Case Study – Key Information:
– The Defendant is charged with Driving a Motor Vehicle with a proportion of a specified controlled drug, namely tetrahydrocannabinol (THC), above its specified limit.
– The defendant was the driver of a motor vehicle caused to stop by police officers.
– It was suspected that the defendant had been driving under the influence of controlled drugs and therefore they were asked to take a roadside drug test.
– It is reported that the defendant gave a positive reading for cannabis-related compound/s. They were subsequently arrested and conveyed to a police station.
– A blood sample was taken and subsequently analysed. It was reported in the associated Streamlined Forensic Report) that the sample contained delta-9-tetrahydrocannabinol (commonly referred to as THC) at a concentration of greater than 10 microgrammes per litre (10µg/l), which exceeds the statutory limit of 2µg/l.
– The expert was provided with details about the defendant’s daily prescribed use of vaporised THC.
– The defendant did not report any other (non-prescribed) cannabis use. They believed that their use of medicinal cannabis is the reason for their failed test result.
Expert Instruction:
Bericon’s expert was requested to prepare a report that assessed the significance of THC being found in the defendant’s blood at a concentration above its statutory limit and whether its presence was partly or wholly because of use of prescribed cannabis (THC containing) products.
Expert Findings:
The key issue in this case is whether the defendant’s reported use of medical cannabis (containing THC) could have given rise to their blood THC reading of greater than 10ug/l. In the expert’s opinion such use could be responsible for this reading or have contributed to it to such an extent that without it, their reading could have been below the limit.
Give the inherent differences in an individual’s reaction to and tolerance of THC, the expert was unable to say whether the defendant would have been aware of any physiological effects of THC use.
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