Colorado Banned Arrests Based on Faulty Drug Tests. Georgia Is the Only State That Still Convicts People With Them.

Why This Research Matters for Advocacy

This research is a direct call to action for anyone working to end wrongful convictions and protect due process rights in Georgia.

In March 2026, Colorado became the first state in the nation to legislatively restrict arrests based on colorimetric field drug tests — cheap chemical kits that cost approximately $2 and produce false positives at rates between 15% and 38%. The law passed unanimously: 65-0 in the House, 33-0 in the Senate. It was backed by an extraordinary coalition spanning the Innocence Project, the Reason Foundation, and the American Legislative Exchange Council (ALEC).

Georgia now stands completely alone. It is the only state in the United States where unconfirmed field drug test results remain admissible at trial. The University of Pennsylvania’s Quattrone Center estimates that 961 Georgians are falsely arrested every year because of these tests. And because 89% of prosecutors accept guilty pleas without any confirmatory laboratory testing, most of those wrongful arrests become invisible wrongful convictions.

This document gives advocates everything they need: the science proving field tests are unreliable, the data quantifying the human toll, the case studies illustrating how the system destroys lives, and a concrete legislative roadmap adapted from Colorado’s model. Colorado has proven that this reform is achievable, bipartisan, and costs nothing. Georgia has no remaining excuse.

For advocates working on wrongful convictions, racial justice, forensic science reform, bail reform, or sentencing reform, this research connects directly to your campaigns. The evidence is overwhelming, the political pathway is viable, and the moral urgency could not be clearer.

Key Takeaway: Colorado’s unanimous passage of the nation’s first field drug test reform law creates a proven template for Georgia — the only state that still allows these scientifically unreliable tests to sustain criminal convictions.

Talking Points

1. Georgia is the only state in America where a $2 chemical test — with false-positive rates between 15% and 38% — can convict someone of a felony drug offense without laboratory confirmation. No other state permits this.

2. An estimated 961 Georgians are falsely arrested every year based on faulty field drug tests, according to the University of Pennsylvania’s Quattrone Center — and the true number is likely higher because the system is designed never to check.

3. Colorado passed its reform law unanimously — 65-0 in the House, 33-0 in the Senate — with support from both the Innocence Project and ALEC. This is not a partisan issue. It’s a due process issue.

4. 89% of prosecutors accept guilty pleas without any confirmatory laboratory testing, meaning that when a field test is wrong, there is almost no mechanism to catch the error before an innocent person is convicted.

5. Black Americans experience erroneous drug arrests from field tests at three times the rate of white Americans. In Harris County, Texas, 60% of those wrongfully convicted were African American in a city that is only 24% Black.

6. Dasha Fincher spent 94 days in a Georgia jail — with a $1 million bond — for cotton candy that a field test identified as methamphetamine. The GBI lab confirmed no controlled substances. She received no compensation.

7. Colorado’s reform law required $0 in new appropriations. Summons procedures reduce jail booking costs while slightly increasing court workload. Georgia cannot claim reform is too expensive when it costs nothing.

8. The Georgia Bureau of Investigation’s own data shows the problem: 145 confirmed false positives from field tests in 2017 alone, and a Savannah Police Department audit found a 21.4% error rate — meaning roughly one in five tests was wrong.

Key Takeaway: These eight talking points, grounded in verified data, give advocates ready-to-use language for testimony, media appearances, and meetings with legislators.

Important Quotes

On the scale of the crisis:

“Based on observed false-positive rates and arrest data, the researchers estimated that approximately 30,000 people are falsely arrested every year based on inaccurate field test results, a figure they described as conservative.”
— Quattrone Center for the Fair Administration of Justice, University of Pennsylvania (Section: The science behind a $2 test)

“The study called colorimetric field testing ‘one of the largest, if not the largest, known contributing factor to wrongful arrests and convictions in the United States.'”
— Quattrone Center (Section: The science behind a $2 test)

On Georgia’s unique vulnerability:

“According to the Quattrone Center, Georgia is the only state in the United States where presumptive field drug test results remain admissible at trial for non-marijuana drug cases.”
— (Section: Georgia stands alone on admissibility)

“The Quattrone Center estimates that approximately 961 Georgians are falsely arrested each year due to faulty field drug test results.”
— (Section: Georgia stands alone on admissibility)

On the plea bargaining machine:

“People regularly plead guilty to drug possession offenses absent laboratory confirmation because they cannot afford to remain in custody awaiting a laboratory test or cannot afford a lengthy courtroom battle.”
— Colorado working group (Section: Guilty pleas as the invisible engine of injustice)

“In the absence of laboratory confirmatory testing, the incidence of false positives is largely invisible.”
— Colorado working group (Section: Guilty pleas as the invisible engine of injustice)

On the human cost:

“Without a doubt, Plaintiff should never have spent 94 days in jail. And while the Court certainly empathizes with her, it nonetheless must follow the requisite law.”
— Judge Tilman Self III, dismissing Dasha Fincher’s federal lawsuit (Section: Georgia stands alone on admissibility)

On the science:

Suffolk County Superior Court Judge Brian S. Davis characterized the NARK II kits as “arbitrary and unlawful guesswork” and their accuracy as “only marginally better than a coin-flip.”
— Green v. Massachusetts Department of Correction (Section: The science behind a $2 test)

On blind trust in flawed science:

“Everyone, at every stage, seemed to blindly trust the results of this test.”
— Attorney Noah Stout, who represented Holly Bennett (Section: What Colorado’s HB 26-1020 actually does)

Key Takeaway: These quotes from courts, researchers, and reform advocates provide authoritative language that advocates can cite directly in testimony, letters, and media communications.

How to Use This in Your Advocacy

Legislative testimony

When testifying before the House Judiciary Non-Civil Committee or Senate Judiciary Committee, lead with Georgia’s unique status: Georgia is the only state where unconfirmed field test results can sustain a conviction at trial. This is not about being soft on crime — it is about ensuring that convictions are based on reliable evidence. Colorado’s law passed unanimously with support from law enforcement groups and ALEC. The fiscal note was $0. Frame the ask around five concrete provisions: (1) summons in lieu of arrest for field-test-only charges, (2) mandatory court advisements before plea acceptance, (3) statutory inadmissibility of unconfirmed field test results, (4) a right to confirmatory GBI lab testing, and (5) the right to withdraw a guilty plea if lab results find no controlled substance.

Public comment

During public comment periods on criminal justice policy, forensic science standards, or GBI lab operations, emphasize two key data points: the GBI Crime Lab confirmed 145 false positives in 2017 alone, and the Savannah Police Department found a 21.4% error rate in its internal audit. Ask directly: How many people currently in Georgia’s prisons were convicted based solely on a test that is wrong up to 38% of the time? Demand that the state audit past convictions relying on unconfirmed field tests.

Media pitches

Reporters need a news hook. Pitch the story as: “Georgia is now the only state in America where you can be convicted of a felony based on a $2 test that a federal judge called ‘arbitrary guesswork.'” The Dasha Fincher case (94 days jailed for cotton candy, $1 million bond, no compensation) is a powerful human story. The Shai Werts case (Georgia Southern quarterback arrested for cocaine — it was bird droppings) provides a locally resonant angle. Pair individual stories with the systemic data: 961 estimated false arrests per year, 68% of Georgia police agencies still using these tests, only 26% requiring additional evidence before arrest.

Coalition building

This research bridges traditional divides. Use it to build alliances with:
– Conservative and libertarian groups: ALEC’s endorsement of model legislation, the $0 fiscal impact, and due process framing appeal to limited-government advocates.
– Racial justice organizations: Black Americans experience erroneous field test arrests at three times the rate of white Americans. In Harris County, 60% of wrongful convictions were of Black residents in a city that is 24% Black.
– Scientific and forensic reform organizations: The Quattrone Center’s comprehensive research and the documented false-positive rates of 15-38% provide rigorous scientific grounding.
– Legal aid and public defender organizations: 89% of prosecutors accept pleas without lab testing; the Georgia Innocence Project has identified invalid forensic evidence as a factor in 44% of its exoneration cases.
– Faith and community organizations: The stories of people like Dasha Fincher, Amy Albritton, and Cody Gregg — ordinary people whose lives were destroyed by a test that cost $2 — provide moral clarity.

Written communications

In letters to legislators, the Governor’s office, district attorneys, and police chiefs, include these core facts: (1) Georgia is the only state permitting trial convictions based on unconfirmed field tests, (2) false-positive rates range from 15% to 38%, (3) an estimated 961 Georgians are falsely arrested annually, (4) Colorado’s reform passed unanimously at $0 cost, and (5) 89% of prosecutors accept guilty pleas without lab confirmation. Close with a specific ask: introduce or support legislation modeled on Colorado’s HB 26-1020, adapted for Georgia’s felony classification framework.

Key Takeaway: This research provides ready-made arguments for every advocacy context — from legislative hearings to media pitches to coalition meetings — with data points that are verifiable and compelling.

Use Impact Justice AI

Need to turn this research into a letter to your state representative? Draft testimony for a committee hearing? Write an op-ed or a public comment? Impact Justice AI can help.

Impact Justice AI is trained on GPS research and advocacy data. Use it to:

• Generate personalized letters to Georgia legislators urging support for field drug test reform
• Draft legislative testimony incorporating the statistics and quotes from this research
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• Write public comment submissions for relevant rulemaking or policy reviews
• Develop fact sheets and one-pagers for meetings with officials

Every piece of evidence in this brief — from the 961 estimated false arrests to the $0 fiscal impact — is available for Impact Justice AI to weave into professional advocacy materials tailored to your specific audience and goals.

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Key Takeaway: Impact Justice AI at impactjustice.ai can help advocates instantly generate letters, testimony, and communications using the data from this research.

Key Statistics

False-Positive Rates
– Field drug tests produce false positives at rates between 15% and 38%, depending on jurisdiction and substance — far exceeding manufacturers’ claimed 4% error rate. (Quattrone Center, 2024; Section: The science behind a $2 test)
– NYC jails found an 85% false-positive rate for fentanyl field tests — out of 71 items that tested positive, only 15% actually contained fentanyl. (NYC Department of Investigation, 2024; Section: The science behind a $2 test)
– The NARK II field test produced a 91% false-positive rate; MobileDetect tests produced a 79% false-positive rate in NYC jails. (NYC DOI, 2024; Section: The science behind a $2 test)
– In Massachusetts, 38% of prison mail that tested positive for synthetic cannabinoids contained no illegal drugs. (Green v. Massachusetts DOC, 2021; Section: The science behind a $2 test)
– The Savannah Police Department found a 21.4% error rate in its internal audit — 9 of 42 cases wrong. (FOX 5 Atlanta, 2018; Section: From Houston to the nation)
– Colorado’s Department of Corrections had a 33% false-positive rate for its colorimetric testing program. (Colorado working group; Section: What Colorado’s HB 26-1020 actually does)

National Impact
– Approximately 30,000 Americans are falsely arrested every year based on field drug test errors — a figure researchers described as conservative. (Quattrone Center, 2024; Section: The science behind a $2 test)
– Approximately 773,000 drug-related arrests per year involve colorimetric field tests — roughly half of all 1.5 million annual drug arrests. (Quattrone Center, 2024; Section: The science behind a $2 test)
– At least 100,000 people per year plead guilty to drug charges relying on field test results as primary evidence. (ProPublica; Section: Guilty pleas)
– 531 of 3,396 known exonerations documented by the National Registry of Exonerations involved wrongful drug arrests for substances that were not drugs. (National Registry of Exonerations; Section: Guilty pleas)

Georgia-Specific Data
– 961 Georgians are estimated to be falsely arrested each year due to faulty field drug tests. (Quattrone Center; Section: Georgia stands alone)
– Georgia is the only state where unconfirmed field drug test results remain admissible at trial. (Quattrone Center; Section: Georgia stands alone)
– 68% of Georgia police agencies still use roadside drug tests; only 26% have a policy requiring additional evidence before arrest. (FOX 5 Atlanta/Georgia Association of Chiefs of Police, 2024; Section: Georgia stands alone)
– The GBI Crime Lab confirmed 145 false positives from field tests in 2017: 64 for methamphetamine, 40 for cocaine, 24 for ecstasy, 11 for heroin. (FOX 5 Atlanta, 2018; Section: From Houston to the nation)
– The GBI evidence backlog reached 36,194 items in 2019, with 19,112 in the chemistry/drug testing section — over half. (GBI reports; Section: Georgia stands alone)

The Plea Bargaining Machine
– 89% of prosecutors accept guilty pleas without any confirmatory laboratory testing. (Quattrone Center, 2024; Section: Guilty pleas)
– 67% of drug labs are not asked to review samples when cases resolve by plea. (Quattrone Center, 2024; Section: Guilty pleas)
– 46% of labs do not conduct confirmatory testing if a guilty plea has already been entered. (Quattrone Center, 2024; Section: Guilty pleas)
– Over 80% of prosecutors acknowledged it is “extremely unlikely” seized drug evidence will ever be analyzed after a plea deal. (Quattrone Center, 2024; Section: Guilty pleas)
– Approximately 95% of criminal cases nationally are resolved through plea agreements. (Section: Guilty pleas)

Racial Disparities
– Black Americans experience erroneous drug arrests from field tests at three times the rate of white Americans on a per-capita basis. (Quattrone Center, 2024; Section: Racial and economic fault lines)
– In Harris County, 60% of those wrongfully convicted were African American in a city that is 24% Black. (ProPublica, 2016; Section: From Houston to the nation)
– 93% of those wrongfully convicted in ProPublica’s analysis received jail or prison sentences. (ProPublica; Section: Racial and economic fault lines)

Colorado’s Reform
– HB 26-1020 passed 65-0 in the House and 33-0 in the Senate. (Section: What Colorado’s HB 26-1020 actually does)
– The fiscal note estimated $0 in new appropriations. (Section: What Colorado’s HB 26-1020 actually does)

Harris County, Texas — The Largest Documented Crisis
– At least 298 people were convicted of drug possession despite lab tests finding no controlled substances (2004-2015). (ProPublica, 2016; Section: From Houston to the nation)
– 212 convictions were based on Houston PD field test arrests. (ProPublica, 2016; Section: From Houston to the nation)
– The innocent pleaded guilty an average of 4 days after arrest. (ProPublica, 2016; Section: From Houston to the nation)
– The Conviction Integrity Unit overturned 131+ convictions. (Section: From Houston to the nation)

Key Takeaway: Every statistic in this section is sourced from the original document and ready to copy into testimony, letters, fact sheets, and media communications.

Read the Source Document

Read the full GPS research brief: Colorado’s Landmark Drug Test Law and What It Means for Georgia (PDF)

This document provides the complete analysis including detailed case studies, chemical science explanations, Georgia-specific legal analysis, and a five-part legislative blueprint for reform.

Other Versions

This research is available in versions tailored for different audiences:

• Public Version — Accessible summary for community members, families, and the general public
• Legislator Version — Policy brief formatted for Georgia legislators and staff
• Media Version — Press-ready summary with key findings, story angles, and expert sources