A new bill filed by State Rep. Allen Chesser in the North Carolina House seeks to establish consistent policies for the use and admissibility of colorimetric field drug tests in investigations and prosecutions, according to the North Carolina State House.
The bill, filed as HB 868 on April 9 during the 2025 regular session, was formally listed with the short title: ‘Due Process in LEO Field Drug Testing.’
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill aims to standardize procedures regarding the use and admissibility of colorimetric field drug tests in North Carolina’s criminal investigations and prosecutions. It requires that by Jan. 1, 2026, all law enforcement agencies and prosecutorial districts adopt policies ensuring accurate identification of controlled substances for arrest and prosecution under G.S. 90-95(a)(3). A colorimetric field drug test alone cannot determine probable cause, initiate charges, secure convictions, or inform sentencing without corroborating chemical analysis. If such analysis is unavailable, individuals must be cited and released or released on their promise to appear in court, except for crimes beyond possession of controlled substances. Furthermore, those charged can retract their plea if subsequent analysis shows no controlled substance was present. This act will be effective Dec. 1, 2025.
Of the two sponsors of this bill, Chesser proposed the most bills (44) during the 2025 regular session.
Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.
You can read more about the bills and other measures here.
Chesser graduated from North Carolina Wesleyan University in 2019 with a BS.
Chesser, a Republican, was elected to the North Carolina State House in 2023 to represent the state’s 25th House district, replacing previous state representative James Gailliard.
| Authors | Bill Number | Date Filed | Title |
|---|---|---|---|
| Allen Chesser and Phil Rubin | HB 868 | 04/09/2025 | Due Process in LEO Field Drug Testing. |
| Allen Chesser, Jonathan L. Almond, and Matthew Winslow | HB 874 | 04/09/2025 | North Carolina Healthy Schools Act. |
| Allen Chesser, Jonathan L. Almond, Mike Schietzelt, and Wyatt Gable | HB 886 | 04/09/2025 | AEDs and CPR in Public Schools. |
| Allen Chesser, Matthew Winslow, and Mike Schietzelt | HB 829 | 04/08/2025 | Locksmith Licensing Act Modernization. |
| Allen Chesser and Jarrod Lowery | HB 833 | 04/08/2025 | The FRESH Act. |
| Allen Chesser, Carson Smith, Mike Schietzelt, and Timothy Reeder, MD | HB 789 | 04/03/2025 | Mitigating Factor/Pretrial Use of IID. |
| Allen Chesser, Frank Iler, Jeffrey C. McNeely, and Phil Shepard | HB 652 | 04/01/2025 | Transportation Goods Unit Pricing Cost. |
| Allen Chesser, Donny Lambeth, Erin Paré, and Larry W. Potts | HB 672 | 04/01/2025 | Physician Assist. Omnibus/Team-based/Compact. |
| Allen Chesser, Timothy Reeder, MD, and Tricia Ann Cotham | HB 680 | 04/01/2025 | The Protect Children from Cannabis Act. |
| Allen Chesser, Sarah Crawford, and Timothy Reeder, MD | HB 681 | 04/01/2025 | Update Opioid Abatement Treatment Prog. Rules. |
| Allen Chesser, Grant L. Campbell, MD, and Sarah Crawford | HB 682 | 04/01/2025 | Public Safety Through Food Access Act. |
| Allen Chesser and Jeffrey C. McNeely | HB 607 | 03/31/2025 | Regulate Hemp Consumable Products. |
| Allen Chesser, Donnie Loftis, John R. Bell, IV, and Vernetta Alston | HB 612 | 03/31/2025 | Fostering Care in NC Act. |
| Allen Chesser, Erin Paré, Grant L. Campbell, MD, and Timothy Reeder, MD | HB 571 | 03/27/2025 | Funds for PTSD Treatment for Police Officers. |
| Allen Chesser, Brenden H. Jones, David Willis, and Grant L. Campbell, MD | HB 572 | 03/27/2025 | Veterans/eTMS Pilot Program. |
| Allen Chesser, Cody Huneycutt, Heather H. Rhyne, and Kyle Hall | HB 574 | 03/27/2025 | Workforce Development Pilot Project. |
| Allen Chesser, Donny Lambeth, Grant L. Campbell, MD, and Heather H. Rhyne | HB 536 | 03/26/2025 | Physical Therapy Practice Act Mods. |
| Allen Chesser, Diane Wheatley, Edward C. Goodwin, and John R. Bell, IV | HB 540 | 03/26/2025 | Additional Funds for Patriot Star Scholarship. |
| Allen Chesser, Donna McDowell White, Heather H. Rhyne, and Timothy Reeder, MD | HB 546 | 03/26/2025 | Inmate Medicaid Suspension/Team-Based Care. |
| Allen Chesser, Jennifer Balkcom, Mike Schietzelt, and Neal Jackson | HB 547 | 03/26/2025 | Children’s Services Protection Act. |
| Allen Chesser, Brandon Lofton, Heather H. Rhyne, and Kyle Hall | HB 517 | 03/25/2025 | Modify Nonprofit Corp. Act/Charitable Org. |
| Allen Chesser, Grant L. Campbell, MD, Jeffrey C. McNeely, and Tricia Ann Cotham | HB 468 | 03/20/2025 | Regulate Kratom Products. |
| Allen Chesser, Neal Jackson, Terry M. Brown Jr., and Tim Longest | HB 462 | 03/19/2025 | Personal Data Privacy/Social Media Safety. |
| Allen Chesser, Heather H. Rhyne, and Ray Pickett | HB 437 | 03/18/2025 | Establish Drug-Free Homeless Service Zones. |
| Allen Chesser, A. Reece Pyrtle, Jr., Charles W. Miller, and Cody Huneycutt | HB 450 | 03/18/2025 | Private Property Rights Act. |
| Allen Chesser, Jeff Zenger, John R. Bell, IV, and Mike Schietzelt | HB 402 | 03/13/2025 | Limit Rules With Substantial Financial Costs. |
| Allen Chesser, Erin Paré, Matthew Winslow, and Steve Tyson | HB 364 | 03/11/2025 | STIP Grant Anticipation Notes. |
| Allen Chesser, Heather H. Rhyne, Jake Johnson, and Mike Schietzelt | HB 372 | 03/11/2025 | Home-Based Business Fairness Act. |
| Allen Chesser, David Willis, Grant L. Campbell, MD, and Ray Pickett | HB 373 | 03/11/2025 | UNC Tuition Discounts for Certain Students. |
| Allen Chesser, Cody Huneycutt, Heather H. Rhyne, and Kyle Hall | HB 351 | 03/10/2025 | Recovery-Friendly Workplace Program/Funds. |
| Allen Chesser | HB 332 | 03/06/2025 | Nash/Rocky Mount District Occupancy Tax. |
| Allen Chesser, A. Reece Pyrtle, Jr., Charles W. Miller, and Jeff Zenger | HB 272 | 03/04/2025 | The Sergeant Mickey Hutchens Act. |
| Allen Chesser, Bill Ward, Brenden H. Jones, and Jarrod Lowery | HB 224 | 02/26/2025 | Strengthen Our Tribal Communities Act. |
| Allen Chesser, Charles Smith, Dennis Riddell, and Edward C. Goodwin | HB 227 | 02/26/2025 | U.S. & N.C. Flags/Made In USA. |
| Allen Chesser, Donnie Loftis, Grant L. Campbell, MD, and Mike Schietzelt | HB 118 | 02/13/2025 | Disabled Veterans Tax Relief Bill. |
| Allen Chesser, Brian Biggs, and Jarrod Lowery | HB 112 | 02/12/2025 | Increase Permissible Interstate Speed Limit. |
| Allen Chesser, Allen Buansi, Jarrod Lowery, and Terry M. Brown Jr. | HB 93 | 02/10/2025 | Constitutional Amendment/Repeal Literacy Test. |
| Allen Chesser, Edward C. Goodwin, Erin Paré, and Jennifer Balkcom | HB 94 | 02/10/2025 | Dis. Veteran Homestead Excl. Prequalification. |
| Allen Chesser, Dante Pittman, Grant L. Campbell, MD, and Kelly E. Hastings | HB 69 | 02/06/2025 | Military and Veterans Educational Promise Act. |
| Allen Chesser, Donny Lambeth, Erin Paré, and Kyle Hall | HB 46 | 02/04/2025 | Make Healthcare Affordable. |
| Allen Chesser, A. Reece Pyrtle, Jr., Charles W. Miller, and Tricia Ann Cotham | HB 50 | 02/04/2025 | LEO Special Separation Allowance Options. |
| Allen Chesser, Brenden H. Jones, Heather H. Rhyne, and Jay Adams | HB 35 | 02/03/2025 | Establish Military Appreciation Month. |
| Allen Chesser, A. Reece Pyrtle, Jr., Charles W. Miller, and Edward C. Goodwin | HB 38 | 02/03/2025 | Second Amendment Financial Privacy Act. |
| Allen Chesser, Erin Paré, Harry Warren, and John R. Bell, IV | HB 11 | 01/29/2025 | No Tax on Tips, Overtime, Bonus Pay. |
