NC H868

Prohibits colorimetric field drug tests alone from establishing probable cause to arrest, initiating charges, obtaining convictions, or determining sentencing for controlled substance possession—requires confirmatory laboratory chemical analysis first

Requires all law enforcement agencies and prosecutorial districts to adopt policies governing drug possession arrests and prosecutions by January 1, 2026

Mandates that individuals tested only with a field drug test (without lab confirmation) must be cited and released or released on written promise to appear, rather than held in custody

Allows defendants to withdraw guilty pleas and move for dismissal if subsequent laboratory analysis finds no controlled substance was present in the tested sample

Effective December 1, 2025, applying to offenses committed on or after that date; cites research estimating 30,000 annual wrongful arrests nationwide due to false positive field tests