Michael Bushwack Deputy Bureau Chief, Vehicular Crimes Nassau County District Attorney s Office CANNABIS-IMPAIRED DRIVING IN THE AGE OF LEGALIZATION

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1 Michael Bushwack Deputy Bureau Chief, Vehicular Crimes Nassau County District Attorney s Office CANNABIS-IMPAIRED DRIVING IN THE AGE OF LEGALIZATION

2 National Pot Smoking Day

3 12% INCREASED FATAL CRASH RISK 38% FATAL CRASH INCREASE FOR DRIVERS UNDER 21 YEARS-OLD

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6 2012 Subaru wrx sti limited its like a rocketship lmfao

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8 Text Messages Name Date & Time Status Folder Type Text * Brandon 10/05/12 02:51:16 PM (GMT-4) Sent Sent Outgoing Word where you work at? Same shit school and what not lol I got the whip now :) * Brandon 10/05/12 02:52:02 PM (GMT-4) Read Inbox Incoming Airport yea I heard trav was tellin me you whippin the sti now * Brandon 10/05/12 02:52:44 PM (GMT-4) Sent Sent Outgoing Yea shit crazy if you want we can go on a l ride laterrr

9 Name Date & Time Status Folder Type Text * Khani Peter * Khani Peter * Khani Peter * Khani Peter * Khani Peter * Khani Peter * Khani Peter * Khani Peter 09/24/12 08:00:07 AM (GMT-4) 09/24/12 09:25:32 AM (GMT-4) 09/24/12 09:28:39 AM (GMT-4) 09/24/12 10:08:28 AM (GMT-4) 09/24/12 10:09:13 AM (GMT-4) 09/24/12 10:18:14 AM (GMT-4) 09/24/12 10:20:32 AM (GMT-4) 09/24/12 10:31:25 AM (GMT-4) Read Inbox Incoming yo that l ride was crazy lmao Sent Sent Outgoing Lmao word shit was crazy Read Inbox Incoming lmao you hit like 120 Sent Sent Outgoing No way dead ass? Lmao I aint know that Read Inbox Incoming yeaaah nigga! shit was crazzzu Sent Sent Outgoing Read Word imagine the turbo kicking in that shit felt like it was flying Inbox Incoming it did at one point that shit is beautiful Sent Sent Outgoing Thats wassup them blunts got mee smackeeeddd too

10 Driving around and smoking a blunt

11 Name Date & Time Status Folder Type Text * Woods Shayan * Woods Shayan * Woods Shayan 09/22/12 07:48:08 PM (GMT-4) 09/22/12 07:59:04 PM (GMT-4) 09/22/12 08:00:34 PM (GMT-4) Sent Sent Outgoing Read Inbox Incoming A blunt ride? Sent Sent Outgoing Fine lets go on a blunt ride one day shit is mad fun you'd love it We drive around the highway smokingg weed lol didnt you say you wanted to try the urb :x?

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22 Time Specimen Drug Δ Joseph Beer 4:30 AM (1 hr. after crash) 4:30 AM (1 hr. after crash) 5:15 AM (1 hr. 45 min. after crash) 5:15 AM (1 hr. 45 min. after crash) Whole Blood Delta ng Whole Blood Carboxy 15 ng Whole Blood Delta ng Whole Blood Carboxy 20 ng

23 Understanding the Drug

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25 SPECIMEN WHOLE BLOOD vs. SERUM vs. URINE SUBSTANCE DELTA-9 THC vs. CARBOXY vs. 11-HYDROXY THC

26 Highly Psychoactive High Levels in Edibles

27 Delta 9 THC Rapidly Dissipates from the Blood Smoked THC Time-Concentration Curve Effect of Blood Collection Time on Measured Delta 9 THC (Hartman, Marilyn Huestis, 2016) THC in the blood reduces by 73.5% within 30 minutes of smoking THC in the blood reduces by 90.3% within 1.4 hours of smoking NHTSA It is possible for a person to be affected by marijuana use with concentrations of THC in their blood BELOW the limit of detection Courtesy Marilyn Huestis, Borkenstein Drug Course, 2012

28 There has to be THC in the BIGGEST MISCONCEPTION blood for the user to be impaired by marijuana

29 2017 Report to Congress: weak relationship between THC blood levels and impairment Advise AGAINTST Per Se laws Inadvisable to try and predict effects based on blood THC concentrations alone It is difficult to establish a relationship between a person s THC blood or plasma concentrations and performance impairing effects.

30 Per Se Laws 1 ng: Pennsylvania 2 ng: Nevada & Ohio 3 ng: West Virginia 5 ng: Illinois, Montana, Washington 5 ng: Colorado = Reasonable Inference

31 NOT YOUR GRANDMA S WEED

32 POTENCY 1975 Less than 1% THC 1985 Less than 3% THC % THC

33 Where are we NOW Where are we GOING LEGALIZATION What does it MEAN

34 New York Compassionate Compassionate Care Act Care Act Summary (2016)

35 Patients with one of the following severe debilitating or lifethreatening conditions: WHO CAN GET IT? Cancer HIV positive status or AIDS Amyotrophic Lateral Sclerosis (ALS) Parkinson s Disease Multiple Sclerosis Spinal cord damage Epilepsy Inflammatory Bowel Disease Neuropathies Huntington s Disease

36 Permitted Forms of Medical Marijuana: WHAT CAN THEY GET? Liquid or oil preparations for use in an inhaler; Liquid or oil for vaporization; and Capsules for oral administration. All other forms are prohibited, including: Edibles; and Smoking of marijuana vegetation 30-day supply only Max 10 mg of THC per individual dosage

37 5 Registered Organizations approved to manufacture and distribute medical marijuana WHERE CAN THEY GET IT? Each registered organization can have up to 4 dispensing facilities

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39 Where are we going?

40 DOUBLED: Manufacturing & Distribution Sites

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42 CHRONIC PAIN + PTSD = 77%

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44 9 20 only

45 What does it mean?

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47 and more cases

48 COLORADO 2014 Recreational marijuana available 2013 Fatal crashes where a driver tested positive = Fata; crashes where a driver tested positive= 125 Marijuana-related traffic deaths increased 66 percent in the four-year average since Colorado legalized recreational marijuana compared to the four-year average prior to legalization. During the same time period, all traffic deaths increased 16 percent.

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50 2013 Memo: Deputy Attorney General James M. Cole the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity through enforcement of their own narcotics laws.

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