Equipping Law Enf. for Better Drug Detection.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1186

Short Title: Equipping Law Enf. for Better Drug Detection. (Public)
Sponsors: Representatives Chesser, Pyrtle, Rhyne, and Rubin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Appropriations, if favorable, Rules, Calendar, and
Operations of the House
May 5, 2026
*H1186-v-1*
A BILL TO BE ENTITLED 1
AN ACT DIRECTING THE NORTH CAROLINA COLL ABORATORY TO ESTABLI SH 2
AND IMPLEMENT A PILO T PROGRAM TO PROVIDE PARTICIPATING LAW 3
ENFORCEMENT AGENCIES WITH NEW DRUG -DETECTING TECHNOLOGY TO 4
IMPROVE CONTROLLED S UBSTANCE INVESTIGATI ONS AND REDUCE THE 5
RISK OF FALSE ARRESTS. 6
Whereas, law enforcement agencies in North Carolina currently utilize various 7
presumptive field drug tests that vary significantly in their accuracy and reliability, as well as 8
their risks to officer safety due to handling of unknown substances; and 9
Whereas, new research from the Quattrone Center at University of Pennsylvania Law 10
School indicates that traditional "colorimetric" field drug test packets, which are commonly used 11
in North Carolina, are prone to false positives that can lead to the wrongful arrest of innocent 12
individuals and misdirection of valuable police resources; and 13
Whereas, the use of error -prone testing methods undermines community trust and 14
reduces public cooperation with law enforcement, which is essenti al for solving crimes and 15
ensuring public safety; and 16
Whereas, new technology exists that may more accurately and safely identify 17
potential controlled substances in the field, and some of these devices can analyze new synthetic 18
substances that escape colorimetric field tests altogether; and 19
Whereas, law enforcement officers deserve access to the most advanced, safe, and 20
effective drug -detecting technology available to combat the fentanyl crisis and emerging 21
synthetic substances; and 22
Whereas, reducing the risk of false positives is a critical priority for maintaining the 23
integrity of the criminal justice system, protecting the due process rights of all citizens, and 24
focusing key law enforcement resources on true offenders; and 25
Whereas, for these reasons, the State of North Carolina should establish a pilot 26
program to identify the advanced field drug testing tools that will best serve the needs of law 27
enforcement through superior accuracy, safety, and reliability; Now, therefore, 28
The General Assembly of North Carolina enacts: 29
SECTION 1. Establishment. – The North Carolina Collaboratory (Collaboratory) 30
shall establish and implement a pilot program to support law enforcement, improve controlled 31
substance investigations, and reduce the risk of false arrests by providing participating law 32
enforcement agencies with new field drug-detecting technology and measuring the impact of that 33
technology on all of the following: 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1186-First Edition
(1) Case clearance. 1
(2) Law enforcement officer safety. 2
(3) Controlled substance testing accuracy. 3
(4) Identifying new or novel substances. 4
(5) Drug organization investigations. 5
(6) Cost-effectiveness. 6
SECTION 2. Program Requirements. – The pilot program required by this act shall 7
do, at a minimum, all of the following: 8
(1) Provide participating law enforcement agencies with dru g-detection devices 9
meeting the requirements set forth in this subdivision to use in place of 10
color-based field drug tests for detecting suspected controlled substances. 11
Drug-detection devices provided under the pilot program shall meet all of the 12
following requirements: 13
a. Be portable or field-deployable. 14
b. Does not use, depend on, or interpret any visible color change or 15
visually observed chemical reaction as the primary basis for controlled 16
substance identification, such as reagent pouches, spot tests, test strips, 17
crystal or precipitate formation, and technology-assisted interpretation 18
of a color reaction. Drug-detection device indicators such as indicator 19
lights or interface colors are not disqualifying under this 20
sub-subdivision. 21
c. Shall generate and electronically retain a digital analytical signature of 22
the sample sufficient for independent audit and program evaluation. 23
d. Shall compare the analytical signature to an updatable electronic 24
reference library to generate an objective identification resu lt, and 25
shall indicate "no match/unknown," or an equivalent indicator, when 26
no acceptable match is found. 27
e. Shall include a reference library that is capable of being updated on a 28
recurring basis to incorporate new and emerging controlled 29
substances. 30
f. Shall record, at a minimum, the result, the associated analytical 31
signature, the date and time, and a device identifier. 32
g. Shall support evaluator access to test records and underlying 33
signatures sufficient for independent audit and program evaluation. 34
(2) Use both quantitative and qualitative methods to address all of the following 35
research questions related to use of a drug -detection device provided under 36
the pilot program: 37
a. Does access to a drug-detection device change drug enforcement and 38
case process ing outcomes, including arrests and charges, case time 39
lines, dispositions, and sentences? 40
b. Do "no controlled substance" (NCS) outcomes, such as lab-confirmed 41
negatives, change after implementation? 42
c. How does the technology affect officer workload, saf ety practices, 43
evidentiary workflows, and the work of prosecutors and defense 44
counsel? 45
d. Do impacts differ by race or ethnicity, geography, or offense type? 46
e. Any other questions determined relevant by the Collaboratory. 47
(3) Leverage available data from State agencies deemed relevant by the 48
Collaboratory to track case-level outcomes across jurisdictions over time. 49
(4) Measure (i) drug enforcement and case processing outcomes, including arrest 50
and charging activity, case resolution time lines, and case dispositions and (ii) 51
General Assembly Of North Carolina Session 2025
House Bill 1186-First Edition Page 3
forensic laboratory system impacts, including effects on submission volume, 1
processing time lines, and confirmation outcomes. 2
(5) Employ appropriate quantitative methods to compare outcomes in pilot 3
program jurisdictions to comparable no n-pilot program jurisdictions before 4
and after deployment of the drug -detection devices, using research designs 5
adequate to support causal inference to the extent feasible given available 6
data. The specific methods, including selection of comparison groups and 7
outcome measures, shall be determined by the Collaboratory. 8
(6) Conduct qualitative inquiry in pilot program sites using methods appropriate 9
to the research questions, which may include interviews, focus groups, and 10
workflow observations. Participants may include law enforcement personnel, 11
prosecutors, defense counsel, and other stakeholders the Collaboratory 12
determines have relevant experience. The Collaboratory shall determine the 13
specific qualitative design, participant selection, and inquiry domains. 14
SECTION 3. Use of Third Parties. – In establishing and implementing the pilot 15
program required under Section 1 of this act, the Collaboratory shall consult with persons or 16
entities the Collaboratory deems to be subject matter experts in drug detection, law enforcement, 17
and public policy. Additionally, the Collaboratory may collaborate with any person or entity that 18
the Collaboratory deems appropriate to assist in establishing and implementing the pilot program 19
required by this act. Any person or entity utilized by the Collaboratory under the authority set 20
forth in this section shall have the same access to data and cooperation provided to the 21
Collaboratory under Section 4 of this act. 22
SECTION 4. Data Access and Cooperation. – State agencies that maintai n data 23
determined by the Collaboratory to be relevant to the pilot program required by this act, including 24
the Administrative Office of the Courts and the North Carolina State Crime Laboratory, shall 25
make available to the Collaboratory such data as the Col laboratory deems may be reasonably 26
necessary to conduct the pilot program, to the extent permitted by applicable State and federal 27
law and subject to appropriate privacy protections and data use agreements. A State agency that 28
is requested to provide assis tance to the Collaboratory in performing its duties shall assist the 29
Collaboratory, to the extent the assistance provided by the State agency is consistent with its 30
duties under the law. As a condition of participation in the pilot program, participating l aw 31
enforcement agencies shall cooperate with the Collaboratory in the conduct of the pilot program, 32
including by making relevant personnel available for interview and providing access to 33
operational documents and records related to the pilot program. Nothi ng in this section shall 34
require the disclosure of information that would compromise an ongoing investigation, reveal a 35
confidential informant, or is otherwise confidential or privileged under State or federal law. 36
SECTION 5. Participating Law Enforcement Agencies. – The Collaboratory shall 37
select the law enforcement agencies who will participate in the pilot program required by this 38
act. The Collaboratory shall ensure that the law enforcement agencies it selects are representative 39
of law enforcement throu ghout the State, including agencies from rural and urban areas of the 40
State and agencies that would allow for analysis of data from the I -85 and I-95 drug-trafficking 41
corridors. 42
SECTION 6. Reports. – The Collaboratory shall provide all of the following reports 43
to the Joint Legislative Oversight Committee on Justice and Public Safety and the Fiscal Research 44
Division: 45
(1) Beginning three months from the effective date of this act, and every three 46
months thereafter, an interim report providing updates on the establishment 47
and implementation of the pilot program required by this act. 48
(2) By no later than two years from the date the Collaboratory receives the funds 49
appropriated in Section 7 of this act, a final report detailing the findings of the 50
pilot program and any data deemed relevant by the Collaboratory. 51
General Assembly Of North Carolina Session 2025
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SECTION 7. Appropriation. – There is appropriated from the General Fund to the 1
Collaboratory the sum of one million seven hundred fifty thousand dollars ($1,750,000) in 2
nonrecurring funds for the 2026-2027 fiscal year to be used for costs related to the development 3
and implementation of the pilot program required by this act, including purchasing equipment 4
and adding any additional staffing. Notwithstanding any provision of law to the contrary, any 5
funds remaining unspent or unencumbered at the end of the 2026-2027 fiscal year shall not revert 6
but shall remain available to spend until the pilot program expires. 7
SECTION 8. Definition and Construction. – For purposes of this act, the term 8
"drug-detection device" means a device designed to detect the presence of controlled substances 9
and not impairment of nor consumption by a person. Nothing in this act shall be construed as 10
altering or otherwise affecting (i) the standard of proof required for arrest or convi ction under 11
current law or (ii) the types of drug tests currently admissible in a court of law. 12
SECTION 9. Effective Date and Expiration. – Section 7 of this act becomes effective 13
July 1, 2026. The remainder of this act is effective when it becomes law. T he pilot program 14
required by this act shall expire on the earlier of the date the final report required under Section 15
6 of this act is provided or December 1, 2028. 16