Contains whereas clauses.
Amends GS 90-95 to make the use of colorimetric field drug tests alone insufficient to support probable cause for arrest. Enacts subsection (f1), which defines “colorimetric field drug test” as a kit of color test reagents for the preliminary identification of narcotic drugs, excluding thin layer chromatography, and defines “corroborating chemical analysis” as a chemical analysis subsequent to a colorimetric field drug test performed by the state crime lab or another lab meeting the standards of scientific testing and court-related evidence preparation. Enacts subsection (f2), which requires all law enforcement agencies and prosecutorial districts to adopt policies regarding arrests that ensure reliable identification of controlled substances. The policies must include (1) that prior to corroborating chemical analysis, a colorimetric field drug test is not sufficient by itself for probable cause to arrest, initiating charges, conviction, or sentencing; (2) when no corroborating chemical analysis has been performed, an individual may be cited and released, or released on a written promise to appear in court, and (3) an individual may plead to the charges and subsequently withdraw the plea and move to dismiss if a corroborating chemical analysis finds no controlled substances. Clarifies that these procedures apply only to the controlled substance crimes charged under GS 90-95(a)(3) and not other crimes an individual may be charged with in the same transaction.
Enacts GS 15A-534.9, requiring conditions of pretrial release for a violation of GS 90-95(a)(3) to comply with the new subsection (f2).
Effective and applicable to offenses committed on or after December 1, 2025.

Statutes affected:
Filed: 90-95