(WXYZ) — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.
THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.
In a letter sent to prosecutors across the state today, MSP Forensic Science Division Director Jeffrey Nye said approximately 3,250 THC cases since March 28, 2019 could be impacted. The cases identified have an “alleged violation [that] is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication or recent use of marihuana to otherwise support the charged offense.”
According to Nye’s letter, the identified 3,250 cases “did not have other drugs within the scope of analysis and/or alcohol detected above the 0.08% legal threshold.
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.
From Michigan.gov
Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD
August 31, 2022
Statement by Col. Joe Gasper, Director
The Michigan State Police Forensic Science Division (MSP/FSD) is committed to providing the highest standard of forensic services to the criminal justice community. The MSP/FSD is accredited in toxicology and analyzes approximately 20,000 samples annually for the presence of alcohol and/or drugs pursuant to a forensic examination request. The men and women who work in the MSP/FSD strive to provide laboratory testing services that are timely, transparent, and scientifically accurate.
The MSP/FSD has halted all THC toxicology testing due to a technical issue in which samples containing Cannabidiol, commonly known as CBD, may be converted to Tetrahydrocannabinol, commonly known as THC, during the testing process, leading to potentially inaccurate test results.
CBD, which is structurally similar to THC, was illegal in Michigan until March 28, 2019. Since that date, however, CBD, which is reported to have no psychoactive properties, has been legal under Michigan law.
When the issue first came to our attention on August 19, 2022, the MSP/FSD immediately launched a significant evaluation of our testing process. The evaluation found the laboratory confirmatory method in use may cause 1) THC to be identified when the sample contains THC, 2) THC to be identified when the sample contains a combination of THC and CBD, or 3) THC to be identified when the sample contains CBD alone.
Upon this discovery, the MSP/FSD immediately halted the processing of samples using the current THC confirmation test. Notification was also made to the Prosecuting Attorneys Association of Michigan on August 25, 2022, for dissemination to prosecutors statewide to prevent these reports from being used in any current or pending court cases.
After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense.
Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted. These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood alcohol content legal threshold. These individual cases are being identified and will be shared with the prosecuting attorney of record for further investigation as to any potential impact to the individual involved.
In addition to temporarily halting testing of THC samples and disclosing the issue to prosecutors, the MSP/FSD has taken the following action steps:
Reported the issue to our accrediting body, ANSI National Accreditation Board (ANAB), and requested they conduct an independent review.
Temporarily halted the disposal of blood samples to preserve this evidence should re-analysis be required.
Started validating a new cannabinoid confirmatory method that will be able to distinguish CBD from THC. This method will be validated before being put into use to ensure similar issues with drug interference will not happen in the future.
Started the process to establish a contract with a private, accredited laboratory for processing THC samples in the interim before the new method is validated.
The MSP/FSD remains committed to providing the highest standard of forensic services to the criminal justice community. We have demonstrated this commitment through accreditation to ISO/IEC 17025 International Standards and voluntarily incorporating forensic standards from the National Institute of Standards and Technology (NIST) Organization of Scientific Area Committees (OSAC) into our laboratory management system, among other efforts. The MSP/FSD continues to strive to be timely, transparent and ethical in our response to this emerging technical issue.
Letter To “Criminal Justice” Partners
Michigan-State-Police-Letter Release – Page 2
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
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.
Michigan State Police Toxicology Unit Supervisor, Geoffrey French, has confirmed that his department’s method for testing THC levels in blood samples is unreliable. French also disclosed that MSP’s Forensic Science Division has been using their faulty THC testing process for over 20 years. Below is an excerpt of an interview this author conducted with French on August 25, 2022:
Eric VanDussen: I was wondering if you could give me any information on […] the MSP Crime Lab not being able to distinguish between THC and CBD in their, in your lab tests?
Geoff French: Yes, sir. I, I’m aware of the situation.
Eric VanDussen: Okay. And is there a memo that I could get from you regarding, that […]?
Geoff French: No, sir. There has been only verbal communication to the Prosecuting Attorneys Association of Michigan that went out this morning. The Forensic Science Division is planning on having a formal written memorandum that will also be sent to the Prosecuting Attorneys Association of Michigan, but that has not been approved through proper channels at Michigan State Police at this particular point in time. And it’s not something that I’m involved in the authoring of.
Eric VanDussen: Okay. So, the legal department, basically, is fly-specking that before it gets distributed?
Geoff French: Yeah, I would say so. Yes, sir. It probably might… I mean, my guess is that it probably will go all the way up to the colonel’s office for approval before that becomes disseminated.
Eric VanDussen: Okay. Do you know how long this problem has been going on?
Geoff French: I do- well, it’s, it’s, it’s quite some time. And we’ve been using the same procedures for many, many years.
Eric VanDussen: So this could have implications on prior convictions, as well as pending cases?
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.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
To declare the existence of an emergency with respect to the need to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to allow individuals 21 years of age and older to self-certify that they are utilizing marijuana for medical purposes.
D.C. Council Votes To Let Medical Marijuana Patients Self-Certify Without Doctors, In Workaround To Federal Block On Recreational Sales
The Washington, D.C. Council unanimously approved emergency legislation on Tuesday that will effectively create a recreational marijuana market by allowing people to self-certify themselves as medical cannabis patients and access dispensaries—without needing to get a recommendation from a doctor.
Safety risks for quality and quantity control exist in the gray market the legislation noted, because products aren’t subject to control standards as in the existing medical cannabis program.
Additional Information: marijuana and retail marijuana-infused products. It establishes what actions involving marijuana shall
January 8, 2019 : Introduced by Councilmembers Grosso, R. White, Nadeau, and Bonds
Need more Washington DC marijuana law information? Go here
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
LANSING – One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments will spend the first part of his sentence behind bars, Michigan Attorney General Dana Nessel announced today.
The instrument, DataMaster DMT (DataMaster Transportable), is more commonly referred to as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.
In 2020, Nessel filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police led to the criminal cases. Specifically, the investigation found the defendants, who worked as technicians, created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance.
two counts, forgery of a public record, a 14-year felony charge;
two counts, uttering and publishing, a 14-year felony charge; and
two counts, use of a computer to commit a crime, a 10-year felony charge.
Thursday afternoon, Judge Janice Cunningham sentenced Clark to serve 36 months’ probation with the first nine months served in the Eaton County Jail.
“Our public integrity team continues to demonstrate the great importance of pursuing bad actors who subvert the criminal justice system and threaten the integrity of our judicial process,” Nessel said. “We must show that those who undermine the public trust risk jail time in doing so.”
If your life was affected by this travesty of trust – Contact our office.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Troy Boquette, the general manager of Freddie’s Joint, a marijuana shop in Clio, arrived to work Friday, April 15, to learn the THC-infused blue-raspberry gummies his store bought the day prior were placed on hold by the state licensing agency.
By noon, other flavors were added to the list. The gummies came from a licensed marijuana processor named Sky Labs in Mount Morris, a company that specializes in making edibles. As he was speaking to an MLive reporter, Boquette noticed additional vaping products sold under a brand sometimes produced by Sky Labs, had also been placed on hold by the Cannabis Regulatory Agency, formerly the Marijuana Regulatory Agency, renamed by executive order this week.
“This is not something that we would even be able to comment on,” Cannabis Regulators Agency (CRA) spokesman David Harns said when contacted by phone Friday. “We can’t acknowledge or confirm an investigation” is underway. “I can’t discuss this topic with you.”
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
