Criminal Justice (Drug Policy)

HB 682 allows North Carolina to override federal restrictions that block food and cash assistance (TANF) for people convicted of certain drug-related felonies. It directly affects individuals with Class H or I controlled substance felony convictions who complete substance abuse treatment (while incarcerated or in the community) and avoid new drug offenses for six months. The bill requires counties to offer food and cash benefits to eligible individuals who meet these conditions, making treatment participation a requirement for accessing aid. This change aims to support successful reintegration by removing a barrier to basic needs assistance for this group.

HB 868 requires North Carolina law enforcement to use confirmatory lab tests before relying on field drug tests for arrests or convictions related to drug possession. It mandates that colorimetric field drug tests alone cannot establish probable cause for arrest, initiate charges, lead to conviction, or influence sentencing after January 1, 2026. Law enforcement must adopt policies ensuring cases without a lab-confirmed result lead to release (via citation or written promise to appear) rather than continued detention. The bill directly affects all North Carolina law enforcement agencies and prosecutors handling drug possession cases under G.S. 90-95(a)(3), requiring them to implement these changes by 2026.

HB 437 establishes "Drug-Free Homeless Service Zones" within 300 feet of facilities that provide homeless services (like shelters or transitional housing) using public funds. It increases penalties for drug offenses committed in these zones: individuals 21+ face Class E felony charges, while facility operators allowing such offenses face Class 1 misdemeanor charges. Facilities must display visible signs identifying the zone, and the law applies to offenses committed on or after December 1, 2025. The bill directly affects homeless service providers, their operators, and individuals committing drug offenses in designated zones.