AN ACT directing the north carolina collaboratory to establish and implement a pilot program to provide participating law enforcement agencies with new drug‑detecting technology to improve controlled substance investigations and reduce the risk of false arrests.

Whereas, law enforcement agencies in North Carolina currently utilize various presumptive field drug tests that vary significantly in their accuracy and reliability, as well as their risks to officer safety due to handling of unknown substances; and

Whereas, new research from the Quattrone Center at University of Pennsylvania Law School indicates that traditional colorimetric field drug test packets, which are commonly used in North Carolina, are prone to false positives that can lead to the wrongful arrest of innocent individuals and misdirection of valuable police resources; and

Whereas, the use of error‑prone testing methods undermines community trust and reduces public cooperation with law enforcement, which is essential for solving crimes and ensuring public safety; and

Whereas, new technology exists that may more accurately and safely identify potential controlled substances in the field, and some of these devices can analyze new synthetic substances that escape colorimetric field tests altogether; and

Whereas, law enforcement officers deserve access to the most advanced, safe, and effective drug‑detecting technology available to combat the fentanyl crisis and emerging synthetic substances; and

Whereas, reducing the risk of false positives is a critical priority for maintaining the integrity of the criminal justice system, protecting the due process rights of all citizens, and focusing key law enforcement resources on true offenders; and

Whereas, for these reasons, the State of North Carolina should establish a pilot program to identify the advanced field drug testing tools that will best serve the needs of law enforcement through superior accuracy, safety, and reliability; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Establishment. – The North Carolina Collaboratory (Collaboratory) shall establish and implement a pilot program to support law enforcement, improve controlled substance investigations, and reduce the risk of false arrests by providing participating law enforcement agencies with new field drug‑detecting technology and measuring the impact of that technology on all of the following:

(1)        Case clearance.

(2)        Law enforcement officer safety.

(3)        Controlled substance testing accuracy.

(4)        Identifying new or novel substances.

(5)        Drug organization investigations.

(6)        Cost‑effectiveness.

SECTION 2.  Program Requirements. – The pilot program required by this act shall do, at a minimum, all of the following:

(1)        Provide participating law enforcement agencies with drug‑detection devices meeting the requirements set forth in this subdivision to use in place of color‑based field drug tests for detecting suspected controlled substances. Drug‑detection devices provided under the pilot program shall meet all of the following requirements:

a.         Be portable or field‑deployable.

b.         Does not use, depend on, or interpret any visible color change or visually observed chemical reaction as the primary basis for controlled substance identification, such as reagent pouches, spot tests, test strips, crystal or precipitate formation, and technology‑assisted interpretation of a color reaction. Drug‑detection device indicators such as indicator lights or interface colors are not disqualifying under this sub‑subdivision.

c.         Shall generate and electronically retain a digital analytical signature of the sample sufficient for independent audit and program evaluation.

d.         Shall compare the analytical signature to an updatable electronic reference library to generate an objective identification result, and shall indicate no match/unknown, or an equivalent indicator, when no acceptable match is found.

e.         Shall include a reference library that is capable of being updated on a recurring basis to incorporate new and emerging controlled substances.

f.          Shall record, at a minimum, the result, the associated analytical signature, the date and time, and a device identifier.

g.         Shall support evaluator access to test records and underlying signatures sufficient for independent audit and program evaluation.

(2)        Use both quantitative and qualitative methods to address all of the following research questions related to use of a drug‑detection device provided under the pilot program:

a.         Does access to a drug‑detection device change drug enforcement and case processing outcomes, including arrests and charges, case time lines, dispositions, and sentences?

b.         Do no controlled substance (NCS) outcomes, such as lab‑confirmed negatives, change after implementation?

c.         How does the technology affect officer workload, safety practices, evidentiary workflows, and the work of prosecutors and defense counsel?

d.         Do impacts differ by race or ethnicity, geography, or offense type?

e.         Any other questions determined relevant by the Collaboratory.

(3)        Leverage available data from State agencies deemed relevant by the Collaboratory to track case‑level outcomes across jurisdictions over time.

(4)        Measure (i) drug enforcement and case processing outcomes, including arrest and charging activity, case resolution time lines, and case dispositions and (ii) forensic laboratory system impacts, including effects on submission volume, processing time lines, and confirmation outcomes.

(5)        Employ appropriate quantitative methods to compare outcomes in pilot program jurisdictions to comparable non‑pilot program jurisdictions before and after deployment of the drug‑detection devices, using research designs adequate to support causal inference to the extent feasible given available data. The specific methods, including selection of comparison groups and outcome measures, shall be determined by the Collaboratory.

(6)        Conduct qualitative inquiry in pilot program sites using methods appropriate to the research questions, which may include interviews, focus groups, and workflow observations. Participants may include law enforcement personnel, prosecutors, defense counsel, and other stakeholders the Collaboratory determines have relevant experience. The Collaboratory shall determine the specific qualitative design, participant selection, and inquiry domains.

SECTION 3.  Use of Third Parties. – In establishing and implementing the pilot program required under Section 1 of this act, the Collaboratory shall consult with persons or entities the Collaboratory deems to be subject matter experts in drug detection, law enforcement, and public policy. Additionally, the Collaboratory may collaborate with any person or entity that the Collaboratory deems appropriate to assist in establishing and implementing the pilot program required by this act. Any person or entity utilized by the Collaboratory under the authority set forth in this section shall have the same access to data and cooperation provided to the Collaboratory under Section 4 of this act.

SECTION 4.  Data Access and Cooperation. – State agencies that maintain data determined by the Collaboratory to be relevant to the pilot program required by this act, including the Administrative Office of the Courts and the North Carolina State Crime Laboratory, shall make available to the Collaboratory such data as the Collaboratory deems may be reasonably necessary to conduct the pilot program, to the extent permitted by applicable State and federal law and subject to appropriate privacy protections and data use agreements. A State agency that is requested to provide assistance to the Collaboratory in performing its duties shall assist the Collaboratory, to the extent the assistance provided by the State agency is consistent with its duties under the law. As a condition of participation in the pilot program, participating law enforcement agencies shall cooperate with the Collaboratory in the conduct of the pilot program, including by making relevant personnel available for interview and providing access to operational documents and records related to the pilot program. Nothing in this section shall require the disclosure of information that would compromise an ongoing investigation, reveal a confidential informant, or is otherwise confidential or privileged under State or federal law.

SECTION 5.  Participating Law Enforcement Agencies. – The Collaboratory shall select the law enforcement agencies who will participate in the pilot program required by this act. The Collaboratory shall ensure that the law enforcement agencies it selects are representative of law enforcement throughout the State, including agencies from rural and urban areas of the State and agencies that would allow for analysis of data from the I‑85 and I‑95 drug‑trafficking corridors.

SECTION 6.  Reports. – The Collaboratory shall provide all of the following reports to the Joint Legislative Oversight Committee on Justice and Public Safety and the Fiscal Research Division:

(1)        Beginning three months from the effective date of this act, and every three months thereafter, an interim report providing updates on the establishment and implementation of the pilot program required by this act.

(2)        By no later than two years from the date the Collaboratory receives the funds appropriated in Section 7 of this act, a final report detailing the findings of the pilot program and any data deemed relevant by the Collaboratory.

SECTION 7.  Appropriation. – There is appropriated from the General Fund to the Collaboratory the sum of one million seven hundred fifty thousand dollars ($1,750,000) in nonrecurring funds for the 2026‑2027 fiscal year to be used for costs related to the development and implementation of the pilot program required by this act, including purchasing equipment and adding any additional staffing. Notwithstanding any provision of law to the contrary, any funds remaining unspent or unencumbered at the end of the 2026‑2027 fiscal year shall not revert but shall remain available to spend until the pilot program expires.

SECTION 8.  Definition and Construction. – For purposes of this act, the term drug‑detection device means a device designed to detect the presence of controlled substances and not impairment of nor consumption by a person. Nothing in this act shall be construed as altering or otherwise affecting (i) the standard of proof required for arrest or conviction under current law or (ii) the types of drug tests currently admissible in a court of law.

SECTION 9.  Effective Date and Expiration. – Section 7 of this act becomes effective July 1, 2026. The remainder of this act is effective when it becomes law. The pilot program required by this act shall expire on the earlier of the date the final report required under Section 6 of this act is provided or December 1, 2028.