HB 26-1020

House Bill 26-1020 in Colorado changes how police handle suspected drug possession cases. If a colorimetric field test is used and the suspect is only charged with a level 1 drug misdemeanor or a municipal drug possession charge, officers must issue a summons instead of making an arrest. Additionally, for more serious charges like a level 4 drug felony, courts are required to inform defendants about the potential errors in these tests and their right to request additional testing from a forensic lab. This bill has been signed into law, meaning it is now active and being implemented by law enforcement and courts.

Official Summary

Under current law, a person may be arrested and detained for level 1 drug misdemeanor possession.     The act requires that when a colorimetric field drug test was used to test for the presence of a controlled substance and a person is solely suspected of a level 1 drug misdemeanor for possession or solely suspected of a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons.     The act 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.(Note: This summary applies to this bill as enacted.)

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