By Gus Burns | fburns@mlive.com
The Michigan State Police Crime lab on Thursday, Aug. 25, notified prosecutors across the state that there’s a problem with marijuana testing in blood.
“The MSP Forensic Science Division is examining a discrepancy discovered earlier this week in THC blood testing results in which the presence of CBD in a blood sample may have led to a positive result for THC,” MSP spokesperson Shanon Banner said in an email sent to MLive Friday. “Out of an abundance of caution (MSP) today notified the Prosecuting Attorney’s Association of Michigan that we are immediately halting the processing of all THC blood samples as we work to learn more and/or until we can institute another validated method of testing to ensure accuracy.”
The toxicology test confuses CBD, which does not induce a high, with THC, the psychoactive compound in marijuana, according to a verbal notice provided to the Prosecuting Attorneys Association of Michigan (PAAM), President and Eaton County Prosecutor Doug Lloyd said.
CBD is not a controlled substance.
Michael Komorn, a Farmington Hills-based attorney who also specializes in marijuana law and criminal defense, said the issue could call into questions thousands of convictions across the state, depending on how long the problem has continued.
He’s calling for a full independent investigation into the state police crime lab and the creation of a lab that operates independently from the police force.
Komorn said blood test findings for marijuana are frequently used as a basis to prosecute driving offenses, especially when alcohol isn’t detected, including crashes that result in serious injury or death.
“I think that it’s time to get a new lab,” Komorn said. “Because the procedures and protocols that are being used here, if they’re wrong and unscientific and they’ve been convicting people wrongly because their tests are wrong, I think a criminal investigation should be opened. I think people should be held accountable.”
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michal Komorn.
Just a few more lab scandals here
- Emails spell out alleged scandal in state crime lab testing, falsely reporting marijuana Fox-17
- Lab Scandal Results
- High Times: Michigan State Police Lab Falsely Reports to Help Prosecutors Get Felony Convictions
- Michigan State Police Impaired Driver Report The results cannot be used as evidence in determining if the driver was impaired
- Drug Lab Scandal Could Turn Over 23,000 Convictions
- Drug Lab Scandal Results in Convictions Dropped
- Crime lab scandal rocked San Francisco district attorney
- Massachusetts settles for $14 million with 31,000 criminal
- National Results
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LEGAL ADVISORY – Rules, Regulations and laws may have changed after this information was posted. It is up to the reader to research and determine the current status of those items. It is always best to consult an attorney that has experience and is focused on the cannabis industry. One of the most well known law firms in the industry for over 25 years is Komorn Law
