Denmark prosecutors launch review of cannabis convictions after court ruling on THC levels

A recent ruling by the Western Regional Court has prompted an extensive review by the prosecution service in Denmark. On March 9 of last year, the court ruled in a case involving illegal THC, discovered in cannabis oils and candies belonging to a then 44-year-old man. The court dismissed the chemical analysis presented as evidence, as the method used transformed the legal substance THC-A into the illegal THC, making it impossible to ascertain the actual THC content in the seized products.

The ruling has raised questions about the testing methods employed. Gas chromatography, which heats the product to several hundred degrees, converts THC-A to THC, indicating total THC levels rather than differentiating between forms. In contrast, liquid chromatography can separate the psychoactive THC from the legal THC-A, which is non-psychoactive until heated.

The Chief Prosecutor has since initiated a comprehensive review of cases dating back to 2018, where chemical analyses were utilized in criminal proceedings for cannabis-related items. It remains unclear how many cases will be re-examined. Records indicate that since 2018, Danish forensic institutions have provided analyses for cannabis in 650 police cases without distinguishing between THC and THC-A.

Concerns have been echoed by defense attorney groups, who argue that convictions based on flawed measurement techniques have put innocent individuals at risk. Lawmakers at Christiansborg have also expressed alarm, with some suggesting that numerous individuals may be eligible for compensation due to wrongful convictions.

The Chief Prosecutor emphasized the importance of ensuring that no innocent person faces punishment, pledging to address the issue and review past cases where chemical analysis may have led to erroneous convictions. Justice Minister Peter Hummelgaard has acknowledged the seriousness of the situation and is awaiting further insights into the case’s progression, with a complete overview expected by early 2025.