summary
Introduced
04/09/2025
04/09/2025
In Committee
04/10/2025
04/10/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Session
Bill Summary
AN ACT TO GUIDE THE USE AND SUBSEQUENT ADMISSIBILITY OF COLORIMETRIC FIELD DRUG TESTS PURSUANT TO CRIMINAL INVESTIGATIONS AND PROSECUTIONS. Whereas, a study at the Quattrone Center at University of Pennsylvania Law School found that approximately 773,000 drug-related arrests nationwide involve the use of presumptive drug field tests; and Whereas, the same study finds that these tests are known to produce false positives, suggesting as many as 30,000 arrests per year of people who do not actually possess illegal substances; and Whereas, this error rate is potentially the largest contributing factor to wrongful arrests and convictions in the United States; and Whereas, any path to addressing the concerns over presumptive field tests and providing due process must still ensure law enforcement has the tools to combat the fentanyl crisis and other dangerous controlled substances; Now, therefore,
AI Summary
This bill addresses concerns about the reliability of colorimetric field drug tests (quick, color-based drug testing kits) used by law enforcement by establishing new procedural safeguards to prevent wrongful arrests and prosecutions. The bill defines colorimetric field drug tests and requires that these preliminary tests cannot be used alone to establish probable cause for arrest, initiate criminal charges, secure a conviction, or determine sentencing. By January 1, 2026, all law enforcement agencies in North Carolina must adopt policies ensuring that a corroborating chemical analysis from a state crime laboratory is conducted to confirm the presence of a controlled substance. If no corroborating analysis has been completed, individuals charged solely based on a field drug test must either be cited and released or released with a written promise to appear in court. Additionally, the bill allows individuals to withdraw a plea and request dismissal of charges if a subsequent chemical analysis shows no controlled substance was present. The legislation aims to reduce the estimated 30,000 potential wrongful arrests annually caused by unreliable field drug tests while still maintaining law enforcement's ability to address drug-related crimes. The law will become effective on December 1, 2025, and apply to offenses committed on or after that date.
Committee Categories
Government Affairs
Sponsors (9)
Allen Chesser (R)*,
Phil Rubin (D)*,
Mary Belk (D),
Maria Cervania (D),
Sarah Crawford (D),
Pricey Harrison (D),
Jordan Lopez (D),
Marcia Morey (D),
Amos Quick (D),
Last Action
Ref To Com On Rules, Calendar, and Operations of the House (on 04/10/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ncleg.gov/BillLookUp/2025/H868 |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H868v1.pdf |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H868v0.pdf |
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