DuPage County State’s Attorney Robert Berlin on Friday said he decided to drop charges in 19 cases involving individuals who allegedly drove under the influence of marijuana, citing incorrect measurement and detection of THC levels.
Two felony and 17 misdemeanor cases were “affected by the incorrect detection and quantification of THC testing conducted by UIC Analytical Forensic Testing Laboratory,” Berlin said in a news release.
The state’s attorney said, in April, his office received information from the University of Illinois Chicago Analytical Forensic Testing Laboratory’s director, which revealed methods used for the detection and measurement of the delta-8-THC isomer and the delta-9-THC isomer may not have effectively separated the two isomers.
The counts dismissed in all these cases were DUI counts, none of which resulted in a sentence in the Illinois Department of Corrections, according to Berlin.
“…The successful prosecution of the cases dismissed today relied upon accurate analysis of submitted samples and reliable results,” he stated, in part. “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…”
One case involving testing carried out at the Illinois State Police Crime Lab, which at the time was changing its protocols regarding testing for THC, the state’s attorney said.
NBC Chicago reached out to the UIC Analytical Forensic Testing Laboratory for comment Friday, but has yet to receive a response.
