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CHICAGO (WLS) — The Illinois Forensic Science Commission is addressing a drug testing controversy at the University of Illinois-Chicago, initially exposed by the ABC7 I-Team.
Numerous marijuana DUI cases in Illinois hinged on blood and urine test results that are now suspected to be inaccurate.
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On Tuesday, the commission delivered strong remarks and recommendations regarding a report authored by an attorney and released last May by the university. The commission criticized the UIC report, stating it falls short in addressing the claims of flawed testing in criminal cases.
The commission further noted that the UIC report reveals a significant misunderstanding of forensic toxicology. They asserted that it should not be regarded as a reliable document for criminal justice professionals to assess the reliability or accuracy of forensic testing.
To investigate and compile an independent report on the alleged testing inaccuracies related to THC measurement, UIC engaged the law firm Taft Stettinius & Hollister LLP.
At issue are results that were unable to distinguish Delta-9 THC from other commonly encountered THC isomers such as Delta-8 and testing urite for THC levels. The lab had notified police departments and prosecutor’s offices in Illinois that there may have been problems with some results.
SEE ALSO | New fallout for UIC lab accused of providing flawed results in DUI cases
Criminal defense attorneys, who represents clients charged with cannabis DUI, told the I-Team that the UIC report is just a corporate whitewash.
That report said errors were made but may not have impacted all tests. The report concludes UIC’s Analytical Forensic Testing Laboratory methods should have “been modified” to distinguish between two related forms of THC. However, it goes on to say, “Nevertheless, the reliability of those test results may be confirmed on a case-by-case basis.”
Following reporting from the ABC7 I-Team, the DuPage County state’s attorney announced the dismissal of more than a dozen cases involving the faulty tests. Other county prosecutors and police departments in the metro Chicago area are now reviewing cases, including in Cook County.
The head of the state commission said it has been actively working on examining issues related to the UIC lab, the Analytic Forensic Testing Laboratory, or AFTL.
“Step one that the Commission decided to take in response to what happened at AFL, because that report is out there, and that is in the public, and the Commission felt it was very important that they respond to that information that is out there. After they do that response, then they will move forward with their next steps,” the commission’s head said.
Among the things the commission is recommending is UIC initiate a comprehensive audit of AFTL’s forensic toxicology lab operations to be conducted “posthaste,” a report of the findings be made public, and that the audit is made by an independent agency with forensic science expertise.
The lab ceased human testing in February 2024. UIC did not immediately respond to a request for comment.
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