Open consultation

Regulation of drug testing devices

Published 24 July 2026

Background

The use of hand-held or rapid drug testing kits or devices (DTDs) by police forces has been enabled by the Home Office Circular (HOC) (015/2012 and related circulars 013/2014 and 005/2017), associated type-approved kits and the Evidential Drug Identification Testing (EDIT) process for many years. Significant changes have occurred since their introduction, including:

• advances in drug testing technology
• changes in the illicit drug market, including fentanyls and nitazenes
• organisational changes within the Home Office resulting in loss of central quality assurance, kit approval and training arrangements
• introduction of the statutory Forensic Science Regulator and code of practice under the Forensic Science Regulator Act 2021; testing under the HOC and EDIT were initially excluded from the code
• operational demands and regional disparities in how police forces apply rapid drug testing

The regulatory landscape has not evolved with these changes which has resulted in a perceived risk in the undertaking of this testing. The regulator subsequently established a working group to provide recommendations as to how these risks can be managed under the code of practice.

What is proposed

The use of rapid drug testing devices will become a new Forensic Science Activity (FSA) within Version 3 of the Forensic Science Regulator’s code of practice. Organisations carrying out this testing will be required to comply with the code and declare compliance (or non-compliance) in reports going into the Criminal Justice System.

Four new documents will form the new FSA ‘DTN 106 – The Use of a Drug Testing Device for the Identification of Controlled Drugs’:

• Forensic science activity (example section 68) – scope, sub-activities and exclusions
• Technical specification (example section 69) – scientific standards that devices must meet to be used for this testing
• FSA-specific requirements (example section 70) – step-by-step procedures for conducting the activity
• Training and competence requirements (example section 71) – requirements for training and competency

Scope

The new FSA covers rapid drug testing and utilisation of results in the context of:

• possession-only cases
• remand decisions
• intelligence purposes

Any drug testing outside these categories would then fall under activity DTN 103 (for example possession with intent to supply and greater offence cases). Therefore, the proposal will ensure that all drug testing used for criminal justice purposes is brought within the Forensic Science Regulator’s remit and code of practice.

Device approval

Only devices that meet the new technical specification (example section 69) can be used for the activity in compliance with the code. A centralised validation process is proposed to assess and approve devices; the regulator is working with stakeholders across government and policing to coordinate this testing. The specification is technology-neutral and could include any device provided it meets the required standards.

Governance and competency

Detailed step-by-step procedures in the FSA-specific requirements (example section 70) will support consistent and reliable use of DTDs across all forensic units. A robust training programme will need to be implemented across all forensic units undertaking this activity that evidences adherence to the training and competency requirements (example section 71).

Overall aim

To provide a proportionate, long-term regulatory framework that allows continued use of rapid drug testing while improving quality assurance, consistency and public confidence.

How to respond to the consultation

You can respond using the link to survey.

If you have any queries regarding the survey or consultation, email us at FSREnquiries@forensicscienceregulator.gov.uk.