HB 1020: Colorimetric Field Drug Tests in Drug Possessions - Colorado

Rerevised → Final Act · 4 edits · Mar 12, 2026

MODERATE

This bill amends Colorado drug possession laws to restrict the use of colorimetric field drug tests (presumptive chemical screenings) as the sole basis for arrests or plea agreements. It mandates that peace officers issue summonses instead of making arrests, and judges must inform defendants of the test's high error rates and right to forensic testing before accepting pleas.

Scope change

The scope was expanded to explicitly prohibit arrests and plea acceptance based solely on colorimetric field drug tests for Level 1 drug misdemeanors and municipal drug possession charges.

DEFINITION

Added a new legal definition for 'colorimetric field drug test' to clarify that these are presumptive screening methods with known error rates, not definitive forensic evidence.

ENFORCEMENT

Prohibited peace officers from arresting individuals suspected of Level 1 drug misdemeanors or municipal drug possession if a colorimetric field drug test was the only evidence, requiring a summons instead.

REQUIREMENT

Required trial judges to issue a specific advisement to defendants before accepting pleas, informing them that these tests have known error rates and are inadmissible in court, and asserting their right to request forensic testing.

Modified arrest and release procedures to ensure that when a colorimetric field drug test is used for specific low-level drug charges, the individual is released with a summons rather than detained.

Revised → Rerevised · 2 edits · Mar 6, 2026

MINOR

The bill was re-revised to include additional Senate sponsors and updated the header to reflect that amendments were adopted in the Second House. Substantively, the text removed a specific provision that required peace officers to issue a summons and complaint instead of making an arrest when a suspect was charged with a Level 1 drug misdemeanor for possession of a controlled substance or a municipal drug possession charge.

Scope change

The bill's scope regarding law enforcement procedures for specific drug possession charges was narrowed by removing the mandatory 'no-arrest' rule for Level 1 drug misdemeanors and municipal possession charges.

ENFORCEMENT

Deleted the requirement that peace officers must issue a summons and complaint and cannot arrest individuals suspected of Level 1 drug misdemeanors for possession of a controlled substance or municipal drug possession charges.

TECHNICAL

Updated the document header from 'Revised' to 'Rerevised' and added a list of additional Senate sponsors.

Reengrossed → Revised · 1 edit · Mar 5, 2026

MINOR

The bill was re-engrossed and updated to reflect amendments adopted during the second reading in the Senate. The most significant substantive change is the removal of a specific provision that would have prohibited arrests for certain Level 1 drug possession charges when a colorimetric field test was used. This deletion means the bill no longer mandates that peace officers refrain from arresting individuals in these specific scenarios, leaving the decision to arrest to officer discretion or other existing laws.

Scope change

The bill's scope regarding arrest procedures for specific drug possession charges has been narrowed by removing a mandatory non-arrest requirement.

ENFORCEMENT

Deleted a new subsection (1.3) in C.R.S. 16-3-105 that would have required peace officers to not arrest individuals solely suspected of a Level 1 drug misdemeanor for possession of a controlled substance or municipal drug possession violations if a colorimetric field test was used.

Engrossed → Reengrossed · 2 edits · Feb 10, 2026

MINOR

The bill was reengrossed to include additional co-sponsors and updated the legislative summary to reflect that it has passed the third reading unamended. Substantively, the text of the bill itself remains unchanged, as the provided diff only shows formatting updates, new sponsor names, and a status note.

TECHNICAL

Added several new co-sponsors to the House sponsorship list, expanding the group of legislators supporting the bill.

Updated the legislative summary header from 'Engrossed' to 'Reengrossed' and added a note indicating the bill passed third reading unamended on February 10, 2026.

Introduced → Engrossed · 4 edits · Feb 9, 2026

MODERATE

The bill was changed from 'Introduced' to 'Engrossed' status, indicating it has passed its initial reading and includes amendments. The substantive policy changes clarify that peace officers must not arrest individuals solely for low-level drug possession charges when a colorimetric field test is used, instead issuing a summons. Additionally, judges must now inform defendants that these field tests have known error rates and are inadmissible in court before accepting a plea.

Scope change

The scope of arrest restrictions was refined to explicitly apply only when the 'sole basis' for the arrest is a specific type of drug possession charge, narrowing the conditions under which officers are prohibited from making an arrest.

ENFORCEMENT

Arrest restrictions for low-level drug possession were modified to apply only when the colorimetric field test is the sole basis for the arrest, rather than in all possession cases.

REQUIREMENT

A new requirement was added for trial judges to issue a specific advisement to defendants explaining that presumptive colorimetric field drug tests are subject to false positives and are inadmissible in court.

DEFINITION

The definition of when a 'colorimetric field drug test' triggers specific procedural changes was updated to include municipal drug possession charges alongside state-level charges.

TECHNICAL

The bill status was updated from 'Introduced' to 'Engrossed' to reflect that all amendments adopted on second reading have been incorporated.

Colorimetric Field Drug Tests in Drug Possessions

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