The Michigan State Police recently halted the testing of blood for the presence of THC, citing possible false positive results caused by the presence of CBD in samples. Officials have also alerted county prosecutors across the state to the discrepancy, warning them that they shouldn\u2019t rely on the lab\u2019s test results regarding cannabis blood tests as evidence in pending cases, according to Michigan State Police spokeswoman Shanon Banner.<\/p>\n
The pause in laboratory analysis of THC will be in place indefinitely \u201cas we work to learn more and\/or until we can institute another validated method of testing to ensure accuracy,\u201d Banner said in an email to the Associated Press<\/a>.<\/p>\n On August 25, Cheri L. Bruinsma, the executive director of the Prosecuting Attorneys Association of Michigan, sent an email to county prosecutors to inform them of the pause in THC testing at the Michigan State Police\u2019s crime lab.<\/p>\n \u201cWe were alerted by the MSP Crime Lab that there is likely an issue with toxicology screens for blood tests for marijuana results,\u201d Bruinsma wrote in the message quoted by MLive<\/a>. \u201cThey very recently learned that the test is unable to distinguish between THC and CBD. They\u2019re working to understand the issue and scope of the problem. They expect to have additional information in the next few weeks. In the meantime, if you have a case that relies on a THC toxicology screening, you should not rely on that result.\u201d<\/p>\n Michigan voters legalized the medicinal use of marijuana in 2008, followed by the approval of a ballot measure to legalize adult-use cannabis in 2018. While driving under the influence of cannabis remains against the law, unlike many states, Michigan doesn\u2019t have a limit for blood THC concentration. In 2019, a commission on impaired driving that included the head of the Michigan State Police recommended against creating a THC limit<\/a> because of a \u201cpoor correlation\u201d between bodily content and driving impairment. However, prosecutors are still permitted to present such evidence in court, according to defense attorney Mike Nichols.<\/p>\n \u201cSomebody gets pulled over and there\u2019s an accident where someone is hurt or killed,\u201d he said. \u201cIt\u2019s been a bigger deal since we went medical in 2008. I get more and more cases.\u201d<\/p>\n The problem with cannabis blood tests revealed this week isn\u2019t the first time the reliability of the state police\u2019s laboratory when used for marijuana blood testing has been called into question. Travis Copenhaver, a partner at the cannabis law firm Vicente Sederberg\u2019s Michigan office, says that there \u201chave been concerns over the unreliability of MSP crime lab\u2019s THC toxicology screening for several years now.\u201d<\/p>\n \u201cThis seems to be a pattern. In 2015, controversy arose over the testing of synthetic THC, and the fact that their methods have issues differentiating between THC and CBD,\u201d Copenhaver wrote in an email to Cannabis Now. \u201cIt\u2019s my understanding that county prosecutors have started notifying the defense bar and judges advising that the crime lab\u2019s THC toxicology screenings are unreliable. Now that Michigan has recognized the legal use of both THC and CBD, this shot across the bow will help MSP bring its testing capabilities into the modern era.\u201d<\/p>\n Even when the laboratory tests return valid results, Copenhaver agrees with the 2019 commission\u2019s assessment that using THC concentration as evidence of impairment is problematic.<\/p>\n \u201cStudies continue to show that THC levels aren\u2019t an accurate means of measuring intoxication. While it would be great to have testing similar to roadside alcohol testing, the fact of the matter is that THC and alcohol intoxication are very different,\u201d he said. \u201cTHC doesn\u2019t lend itself to the kind of testing models that law enforcement rely on to police alcohol levels. Driving under the influence of THC is still a significant concern, however, [but] not as significant as driving while drunk.\u201d<\/p>\n It\u2019s unknown how many pending cases the lab testing discrepancy will affect. Michael Komorn, an attorney specializing in criminal defense and cannabis law, said that evidence of THC in blood tests is frequently used to prosecute driving offenses, especially in cases where no alcohol was detected. Depending on how long the lab has been experiencing discrepancies in testing, he noted, thousands of past cases that have ended in convictions and perhaps jail time could be called into question. He\u2019d like to see a full investigation of the state police\u2019s crime lab and the THC testing debacle and has called for the creation of an independent lab without connections to the department.<\/p>\n \u201cI think that it\u2019s time to get a new lab,\u201d Komorn said. \u201cBecause the procedures and protocols that are being used here to measure cannabis blood tests , if they\u2019re wrong and unscientific\u2014and they\u2019ve been convicting people wrongly because their tests are wrong\u2014I think a criminal investigation should be opened. I think people should be held accountable.\u201d<\/p>\n The post Michigan State Police Stop Cannabis Blood Tests<\/a> appeared first on Cannabis Now<\/a>.<\/p>\n
The Michigan State Police recently halted the testing of blood for the presence of THC, citing possible false positive results caused by the presence of CBD in samples. Officials have also alerted county prosecutors across the state to the discrepancy, warning them that they shouldn\u2019t rely on the lab\u2019s testContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":381,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[50,16471,90,65,139,16472,179,16473,420,16474],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/57078"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/381"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=57078"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/57078\/revisions"}],"predecessor-version":[{"id":57079,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/57078\/revisions\/57079"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=57078"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=57078"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=57078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}A History of Unreliable Lab Test Results<\/strong><\/h4>\n
Prosecutions for Impaired Driving Called Into Question<\/strong><\/h4>\n
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\nRead More: Michigan State Police Stop Cannabis Blood Tests<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"