Flawed cannabis tests results in dismissal of 19 cannabis DUIs
After a months-long investigation, the ABC7 I-Team reported in December that some test results from the University of Illinois at Chicago’s Analytical Forensic Testing Laboratory (AFTL) used by prosecutors had been deemed unreliable and could be inaccurate. Friday, the DuPage County state’s attorney’s office announced, because of faulty blood testing methods, it was dismissing charges in 19 cases involving defendants accused of driving under the influence of cannabis.
According to the I-Team, the UIC AFTL has been accused of providing flawed test results to prosecutors in more than 1,000 cases across the state, many of them resulting in motorists convicted and sentenced to jail. DuPage County State’s Attorney Bob Berlin said he was dismissing the charges in these cases that relied upon accurate analysis of submitted samples and results. 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.
“With the validity of the test results called into question, I could not, legally, ethically and in good conscience, continue the prosecution of these select cases,” Berlin said in a written statement to the I-Team. Berlin continued, “For our justice system to function properly, the integrity of prosecutions must remain, above all else, intact and beyond reproach.”
The University of Illinois Chicago Analytical Forensic Testing Laboratory has stopped testing for cannabis in law enforcement cases after the I-Team reported that Metro Chicago attorneys had accused the UIC AFTL of providing flawed test results to prosecutors in marijuana DUI cases that included inaccurate THC numbers, and testing results that were unable to distinguish Delta-9 THC from other commonly encountered THC isomers such as Delta-8. The I-Team previously reported that the lab has also been accused in court filings of covering up the flaws since 2021. In DuPage County, the state’s attorney said charges tied to the THC testing results were dismissed in two felony and 17 misdemeanor cases. Other charges in those cases that didn’t rely on the THC testing were not dropped, according to the state’s attorney’s office.
Previously, the UIC told the I-Team in a written statement that it had launched an internal investigation into “concerns raised regarding the testing of certain biological samples previously conducted at one of its laboratories.” The University of Illinois Chicago previously 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.”
Approximately 1,600 DUI convictions involving cannabis are now under review because of the potential inaccuracies, which could lead to more 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.”
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