NC
North Carolina House Bill H868

North Carolina 2025-2026 Regular Session

North Carolina House Bill H868 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 868
3+H D
4+HOUSE BILL DRH30359-ND-92A
5+
56
67
78 Short Title: Due Process in LEO Field Drug Testing. (Public)
8-Sponsors: Representatives Rubin and Chesser (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-April 10, 2025
12-*H868 -v-1*
9+Sponsors: Representative Rubin.
10+Referred to:
11+
12+*DRH30359 -ND-92A*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO GUIDE THE USE AND SUBSEQUENT ADMISSIBILITY OF 2
1515 COLORIMETRIC FIELD DRUG TESTS PURSUANT TO CRIMINAL 3
1616 INVESTIGATIONS AND PROSECUTIONS . 4
1717 Whereas, a study at the Quattrone Center at University of Pennsylvania Law School 5
1818 found that approximately 773,000 drug-related arrests nationwide involve the use of presumptive 6
1919 drug field tests; and 7
2020 Whereas, the same study finds that these tests are known to produce false positives, 8
2121 suggesting as many as 30,000 arrests per year of people who do not actually possess illegal 9
2222 substances; and 10
2323 Whereas, this error rate is potentially the largest contributing factor to wrongful 11
2424 arrests and convictions in the United States; and 12
2525 Whereas, any path to addressing the concerns over presumptive field tests and 13
2626 providing due process must still ensure law enforcement has the tools to combat the fentanyl 14
2727 crisis and other dangerous controlled substances; Now, therefore, 15
2828 The General Assembly of North Carolina enacts: 16
2929 SECTION 1. G.S. 90-95 reads as rewritten: 17
3030 "§ 90-95. Violations; penalties. 18
3131 (a) Except as authorized by this Article, it is unlawful for any person: 19
3232 … 20
3333 (3) To possess a controlled substance. 21
3434 … 22
3535 (f1) Unless the context requires otherwise, for purposes of this section, the following 23
3636 definitions shall apply: 24
3737 (1) Colorimetric field drug test. – A field-testing drug kit that consists of color 25
3838 test reagents for the preliminary identification of narcotic drugs in their pure 26
3939 or diluted forms. It does not apply to kits that use thin layer chromatography 27
4040 as the identification procedure or to kits that identify drugs in body fluids. 28
4141 (2) Corroborating chemical analysis. – A chemical analysis following a 29
4242 colorimetric field drug test used to confirm or contradict the veracity of a 30
4343 colorimetric field drug test, when that chemical analysis has been performed 31
4444 by the North Carolina State Crime Laboratory or any other crime laboratory 32
4545 meeting similar standards of scientific testing and court-related evidence 33
46-preparation and preservation. 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 868-First Edition
48-(f2) No later than January 1, 2026, all law enforcement agencies and prosecutorial districts 1
49-in the State shall adopt policies governing the arrest and prosecution of violations of 2
50-G.S. 90-95(a)(3) that ensure reliable and accurate identification of controlled substances for the 3
51-purpose of maintaining the integrity of convictions for those violations. The policies adopted 4
52-pursuant to this subsection shall include, at a minimum, each of the following: 5
53-(1) Prior to the results of a corroborating chemical analysis, a colorimetric field 6
54-drug test shall not be sufficient, by itself, for the determination of any of the 7
55-following: 8
56-a. Probable cause to arrest. 9
57-b. Initiating charges. 10
58-c. Conviction. 11
59-d. Sentencing following a conviction. 12
60-(2) When a colorimetric field drug test has been conducted and there has been no 13
61-corroborating chemical analysis, in the absence of any conflicting statutory 14
62-provision, individuals charged shall be either: 15
63-a. Cited and released, when citation is permitted by law for the alleged 16
64-crimes of the individual. 17
65-b. Released upon the defendant's written promise to appear in court 18
66-pursuant to the setting of conditions of pretrial release under 19
67-G.S. 15A-534 and other applicable statutes. 20
68-Criminal process issued or conditions of release set pursuant to this 21
69-subdivision shall only be required for crimes charged under G.S. 90-95(a)(3) 22
70-and shall not be construed to apply to the criminal process or conditions of 23
71-pretrial release for any other crimes for which the individual is charged or 24
72-arrested. 25
73-(3) Any individual charged shall be entitled to plead to the charge and 26
74-subsequently withdraw that plea and move for dismissal of the charges in the 27
75-event of a corroborating chemical analysis that finds there was no controlled 28
76-substance in the sample of the test at any time during the pendency of the case 29
77-or subsequent entry of the plea. 30
78-…." 31
79-SECTION 2. Part 1 of Article 26 of Chapter 15A of the General Statutes is amended 32
80-by adding a new section to read: 33
81-"§ 15A-534.9. Possession of controlled substances; bail and pretrial release. 34
82-When conditions of pretrial release are being determined for a defendant charged with a 35
83-violation of G.S. 90-95(a)(3), the conditions of pretrial release for that specific charge shall 36
84-comply with the provisions of G.S. 90-95(f2)." 37
85-SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 38
86-committed on or after that date. 39
46+preparation and preservation. 34
47+(f2) No later than January 1, 2026, all law enforcement agencies and prosecutorial districts 35
48+in the State shall adopt policies governing the arrest and prosecution of violations of 36
49+H.B. 868
50+Apr 9, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30359-ND-92A
53+G.S. 90-95(a)(3) that ensure reliable and accurate identification of controlled substances for the 1
54+purpose of maintaining the integrity of convictions for those violations. The policies adopted 2
55+pursuant to this subsection shall include, at a minimum, each of the following: 3
56+(1) Prior to the results of a corroborating chemical analysis, a colorimetric field 4
57+drug test shall not be sufficient, by itself, for the determination of any of the 5
58+following: 6
59+a. Probable cause to arrest. 7
60+b. Initiating charges. 8
61+c. Conviction. 9
62+d. Sentencing following a conviction. 10
63+(2) When a colorimetric field drug test has been conducted and there has been no 11
64+corroborating chemical analysis, in the absence of any conflicting statutory 12
65+provision, individuals charged shall be either: 13
66+a. Cited and released, when citation is permitted by law for the alleged 14
67+crimes of the individual. 15
68+b. Released upon the defendant's written promise to appear in court 16
69+pursuant to the setting of conditions of pretrial release under 17
70+G.S. 15A-534 and other applicable statutes. 18
71+Criminal process issued or conditions of release set pursuant to this 19
72+subdivision shall only be required for crimes charged under G.S. 90-95(a)(3) 20
73+and shall not be construed to apply to the criminal process or conditions of 21
74+pretrial release for any other crimes for which the individual is charged or 22
75+arrested. 23
76+(3) Any individual charged shall be entitled to plead to the charge and 24
77+subsequently withdraw that plea and move for dismissal of the charges in the 25
78+event of a corroborating chemical analysis that finds there was no controlled 26
79+substance in the sample of the test at any time during the pendency of the case 27
80+or subsequent entry of the plea. 28
81+…." 29
82+SECTION 2. Part 1 of Article 26 of Chapter 15A of the General Statutes is amended 30
83+by adding a new section to read: 31
84+"§ 15A-534.9. Possession of controlled substances; bail and pretrial release. 32
85+When conditions of pretrial release are being determined for a defendant charged with a 33
86+violation of G.S. 90-95(a)(3), the conditions of pretrial release for that specific charge shall 34
87+comply with the provisions of G.S. 90-95(f2)." 35
88+SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 36
89+committed on or after that date. 37