LANSING – The Michigan State Police 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, an MSP spokesperson said Friday.

“Out of an abundance of caution, the MSP/FSD today (Aug. 26) 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. When information is known about the scope and impact to cases, it will be shared with our criminal justice partners,” said Shanon Banner, Manager, Public Affairs Section at the Michigan State Police.

The blood testing halt came after freelance reporter Eric VanDussen posted an interview he had with MSP Toxicology Unit Supervisor, Geoffrey French, in which French confirmed that his department’s testing for THC levels in blood samples is unreliable. French, in that interview, also disclosed that MSP’s Forensic Science Division has been using their faulty THC testing process for more than 20 years.

“So this could have implications on prior convictions, as well as pending cases?” VanDussen asked?

“It is possible. Yes, sir,” French responded.

VanDussen asked: “How was it that MSP came to the conclusion that they can’t differentiate between THC and CBD after using this method for 20 years?”

French responded: “It’s a part of our procedure that worked perfectly fine for analysis for THC and carboxy THC. But unbeknownst to us, there’s an issue if there may also be CBD and carboxy CBD in that blood sample. And we were unaware that some substances may also, be essentially looking like THC and carboxy THC.”

THC is the psycho active ingredient in cannabis that produces the “high.” CBD is the non THC element of the cannabis plant that is used for medicinal purposes and is perfectly legal.

Cannabis Counsel Principal Thomas Lavigne said it’s not only possible the false positive discovery will overturn convictions and dismiss others, it’s highly likely.

“Going back over 20-years, false positives for THC from the Michigan State Police Toxicology Lab, resulted in false convictions, because juries and judges were misled with fake scientific testimony based on defective lab tests,” Lavigne said.

French said the faulty blood test issue came to light on Monday. VanDussen followed up by asking if other state crime labs and the FBI use the same testing procedure?

“Well, the problem is specific to the reagents that we’re using,” French said. “That’s what, that’s where, that’s wherein lies the problem. The extraction and the instrumentation are perfectly fine. It’s just a particular reagent or pair or reagents that we’re using that, causes the issue, essentially. As far as other labs, you know, historically, yes, this probably was a fairly common procedure as far as using that particular derivative or these types of reagents. But a lot of labs have moved on to other technologies. So it probably is a moot point for the testing protocols for many laboratories. And hopefully, it will be very shortly for us as well.”

VanDussen said he works for criminal defense attorneys that have had clients convicted of moving violations causing death. He speculated the faulty blood tests could open the door for people to try and reverse their convictions based upon this new information.

French responded: “Sure. Oh, there’s no question there’s going to be, yeah, CBD defense. I guess we’ll call it.”