Case Study – Absence of THC
Bericon Forensics
Providing first class forensic science consultancy to the legal profession for over 40 years
Expert Report on Scientific Findings and Impairment Assessment in Driving Under the Influence of Drugs Case
Prepared by: Bericon Forensics
Introduction:
Bericon Forensics was tasked with preparing a report to address the scientific findings in a case involving a Defendant who was charged with Driving whilst Unfit through Drugs.
The objective of this report was to provide an expert analysis of the forensic evidence, specifically the urine sample analysis, and offer comments on their significance, particularly in relation to the possible impairment of the Defendant.
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Methodology:
Review of the case materials, including police reports, statements, and any relevant documentation.
Examination of the forensic analysis report on the urine sample obtained from the Defendant.
Assessment of the scientific findings and their implications on the Defendant’s impairment level.
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Scientific Findings:
Based on the forensic analysis conducted on the urine sample provided by the Defendant, it was concluded that the sample contained an undisclosed concentration of carboxy-THC, indicating prior use of cannabis. However, the pharmacologically active compound THC was not detected in the sample.
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Impairment Assessment:
The absence of THC in the urine sample raises doubts about the Defendant’s impairment level at the time of the road traffic accident. THC is the psychoactive component of cannabis and is responsible for the impairing effects associated with its use. The presence of carboxy-THC alone does not provide information about the Defendant’s recent use or the quantity consumed. Carboxy-THC is a metabolite that can remain in the body for an extended period, even after the psychoactive effects of cannabis have subsided.
Additionally, the Crown was not able to provide direct scientific evidence to support impairment, nor was it able to establish a link between the Defendant’s drug use and impairment during the incident.
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Conclusion:
Based on the scientific findings and the absence of THC in the urine sample, it cannot be determined with certainty that the Defendant was impaired at the time of the road traffic accident. The presence of carboxy-THC merely suggests prior cannabis use but does not provide information about recent consumption or impairment levels.
Considering the lack of direct scientific evidence supporting impairment and the absence of the active compound THC in the sample, the Defendant was found Not Guilty. It is important to note that this report is based solely on the scientific findings and does not constitute legal advice. The final determination of the Defendant’s guilt or innocence rests with the legal authorities handling the case.
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Disclaimer: This report is based solely on the scientific findings and does not constitute legal advice. The final determination of the Defendant’s guilt or innocence rests with the legal authorities handling the case.
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Drug and alcohol trainer at NHS
1 年Further to this post please see: “Driving Performance and Cannabis Users’ Perception of Safety A Randomized Clinical Trial” Thomas D. Marcotte, PhD1; Anya Umlauf, MS1; David J. Grelotti, MD1; et al Published in Jama, Jan 26, 2022 This study concluded that up to 50% of drivers that tested positive for cannabis showed no impairment. Drug driving legislation needs much more scrutiny.
Senior Practice lead - The Centre for Justice Innovation - Senior Drug & Alcohol Public Health Strategist - Awareness, Education Consultant, Accredited Addiction Professional. Charity Trustee.
1 年This is very useful, thank you for sharing..
Independent Drug Expert I Trainer in Drugs & Court Skills I APCDLO & EWI Training & Events Committees. Co-founder of the Independent Drug Expert Alliance (IDEA) I North Wales Police CDLO
1 年Interesting reading Alan. Does the presence of carboxy-THC suggest that whatever cannabis product was consumed was not heated, to eliminate the carboxylic acid (or decarboxylated) or am I completely barking up the wrong tree with my limited schoolboy scientific understanding? ???? ????