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CO HB1020

CO HB1020
Colorimetric Field Drug Tests in Drug Possessions


summary

Introduced
01/14/2026
In Committee
02/17/2026
Crossed Over
02/17/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Under current law, a person may be arrested and detained for level drug misdemeanor possession. The bill defines "colorimetric field drug test" and requires that when a colorimetric field drug test was used and a person is suspected of a level 1 drug misdemeanor for possession or a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons. The bill also requires that when a colorimetric field drug test was used, before accepting a plea from a person charged with a drug possession for level 4 drug felony possession and lower, the trial court is required to issue an advisement with specified language, including language stating that colorimetric field drug tests have known error rates and that the defendant has the right to enter a not guilty plea and to request drug testing from an accredited forensic laboratory.

AI Summary

This bill defines a "colorimetric field drug test" as a quick, on-site chemical screening method that uses color changes to indicate the possible presence of a controlled substance, performed by someone other than a forensic chemist outside of a laboratory. It mandates that if such a test is used and a person is suspected of a Level 1 drug misdemeanor for possession or a municipal drug possession charge, a peace officer must issue a summons instead of making an arrest, thereby preventing immediate detention for these specific offenses. Furthermore, for Level 4 drug felony possession and lower, or municipal drug possession charges where a colorimetric field drug test was used, trial judges must inform defendants before they enter a plea that these tests have known error rates and are inadmissible in court, and that defendants have the right to plead not guilty and request independent testing from an accredited forensic laboratory.

Committee Categories

Justice

Sponsors (19)

Last Action

Senate Judiciary Committee Hearing (13:30:00 3/2/2026 Old Supreme Court) (on 03/02/2026)

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