Dupage Policy Journal

The State's Attorney Robert Berlin has announced the dismissal of charges in 19 cases due to issues with THC testing conducted by the UIC Analytical Forensic Testing Laboratory. This decision follows a comprehensive review of numerous cases prosecuted by his office. The affected cases include two felonies and seventeen misdemeanors, where incorrect detection and quantification of THC were identified.

Berlin explained that one felony case involved dismissing an Aggravated DUI count, although other charges remain pending due to an active arrest warrant for the defendant on related offenses. Another misdemeanor charge was linked to testing done by the Illinois State Police Crime Lab during a period when they were updating their THC testing protocols. None of the dismissed DUI counts resulted in sentences within the Illinois Department of Corrections.

In May 2024, Albert Karl Larsen, Laboratory Director at UIC Analytical Forensic Testing Laboratory, informed Berlin's office about potential inaccuracies in their methodologies for detecting and quantifying delta-8-THC and delta-9-THC isomers. The lab's methods may not have effectively separated these isomers, potentially leading to combined detection values if both were present.

Berlin emphasized that accurate analysis and reliable results are crucial for successful prosecutions. With doubts raised about test validity, he stated it would be unethical to continue prosecuting these specific cases. He stressed that maintaining integrity in prosecutions is essential for a properly functioning justice system.

He expressed gratitude towards his staff, particularly Criminal Bureau Chief Nancy Donahoe, as well as DuPage County Public Defender Jeff York and his team for their cooperation throughout this process.