Colorimetric Field Drug Tests in Drug Possessions

More safeguards for Colorado drug defendants

Colorado adds safeguards when police use color-based field drug tests—chemical screenings done outside a forensic lab by non-forensic chemists. Police cannot arrest someone whose only suspected offense is a covered level 1 drug misdemeanor possession offense or municipal drug-possession offense. Covered state offenses are those under C.R.S. § 18-18-403.5(2)(c) or (2.5)(a)(II). Police must instead release the person and issue a summons and complaint for a later court appearance. The person must sign an acknowledgment of receipt; another basis for arrest is not covered by this protection. Before accepting a plea in state possession cases under § 18-18-403.5(1), (2), or (2.5), or municipal possession cases, judges must give a warning when a field test was used. Judges must explain that these tests can give false positives, have known error rates, and cannot be used in court. They must also explain the right to plead not guilty and request testing by an accredited forensic lab. These rules apply to offenses committed on or after the law’s effective date.