The Virginia Department of Forensic Science (VDFS) recently released a report regarding its federal funded study to research reliable testing methods for detecting THC in blood.

DFS was originally granted $290,353 in 2020 by the Department of Justice’s National Institute of Justice. “The goal of this research project is to develop and validate an automated sample preparation technique for the quantitative evaluation of an expanded cannabinoid panel (CBD, CBN, THC, THC-A, CBC) in biological matrices…” stated the award description.

More than $1,188,390 million was available in total, and the sum was divided between a total of five projects. “The ever-changing climate of cannabis decriminalization and/or legalization has significantly impacted forensic laboratories and is anticipated to increase the caseload in forensic toxicology,” the description added. “In addition, products claiming to contain other cannabinoids, including cannabidiol and tetrahydrocannabinolic acid, have become widely available.”

Four years later, VDFS has released a 107-page report in February about its findings. The report shows the detailed process of separating THC metabolites, experimenting using different types of blood (bank blood, antemortem blood, postmortem blood, and also urine).

Ultimately, researchers developed a process to identify different cannabinoids. “Within the research project, a method was developed for the quantitative and qualitative evaluation of cannabinoids in biological matrices using supported liquid extraction,” the report stated. “The methodology employed LCMSMS [liquid chromatography with tandem mass spectrometry] with two analytical columns of different stationary phases to enhance the confirmation of cannabinoids.”

LCMSMS was used to help determine the slight differences between cannabinoids. “To enhance the selectivity of LCMSMS, a two-column chromatographic method was developed to enable additional confirmation regarding the identity of a compound,” researchers wrote. “Within the validations, the evaluation of interferences from other cannabinoids was critical in the assessment of the method and its validity.” 

VDFS was also awarded grant funds of $441,886 in 2023 with the intention of developing methods and tools to study other psychedelic compounds. “The detection of psychedelic compounds including psilocybin and N,N-dimethyltryptamine (DMT) poses an analytical challenge in biological specimens due to their rapid metabolism and known structural instability,” the award description stated. “An analytical workflow for the identification and quantitation of these compounds and their main metabolites needs to consider appropriate long term storage conditions and sample preparation parameters to minimize the implications associated with their inherent instability.”

This research effort was also one of five studies chosen to receive a portion $1,928,846, all with the intent of “identification of the most efficient, accurate, reliable, and cost-effective methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.”

The discussions surrounding cannabis testing and how to accurately measure impairment have long been contested. One published in 2022 in Scientific Reports found evidence that neither THC detected in breath or in blood is a reliable way to indicate impairment. “Our findings are consistent with others who have shown that delta-9-THC can be detected in breath up to several days since last use,” researchers wrote. “Because the leading technologies for breath-based testing for recent cannabis use rely solely on the detection of delta-9-THC, this could potentially result in false positive test outcomes due to the presence of delta-9-THC in breath outside of the impairment window.”

President Joe Biden signed an infrastructure bill in November 2021, which included a provision that required the Department of Transportation to complete a report that includes recommendations on providing researchers with cannabis in order to study drivers under the influence of cannabis. That report was supposed to be completed by November 2023, but has not yet been delivered. 

Sen. John Hickenlooper reached out to the National Highway Traffic Safety Administration in November 2022 to receive an update on the report. “Preventing distracted or impaired driving is a key step towards the goal of reducing traffic fatalities and improving roadway safety. In 2021, nearly 43,000 fatalities occurred from motor vehicle crashes, which is among the highest annual totals in decade[s],” Hickenlooper wrote. “While the IIJA includes many laudable provisions to establish performance standards for crash avoidance technologies, evaluate monitoring systems to reduce distracted driving, and issue rules to detect a driver’s impaired status, many ambiguities around defining marijuana-impaired driving underscore the importance of clarifying this policy uncertainty.”

In October 2023, a study conducted by the University of Colorado Anshutz Medical Campus analyzed how to more accurately detect cannabis. “Since THC accumulates and lingers in fat tissue, daily cannabis users may maintain constant elevations of THC in the blood even long after the psychoactive effects abate,” said Michael Kosnett, MD, MPH. “There has been a lot of concern about whether the use of cannabis has been associated with an increased risk of motor vehicle crashes or accidents in the workplace.”

The research team measured whole blood THC and its metabolites, and calculated two blood cannabinoid molar metabolite ratios. Researchers determined a 98% specificity rate when examining if a person had consumed cannabis within 30 minutes.

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A new study published this month adds further evidence that levels of THC detected in the blood or breath of cannabis users is not a reliable indicator of impairment. Researchers also found that levels of THC in blood and breath did not provide reliable evidence of how recently a test subject had used cannabis.

In their introduction to the study, the researchers noted that “finding an objective measure of recent cannabis use that correlates with impairment has proven to be an elusive goal.” Some states have enacted laws that set per se legal limits on the amount of THC a driver may have in their blood, similar to the 0.08% blood alcohol concentration limit in effect nationwide.

Critics of per se limits on THC concentrations in blood or breath have argued that such limits have little bearing on the level of impairment or intoxication, which can vary widely from person to person despite similar levels of THC concentration.

“These findings provide further evidence that single measurements of specific delta-9-THC blood concentrations do not correlate with impairment, and that the use of per se legal limits for delta-9-THC is not scientifically justifiable at the present time,” wrote the authors of the study published by the journal Scientific Reports.

To conduct the study, the researchers recruited a group of test subjects, most of whom were daily cannabis users. The scientists then determined the THC levels in their blood and breath prior to and after inhaling cannabis.

Before inhaling cannabis, most subjects had residual THC levels of 5ng/ml or higher, which exceeds the per se legal limit in several states. The authors noted that THC at such levels was detected despite “the absence of any impairment.” After the test subjects inhaled the cannabis, the researchers noted an inverse relationship between THC blood levels and impairment of performance.

“Our findings are consistent with others who have shown that delta-9-THC can be detected in breath up to several days since last use,” they wrote. “Because the leading technologies for breath-based testing for recent cannabis use rely solely on the detection of delta-9-THC, this could potentially result in false positive test outcomes due to the presence of delta-9-THC in breath outside of the impairment window.”

New Study Backed by Previous Research

The results are consistent with the findings of a study published late last year in the journal Neuroscience & Biobehavioral Review. In that study, researchers affiliated with the University of Sydney analyzed all the available studies on driving performance and THC concentrations in blood and saliva.

“Higher blood THC concentrations were only weakly associated with increased impairment in occasional cannabis users while no significant relationship was detected in regular cannabis users,” wrote lead author Dr. Danielle McCartney of the Lambert Initiative for Cannabinoid Therapeutics. “This suggests that blood and oral fluid THC concentrations are relatively poor indicators of cannabis-THC-induced impairment.”

To conduct the study, the researchers reviewed data from 28 publications that studied the consumption of inhaled or ingested cannabis. They then analyzed the association between THC concentration and driving performance, using measures of driving-related skills such as reaction time and divided attention.

The researchers documented “weak” associations between THC levels and impairment among infrequent cannabis users. But they observed no significant association between blood or saliva THC levels and impairment among regular pot users, defined as those who used cannabis weekly or more often.

“Of course, this does not suggest there is no relationship between THC intoxication and driving impairment,” McCartney said. “It is showing us that using THC concentration in blood and saliva are inconsistent markers for such intoxication.”

The authors noted that the findings in the study call into question the validity of widespread random mobile testing for THC in saliva in Australia and the reliance on THC levels by law enforcement in the United States.

“Our results indicate that unimpaired individuals could mistakenly be identified as cannabis-intoxicated when THC limits are imposed by the law,” said McCartney. “Likewise, drivers who are impaired immediately following cannabis use may not register as such.”

Professor Iain McGregor, the academic director of the Lambert Initiative, a long-term research program studying the medical potential of cannabis, said that “THC concentrations in the body clearly have a very complex relationship with intoxication. The strong and direct relationship between blood-alcohol concentrations and impaired driving encourages people to think that such relationships apply to all drugs, but this is certainly not the case with cannabis.”

“A cannabis-inexperienced person can ingest a large oral dose of THC and be completely unfit to drive yet register extremely low blood and oral fluid THC concentrations,” McGregor added. “On the other hand, an experienced cannabis user might smoke a joint, show very high THC concentrations, but show little if any impairment. We clearly need more reliable ways of identifying cannabis-impairment on the roads and the workplace.”

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