13677.
(a) All law enforcement agencies and prosecutorial entities shall adopt policies for the arrest and prosecution of a violation of Section 11350 or 11377 of the Health and Safety Code to ensure reliable and accurate identifications of controlled substances and to maintain the integrity of convictions. The policies shall include procedures that ensure they are abiding by the requirements in subdivision (b).(b) Unless a test from a crime laboratory confirms the presence of a controlled substance in the sample, a colorimetric field drug test conducted by a law enforcement agency shall not be used for any of the following reasons:
(1) By a law enforcement agency for a determination of probable cause for an arrest under Section 11350 or 11377 of the Health and Safety Code.
(2) By a prosecutor when deciding whether to charge a person under Section 11350 or 11377 of the Health and Safety Code.
(3) By a prosecutor as evidence against a defendant charged with a violation of Section 11350 or 11377 of the Health and Safety Code in an arraignment or preliminary hearing.
(4) By a court for conviction or sentencing under Section 11350 or 11377 of the Health and Safety Code.
(c) When a colorimetric field drug test is used for any reason, an individual who pleads guilty to a violation of Section 11350 or 11377 of the Health and Safety Code shall be entitled to withdraw the plea and move for dismissal of charges if a confirmatory laboratory test finds that there was no controlled substance in the sample. The defendant may request a confirmatory test at any time during the pendency of the case or, subsequent to the entry of the plea, up to a year after the adjudication of the case. If the defendant pleads guilty without an attorney, the court shall advise them of their right to a confirmatory lab test.
(d) For purposes of this section, “colorimetric field drug test” means a field-testing drug kit that consists of color test reagents for the preliminary identification of narcotics in their pure or diluted forms. It does not apply to kits that use thin layer chromatography as the identification procedure nor to kits that identify drugs in body fluids.