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HB26-1020 • 2026

Colorimetric Field Drug Tests in Drug Possessions

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 contr

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. J. Bacon, Rep. L. Gilchrist, Sen. M. Ball, Sen. L. Frizell, Rep. A. Boesenecker, Rep. K. Brown, Rep. S. Camacho, Rep. C. Clifford, Rep. M. Duran, Rep. R. English, Rep. C. Espenoza, Rep. J. Joseph, Rep. S. Lieder, Rep. M. Lindsay, Rep. B. Marshall, Rep. J. McCluskie, Rep. K. Nguyen, Rep. J. Willford, Rep. Y. Zokaie, Sen. J. Amabile, Sen. J. Bridges, Sen. S. Bright, Sen. J. Carson, Sen. M. Catlin, Sen. J. Coleman, Sen. L. Cutter, Sen. L. Daugherty, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. B. Kirkmeyer, Sen. J. Marchman, Sen. R. Pelton, Sen. C. Simpson, Sen. M. Snyder, Sen. K. Wallace, Sen. M. Weissman, Sen. L. Zamora Wilson
Last action
2026-03-26
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on what happens if the colorimetric field drug test is incorrect.

Using Colorimetric Tests for Drug Possession Cases

This law changes how police handle drug possession cases by using colorimetric field tests and requires courts to give specific warnings about these tests.

What This Bill Does

  • Police officers must issue a summons instead of arresting someone if they are only suspected of having small amounts of drugs, based on a quick test called a colorimetric field drug test.
  • Courts have to tell people charged with drug possession that the quick test used by police can sometimes be wrong and that they can ask for another test from an accredited forensic laboratory.

Who It Names or Affects

  • People who might be arrested for drug possession
  • Police officers who make arrests and issue summons
  • Courts that handle drug possession cases

Terms To Know

colorimetric field drug test
A quick test done at the scene to check if someone has drugs, using a chemical reaction that changes color.
summons
A written notice telling someone they must appear in court on a specific date and time.

Limits and Unknowns

  • The law does not specify what happens if the quick test is wrong.
  • It only applies to certain drug possession cases, not all drug-related crimes.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Judiciary

Passed [*]

Plain English: The amendment changes the bill to specify that a person can only be arrested and detained based on a colorimetric field drug test if it is the sole reason for their arrest.

  • Replaces 'FOR' with 'WHEN THE SOLE BASIS FOR THE ARREST IS' in several places where a person might be arrested due to a colorimetric field drug test.
  • Adds the word 'SOLELY' or 'SOLELY SUSPECTED OF' before phrases that describe the basis for arrest, ensuring the test is the only reason for detention.
  • The amendment text does not provide details on what happens if there are other reasons for an arrest besides the drug test.
  • It's unclear how this change will affect current practices and legal procedures related to arrests based on colorimetric field drug tests.

Bill History

  1. 2026-03-26 Governor

    Governor Signed

  2. 2026-03-17 Governor

    Sent to the Governor

  3. 2026-03-17 Senate

    Signed by the President of the Senate

  4. 2026-03-16 House

    Signed by the Speaker of the House

  5. 2026-03-06 Senate

    Senate Third Reading Passed - No Amendments

  6. 2026-03-05 Senate

    Senate Second Reading Passed - No Amendments

  7. 2026-03-02 Senate

    Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole

  8. 2026-02-17 Senate

    Introduced In Senate - Assigned to Judiciary

  9. 2026-02-10 House

    House Third Reading Passed - No Amendments

  10. 2026-02-09 House

    House Second Reading Special Order - Passed with Amendments - Committee

  11. 2026-02-04 House

    House Committee on Judiciary Refer Amended to House Committee of the Whole

  12. 2026-01-14 House

    Introduced In House - Assigned to Judiciary

Official Summary Text

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.)