Colo. bans arrests based solely on colorimetric drug tests

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The new law states that for misdemeanor possession offenses based solely on a colorimetric test, officers must issue a court summons instead of making an arrest

COMMERCE CITY, Colo. — The state of Colorado has passed a law banning arrests solely based on results from colorimetric drug tests, KDVR reported.

The new law is based on research that suggests the tests, which are based on chemical reactions causing a strip to change color when certain substances are present, can produce false positives.

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For misdemeanor drug possession charges based solely on a colorimetric test, officers must now issue a court summons instead of making an arrest, according to KDVR. The rule also requires that courts inform defendants of the risk of a false positive and that they have a right to confirmatory testing before accepting a plea deal.

The new law was passed unanimously through the state Legislature and was signed into law on March 26 by Gov. Jared Polis.

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