DRUG POLICY 101 HISTORY OF THE LEGALIZATION MOVEMENT WHAT S HAPPENING IN COLORADO THE LEGALIZATION OF MARIJUANA IN COLORADO: THE IMPACT

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1 DRUG POLICY 101 HISTORY OF THE LEGALIZATION MOVEMENT WHAT S HAPPENING IN COLORADO THE LEGALIZATION OF MARIJUANA IN COLORADO: THE IMPACT Thomas J. Gorman, Director Rocky Mountain High Intensity Drug Trafficking Area

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4 The War on Drugs Has Been a Failure Question: Why do you and/or others feel our drug policy has been a failure?

5 What is the purpose of drug policy? Isn t drug use a victimless crime?

6 Purpose of Drug Policy Limit the number of people using drugs Victimless Crime? Four classes of victim: 1. User 2. Family/Friends 3. Victim of Crime 4. Taxpayers

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8 What are the factors that affect the rate of drug use?

9 Factors Affecting Rate of Drug Use Four primary factors: 1. Price 2. Availability 3. Perception of Risk 4. Public Attitude

10 Alcohol Prohibition Didn t Work Legalization Experiments in Other Countries Drug Laws: Impact on Use and Availability?

11 Marijuana is Safe No, it s more harmful than most think Intoxication Physical and health effects Addiction Psychological or mental health impact Brain development and deterioration Impaired driving Impact specifically on youth Employment issues

12 Drug Laws Invade Privacy and Freedom Marijuana Arrests and Prison Drug Laws are Racist

13 Mexican Cartels and Profits Tax Revenue from Legalization Federal vs. State Law

14 Drug War a Failure Question What would it take for you to consider our drug policy successful?

15 Alcohol and Tobacco Heroin, Meth, Crack, Hallucinogens, Cocaine, Tranquilizers, Pain Relievers and Marijuana

16 2013 National Survey on Drug Use Americans age 12 and older (past month): 9% used any illegal drug 26% used tobacco 52% used alcohol

17 91% of Americans do NOT use illegal drugs Source: 2013 National Survey on Drug Use

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19 The Beginning 1960 s and 1970 s: Beginning of Organized Movement National Organization for Reform of Marijuana Laws (NORML) Drug Policy Alliance Criminal Justice Policy Foundation Alliance for Cannabis Therapeutics Cannabis Corporation of America

20 Strategy The key is medical access. Because once you have hundreds of thousands of people using marijuana under medical supervision, the whole scam is going to be brought up then we ll get medical, then we ll get full legalization. Richard Cowan Former Director of NORML

21 Strategy Use the issue of medicinal marijuana as a red herring to give marijuana a good name. R. Keith Stroup, J.D. NORML Legal Counsel Emory Wheel, 1979

22 Strategy Never take an open legalization position. Change the image and build credibility. After you do this, you can say whatever you want and people will believe you. Media Strategies Workshop Drug Policy Foundation, 11/1992

23 Strategy Take the moral ground from conservatives and start appealing to people s hearts. Drug Policy Foundation Daily Dispatch, 11/18/1994

24 Medical Marijuana Legalization 1996: California Compassionate Use Act (cancer, AIDS and glaucoma) In California, marijuana has also been de facto legalized under the guise of medical marijuana Allen St. Pierre Executive Director NORML and NORML Foundation

25 Medical Marijuana Legalization 2000: Colorado Constitutional Amendment 20: Medical Use of Marijuana (cancer, glaucoma and AIDS) and chronic or debilitating disease or medical condition When we passed the [medical marijuana] law we passed a great, great law There are so many holes in it that for us, the patients, police can t do anything. He admitted to providing marijuana to hundreds who were sick. He didn t have a medical condition and just wanted to get high. Ken Gorman, Advocate and Provider 7/12/46 2/17/07

26 Medical Marijuana Legalization 2009: U.S. Attorney General: California medical marijuana dispensary raids discontinued (February) Colorado Department of Health fails to reinstate 5:1 caregiver ratio (July) Memo from U.S. Deputy Attorney General Ogden regarding federal investigations and prosecutions in medical marijuana states (October) Approximately 4,000 41,000 medical marijuana cardholders and over 250 dispensaries

27 Medical Marijuana Legalization 2010: HR1284 passed in Colorado legislature Legalized medical marijuana centers (dispensaries) 2012: 532 licensed dispensaries 108,000 cardholders percent for severe pain

28 Marijuana Legalization 2012: Colorado Constitutional Amendment 64 legalized recreational marijuana 2013: Twenty states have some form of legalized medical marijuana Two states legalized recreational/medical 2014: Twenty-three states have some form of legalized medical marijuana Four states legalized recreational/medical

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31 Licensed Marijuana Businesses Medical Marijuana (January 1, 2015) 497 licensed dispensaries 748 marijuana cultivation facilities 163 infused products (edibles) businesses Recreational Marijuana (January 1, 2015) 369 licensed marijuana retail stores 397 licensed marijuana cultivation facilities 98 licenses for infused product (edibles) businesses

32 Perspective Colorado Medical Marijuana Centers = 497 Recreational Marijuana Stores = 369 Starbucks Coffee = 405 McDonalds = 227

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35 Full-page ad Westword February 6 12, 2014 issue

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39 Dope heads on a Rocky Mountain high The Standard.com, January 6, 2014 A long line of buyers trails from a store selling marijuana in Colorado on Wednesday, January 1, 2014

40 We are currently out of recreational cannabis January 8, 2014

41 Legal pot blamed for some of influx of homeless in Denver this summer The Denver Post, July 25, 2014 Haven of Hope: 500% rise over normal in homeless in summer 2014 (50 to 300) Salvation Army: 33% rise since 2014 compared to 2013 Salvation Army: Survey 25% increase related to marijuana

42 Welfare Cash for Weed in Colorado Use of public assistance cards OK at marijuana shops The Associated Press, January 16, transactions for $23,609 in cash National Review July 22, 2014

43 Amnesty for Fliers Colorado airport installs amnesty boxes for pot users The Colorado Springs Gazette, January 15, 2014

44 Pot and Colorado Tourism Ski stoned, be chauffeured in a limo and the pot and munchies are included in the $1,200 cost: Weed tourism hits Colorado slopes Daily Mail Reporter December 27, 2013

45 Pot and Colorado Tourism New Service Makes It Easier for Travelers to Experience Marijuana While Visiting Denver PRWeb, January 21, 2014

46 Pot and Colorado Tourism Roll up for the county fair: Denver offers joint-rolling contests and prizes for the biggest marijuana plant at summer show The Associated Press, January 28, 2014

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48 Marijuana and Public Consumption Citations for using pot in public rising Denver police say they re not purposely trying to nab users since marijuana was legalized. The Denver Post Sunday, December 28, 2014

49 Marijuana and Public Consumption Boulder [Colorado] pot smoking tickets up nearly 4 times Boulder Daily Camera December 23, 2013

50 A New York resident, center, and hundreds of others participate in the 4/20 marijuana rally at Civic Center Park across from the state capitol building in downtown Denver.

51 Marijuana and Public Consumption

52 Marijuana Edibles

53 Infused Products

54 Marijuana Edibles

55 Marijuana Edibles Deaths Levy Thamba Pongi and Kristine Kirk (Denver) Luke Goodman (Keystone)

56 M-Cigarettes (Marijuana Vaporizers) Brought to you by Groupon!

57 But it s just a plant (80 to 90% THC) Concentrates Green Crack Wax Ear Wax Butane Hash Oil (BHO) Hash Oil Capsules Budder Shatter

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59 Marijuana and Pets This is your dog on drugs: Marijuana poisoning on the rise in pets NBCNews.com January 22, 2014

60 Legalized Marijuana in Colorado Even Lady Gaga knows pot is not harmless I just want young kids to know that you actually can become addicted to it, and there s this sentiment that you can t and that s actually not true. ~ Lady Gaga CNN.com, January 16, 2014

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64 Forecast Support Marijuana Legalization Significant Revenue Safer Drivers Less DUIs and Fatalities Very Little Increase in Use Lower Access by Youth Lower Alcohol Use Oppose Marijuana Legalization Societal Cost Outweighs Income More DUIDs and Fatalities Substantial Increase in Use Greater Access and Use by Youth Little Impact on Alcohol Use

65 Forecast Safe Support Marijuana Legalization Stop Drug Cartels Eliminate Black Market Free-Up Police Resources Oppose Marijuana Legalization Harmful and Increased ER Visits Little Impact on Drug Cartels Become the Black Market Increased Policing

66 Forecast What Does the Data and Trends Show?

67 Impact Comparison Dates : Early Medical Marijuana Era 1,000 4,800 cardholders and 0 known dispensaries : Medical Marijuana Commercialization and Expansion Era 108,000 cardholders and 532 licensed dispensaries 2013 Present: Medical Marijuana Commercialization and Recreational Marijuana Era

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69 Year 2014 Totals Total Number of DUIDs 674 Positive for Marijuana with Alcohol or Other Drugs % 77% 40% Positive for Marijuana Only SOURCE: Colorado State Patrol, 2014

70 Marijuana and Impaired Driving Positive Screens 2ng/mL+ 2,000 1,800 1,600 1,400 1,200 1, Positive THC 2ng/mL or Higher (Percent of Positive Screens with THC Confirmed) ,152 1,263 1,948 1, Jan Jan - -Aug SOURCE: ChemaTox Laboratory, Inc.

71 Marijuana and Traffic Fatalities Driving Fatalities Data Involving Marijuana Colorado fatalities with operators testing positive for marijuana increased by 100 percent

72 Marijuana and Traffic Fatalities Fatalities Involving Operators Testing Positive for Marijuana Number of Fatalities Year SOURCE: National Highway Transportation Safety Administration, Fatality Analysis Reporting System (FARS), and RMHIDTA 2012

73 Marijuana and Traffic Fatalities Percent of All Fatalities With Operators Testing Positive for Marijuana Percent of Total Fatalities 20.00% 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 10.10% 16.53% 14.09% 10.89% 6.92% 7.04% 7.85% SOURCE: National Highway Transportation Safety Administration, Fatality Analysis Reporting System (FARS), and RMHIDTA 2012

74 Marijuana Use in Youth and Adults

75 Teens and Marijuana Since legalization, reports of pot in middle and high schools soar.

76 Marijuana Use in Youth Youth (ages 12 to 17 years) Current Marijuana Use 2013 National average for youth was 7.15 percent Colorado average for youth was percent Colorado was ranked 3rd in the nation for current marijuana use among youth (56.08 percent higher than the national average)

77 Marijuana Use in Youth Colorado Average Past Month Use of Marijuana Ages 12 to 17 Years 12.00% 10.32% 11.16% 10.00% 8.29% Average Percent 8.00% 6.00% 4.00% 2.00% 0.00% (Pre-Commercialization) (25% Increase) (8% Increase) (Post-Commercialization) 2013 (Legalization) SOURCE: National Survey on Drug Use and Health, 2012 and 2013

78 Past Month Usage by 12 to 17-Year-Olds in Medical Marijuana States, % 12.00% Past Month Usage by 12 to 17-Year-Olds, 2013 Legalized Recreational/Medical Marijuana State (as of 2013) Legalized Medical Marijuana State (as of 2013) Non-Legalized Medical Marijuana State (as of 2013) 10.00% Average Percentage 8.00% 6.00% 4.00% 2.00% 0.00% AL KY KS LA MS SD OK ND WV UT NJ ID AR TX WY IN TN VA NE IA IL NC MN PA MO SC GA WI OH MD FL CA NY AZ NV CT MT AK MA MI DE NM ME HI OR NH WA CO VT RI SOURCE: SAMHSA.gov National Survey on Drug Use and Health 2012 and 2013

79 Marijuana Use in Youth Average Past Month Use by 12 to 17-Year-Olds, % 10.0% 8.9% 10.5% Average Percentage 8.0% 6.0% 4.0% 2.0% 6.1% 0.0% Non-Medical Marijuana States Medical Marijuana States Recreational/Medical Marijuana States SOURCE: National Survey on Drug Use and Health, 2012 and 2013

80 High School Discipline Average Drug-Related Suspensions/Expulsions 6,000 5,167 Average Number of Suspensions/Expulsions 5,000 4,000 3,000 2,000 1, , to % Increase Academic Years to SOURCE: Colorado Department of Education, 10-Year Trend Date: State Suspension and Expulsion Incident Rates and Reasons

81 High School Discipline Percentage of Total Suspensions in Colorado from School Years Percentage of Total Suspensions Commercialization Legalization Drug Violations Alcohol Violations SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons

82 High School Discipline Percentage of Total Expulsions Percentage of Total Expulsions in Colorado from School Years Commercialization Legalization Drug Violations Alcohol Violations SOURCE: Colorado Department of Education, 10-Year Trend Data: State Suspension and Expulsion Incident Rates and Reasons

83 College-Age Marijuana Use College-Age Adults (ages 18 to 25 years) Current Marijuana Use 2013 National average = percent Colorado average = percent Colorado was ranked 2 nd in the nation for current marijuana use among college-age adults (53.62 percent higher than the national average)

84 College-Age Marijuana Use Average Percent 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Average Past Month Use of Marijuana College Age (18 to 25 Years-Old) 22.36% Pre-Commercialization 26.18% (17% Increase) (11% Increase) Post-Commercialization 29.05% 2013 Legalization SOURCE: National Survey on Drug Use and Health,

85 Adult Marijuana Use Adults (ages 26+ years) Current Marijuana Use 2013 National average = 5.45 percent Colorado average = percent Colorado was ranked 5th in the nation for current marijuana use among adults (85.87 percent higher than the national average)

86 Adult Marijuana Use Average Past Month Use of Marijuana Adults (Age 26+) Average Percent 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 6.03% Pre-Commercialization 7.98% (32% Increase) (27% Increase) Post-Commercialization 10.13% 2013 Legalization SOURCE: National Survey on Drug Use and Health,

87 Marijuana and Emergency Room Visits

88 Emergency Room Treatment Data Children s Hospital Colorado emergency room visits for unintentional marijuana ingestion - children younger than 12 yearsof-age: : : : (6 months): 12

89 Emergency Department Rates Per 100,000 Marijuana-Related, Rates Per 100, Legalization Colorado Denver City and County SOURCE: Proceedings of the Denver Epidemiology Work Group (DEWG), Denver Office of Drug Strategy/The Denver Drug Strategy Commission, October 29, 2014

90 Rates of Emergency Department (ED) Visits with Possible Marijuana Exposures, Diagnoses, or Billing Codes in the First Three Diagnosis Codes per 100,000 ED Visits by Year in Colorado 600 Legalization 553 Rates Per 100, Jan-Jun 2014 Source: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014

91 Hospital Discharge Rates Per 100,000 Marijuana-Related, Rates Per 100, Commercialization Legalization Denver City and County Colorado SOURCE: Proceedings of the Denver Epidemiology Work Group (DEWG), Denver Office of Drug Strategy/The Denver Drug Strategy Commission, October 29, 2014

92 Rates of Hospitalization (HD) Visits with Possible Marijuana Exposures, Diagnoses, or Billing Codes in the First Three Diagnosis Codes per 100,000 HD Visits by Year in Colorado Rates Per 100, Commercialization Legalization Jan-Jun 2014 Source: Colorado Department of Public Health and Environment, Monitoring Health Concerns Related to Marijuana in Colorado: 2014

93 Marijuana and Poison Control Cases

94 Rocky Mountain Poison Center Average Percent of Marjuana Exposures Ages 0 to 5 Average Percentage 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 17.71% 15.12% 8.60% 5.95% 4.75% 3.75% National Colorado SOURCE: Rocky Mountain Poison and Drug Center

95 Rocky Mountain Poison Center RMPDC Marijuana Exposure Calls Through December 31, Number of Exposures Reported Commercialization Legalization SOURCE: Colorado Department of Public Health and Environment/RMPDC

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97 THC Extraction Labs Explosions Injuries Number of Explosions Number of Injuries SOURCE: Rocky Mountain HIDTA Investigative Support Center

98 Marijuana Diversion

99 Diversion of Marijuana from Colorado

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101 Diversion By Motor Vehicles Colorado Marijuana Interdication Seizures SOURCE: El Paso Intelligence Center (EPIC), National Seizure System

102 Diversion By Motor Vehicles Average Pounds of Colorado Marijuana from Interdiction Seizures 3,667 4,000 3,500 3,000 2,500 2,000 1,500 1, , SOURCE: El Paso Intelligence Center, National Seizure System

103 Diversion By U.S. Postal Service Packages Parcels Containing Marijuana Mailed from Colorado to Another State ** Parcels SOURCE: United States Postal Inspection Service Prohibited Mailing of Narcotics ** Preliminary data

104 Diversion By U.S. Postal Service Packages Pounds of Marijuana Seized Pounds ** SOURCE: United States Postal Inspection Service Prohibited Mailing of Narcotics ** Preliminary data

105 All Reported Crime in Denver ,867 reported crimes 48,147 reported crimes 49,258 reported crimes 5,391 reported crimes increase from 2012 through 2014 (+12.3 percent) Reported offenses using the National Incident Based Reporting System (NIBRS) definitions in the City and County of Denver, January 9, 2015

106 Colorado Average Consumption of Alcohol in Gallons, Per Calendar Year Gallons 145,000, ,000, ,000, ,000, ,000, ,000, ,000, ,000, ,326, ,634,147 (4% Increase) SOURCE: Colorado Department of Revenue

107 Everything Else Marijuana

108 John Aguilar, The Denver Post, Saturday, February 7, 2015

109 Of 321 total local jurisdictions: 228 (71 percent) prohibit any medical or recreational marijuana businesses 67 (21 percent) allow any medical and recreational marijuana businesses 26 (8 percent) allow either medical or recreational marijuana businesses, not both

110 November 2012 A64 Results 54% in favor 46% Opposed Sept Suffolk University/USA Today Poll Colorado 46% continue to support A % do not agree with A64 decision

111 Oct Gallup Poll Favor Legalized Oppose Legalized Unsure % 39% 3% % 47% 2%

112 October 2014 Pew Research Center Poll Favor Legalized Oppose Legalized Unsure Feb % 42% 3% Oct % 45% 3%

113 Thank you for what you do. Remember: