Colorado has become the first state in the country to pass a law that stops police from making arrests based only on common field drug tests. The change comes after growing concern that these quick tests can lead to false positives.
For people like Holly Bennett, 65, from Commerce City, the issue is not theoretical. She was wrongly accused in 2022 after a field test misidentified a substance in her possession. The law, signed by Gov. Jared Polis on March 26, aims to prevent similar cases.
Colorimetric drug tests are widely used by police because they are fast and cheap, often giving results within minutes during a stop. The test works by changing color when certain substances are present, but that simplicity is also where problems begin.
Experts have warned for years that these tests can produce false positives, meaning innocent people can be accused of carrying illegal drugs. Research from the University of Pennsylvania estimates about 30,000 people each year are wrongly implicated due to inaccurate results.
Holly Bennett’s case in Commerce City shows how serious that can get. After surgery in 2022, she woke up to an officer accusing her of cocaine possession. “I don’t do cocaine,” she said, later learning her prescribed Ritalin, which had broken into powder inside her purse and was misread by the test.
Under the new law in Colorado, officers can no longer arrest someone for low-level drug possession based only on a colorimetric test. Instead, they must issue a court summons, which changes how cases begin and reduces immediate detention.
The law also requires courts to clearly inform defendants that these tests can produce false positives and are not reliable on their own. People must be told they have the right to request confirmatory testing from a forensic laboratory before agreeing to any plea deal.
Jeanne Segil of the Korey Wise Innocence Project, who helped shape the law, said the goal is simple. “For somebody who’s innocent, they will say, I’m not alone in this,” she explained, adding that understanding the test limits can change how people respond.
One of the biggest changes this law brings is how people respond when accused. Jeanne Segil explained that many defendants accept plea deals simply to get out faster, even when innocent. “It’s often so much easier to plead guilty,” she said, describing the pressure.
That decision can carry real consequences beyond court. Segil warned that even short detention can lead to lost jobs, housing instability, and custody issues. When cases rely on weak initial testing, those outcomes can happen before the facts are fully verified.
Supporters believe this law could reduce those situations by slowing the process just enough for proper testing to happen. With Colorado acting first, other states may start reviewing similar policies, especially as data continues to show how often early test results can be wrong.
Debate around this law is already building. Some officers question whether limiting arrests could affect enforcement, while advocates point to cases like Holly Bennett, who later cleared her name. Many others do not, especially when early test results drive decisions before proper lab confirmation.
Colorado’s new law changes that by requiring a court summons instead of arrest for low-level cases tied only to these tests. Jeanne Segil said the goal is making sure people understand their rights, which could shift how future cases are handled across the state.