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Colorado Bill on Colorimetric Drug Tests for Possession

CO Legislature Bill Search

Published January 1st, 2026

Detected March 6th, 2026

Summary

Colorado Bill HB26-1020 modifies procedures for colorimetric drug tests in drug possession cases. It restricts arrests for certain misdemeanor possession charges and requires advisements in felony cases regarding test accuracy and defendant rights.

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What changed

Colorado Bill HB26-1020 introduces significant changes to how colorimetric field drug tests are used in drug possession cases. For individuals suspected solely of a level 1 drug misdemeanor for possession or a municipal drug possession charge, law enforcement will now be required to issue a summons instead of making an arrest if a colorimetric test was used. Furthermore, for level 4 drug felony possession and lower, trial courts must provide an advisement before accepting a plea, informing defendants about the known error rates of colorimetric tests and their right to request independent laboratory testing.

This legislation directly impacts law enforcement procedures and the rights of individuals facing drug possession charges in Colorado. Compliance officers and legal professionals should familiarize themselves with the new requirements for issuing summons versus arrests and the mandatory advisements in court. While the bill does not specify an immediate compliance deadline, it is set for the 2026 Regular Session, implying that implementation will be required upon its enactment. Failure to adhere to these new procedures could lead to challenges in drug possession cases and potential procedural errors.

What to do next

Review and update departmental policies regarding arrests for level 1 drug misdemeanor possession and municipal drug possession charges when colorimetric tests are used.
Ensure all judicial officers are aware of and implement the required advisements for defendants charged with level 4 drug felony possession and lower, specifically concerning colorimetric test accuracy and the right to independent testing.
Train law enforcement personnel on the new procedures for issuing summons instead of arrests in specified possession cases.

Source document (simplified)

HB26-1020

Colorimetric Field Drug Tests in Drug Possessions

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Crimes, Corrections, & Enforcement |
Concerning colorimetric field drug tests in cases involving drug possession.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

Under current law, a person may be arrested and detained for level 1 drug misdemeanor possession.

The bill defines "colorimetric field drug test" and requires that when a colorimetric field drug test was used 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 bill 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: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Prime Sponsors

Representative

Lindsay Gilchrist
Representative

Jennifer Bacon
Senator

Matt Ball
Senator

Lisa Frizell

Committees

House

Judiciary

Senate

Judiciary

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Status

Under Consideration

Introduced

Under Consideration

Upcoming Schedule

1 meeting

Fri

Mar 6

Senate Third Reading of Bills - Final Passage - Consent Calendar

9:00 AM Senate Chamber

Related Documents & Information

| Date | Version | Documents |
| --- | --- | --- |
| 03/05/2026 | Revised | PDF |
| 02/10/2026 | Reengrossed | PDF |
| 02/09/2026 | Engrossed | PDF |
| 01/14/2026 | Introduced | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 02/05/2026 | PA1 | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 02/19/2026 | FN2 | PDF |
| 01/20/2026 | FN1 | PDF |

| Activity | Vote | Documents |
| --- | --- | --- |
| Refer House Bill 26-1020 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | The motion passed on a vote of 7-0. | Vote summary |
Hearing Summary | Committee Report: PDF
| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 (Attachment A). | The motion passed without objection. | Vote summary |
| Refer House Bill 26-1020, as amended, to the Committee of the Whole. | The motion passed on a vote of 11-0. | Vote summary |
Hearing Summary | Committee Report: PDF
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 02/10/2026 | Third Reading | BILL | 65 AYE 0 NO 0 OTHER | Vote record |

| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 02/04/2026 | L.001 | HOU Judiciary | Passed [*] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

| Date | Location | Action |
| --- | --- | --- |
| 03/05/2026 | Senate | Senate Second Reading Passed - No Amendments |
| 03/02/2026 | Senate | Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole |
| 02/17/2026 | Senate | Introduced In Senate - Assigned to Judiciary |
| 02/10/2026 | House | House Third Reading Passed - No Amendments |
| 02/09/2026 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 02/04/2026 | House | House Committee on Judiciary Refer Amended to House Committee of the Whole |
| 01/14/2026 | House | Introduced In House - Assigned to Judiciary |
Prime Sponsor

Rep. J. Bacon | Rep. L. Gilchrist

Sen. M. Ball | Sen. L. Frizell

Sponsor

(None) Co-Sponsor