Michigan State Police do not test for THC in blood samples after realizing there were problems with testing, reported The Associated Press.
Prosecutors are informed that the new measures will be in place “while we work to learn more and/or until we can implement another validated testing method to ensure accuracy,” according to Shanon bannera director of public affairs with the Michigan State Police.
What happened
Turns out there was “Discrepancy” in lab results: The presence of CBD may have led to positive results for THC, a cannabis compound that causes impairment (the “high” feeling).
CBD, another naturally occurring compound in cannabis, does not cause a high and is often marketed as a dietary supplement. It is legal under federal law with certain restrictions, but can be found in creams and various personal care products.
Why it matters
The Great Lakes States legalized recreational marijuana in 2018, about 10 years after it allowed medical use. Driving under the influence of cannabis is illegal in the state. Despite this, the state has not set an allowable limit. In 2019, a commission recommended against it, based on a “poor correlation” between body content and driving disability.
“Someone is pulled over and an accident occurs, in which someone is injured or killed.” Mike Nicholas, a defense attorney, said the AP. “Ever since we got medical treatment in 2008, it’s been a bigger deal. I keep getting more cases.”
What’s next
Nicholas blames the Michigan State Police crime lab’s poor equipment.
“There is a more sensitive method, but these instruments cost a lot more,” he said
Banner said they are trying to resolve the issue.
“We are actively working to determine the scope, but likely won’t have additional information until next week,” concluded Banner.
Photo: Benzinga Edit; Sources: H_Ko and ALDECA Studio from Shutterstock
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