The University of Illinois Chicago Analytical Forensic Testing Laboratory has stopped testing for cannabis in law enforcement cases after the lab was accused of providing flawed test results in cases of driving-under the influence of cannabis. After a months-long investigation, the ABC7 I-Team reported this week that some test results from the UIC lab used by prosecutors have been deemed unreliable and could be inaccurate and, as such, could change the outcome of hundreds of cannabis-impaired driving convictions in Illinois.

According to ABC7 I-Team’s report, the lab’s blood tests have been accused of producing inaccurate THC levels, which are critical in determining cannabis impairment for driving cases and could potentially overturn cases and free convicted individuals. The lab’s credibility issues stem from its failure to properly distinguish Delta-9 THC from other similar compounds, such as Delta-8 THC. Experts suggest the lab did not adhere to scientific standards, with allegations of systemic oversight failures.

The I-Team reported that documents indicate the lab identified these issues as early as 2021 but delayed notifying prosecutors and law enforcement until May 2023. Approximately 1,600 DUI convictions involving cannabis are now under review because of the potential inaccuracies, which could lead to appeals, overturned convictions, and release of individuals from prison.

One specific case involves Corey Lee, who was convicted in 2022 of aggravated DUI/cannabis resulting in the death of 52-year-old Pedro Pasillas-Sanchez and 22-year-old Pedro Pasillas-Delgado. Lee admits having used cannabis in the past but has consistently insisted that he did not use cannabis before getting behind the wheel that day. In a bench trial in Boone County, a judge relied on the blood test results that showed Lee’s level of Delta 9-THC at 6.5 nanograms. The Illinois Vehicle Code limit is five, stating, “Tetrahydrocannabinol concentration means either 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood.”

Lee’s defense attorney, Don Ramsell, is now challenging the conviction, which was based on a test done by the UIC lab. A Boone County court filing claims the analysis of blood tests was somehow flawed, resulting in inaccurate THC numbers, and was unable to distinguish delta-9 THC from other commonly encountered THC isomers, such as delta-8. It also accuses the lab of covering up the flaws since 2021. Emails and internal communications obtained by the I-Team revealed the lab acknowledged testing problems last March and waited until May to alert police departments and prosecutors of possible flawed results.

“The University of Illinois Chicago lab has been providing misleading testimony in court, and as a result of that, their accrediting agency decided to audit the lab and then began to find a series of, they call them, nonconformance or failure to follow scientific standards, which has now put about 1,600 cannabis DUI cases that they tested in jeopardy,” Ramsell told I-Team.

The University of Illinois Chicago released this statement, “The University of Illinois Chicago is aware of concerns raised regarding the testing of certain biological samples previously conducted at one of its laboratories. The university is conducting an investigation to examine the matter thoroughly. As this is an ongoing process, we are unable to provide additional details at this time. UIC remains committed to upholding the highest standards of laboratory research integrity and compliance and to ensuring the well-being of the communities we serve.”

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