Ending Marijuana Prohibition in Colorado A view from the Colorado Highway Safety Office

Transcription

1 Ending Marijuana Prohibition in Colorado A view from the Colorado Highway Safety Office

2 Glenn Davis: Manager of Highway Safety for Colorado Department of Transporta9on (CDOT), Governor's Highway Safety Office (HSO). hdps:// and- impaired- driving/druggeddriving Re9red from LiDleton Police, LiDleton Colorado.

3 FIGHTING MARIJUANA LEGALIZATION Na0onal Working Group Mee0ng Objec0ves: Prevent the spread of new medical marijuana ini0a0ves Stop any more states from legalizing marijuana for recrea0onal use Start planning to repeal medical and recrea0onal marijuana laws Plan new approaches for marijuana policy in the United States Good To Know

4 Advocate Candor Realist

5 Colorado Marijuana Environment Amendment 20: Medical MJ Expansion: Tipping Point

6 Amendment 64 Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012 twenty-one years of age State licensing of cultivation, product manufacturing, testing facilities, retail stores; local governments to regulate or prohibit such facilities; excise tax to be levied upon wholesale sales of marijuana; $40 million to public school capital construction assistance fund: requiring the general assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp

7 Amendment 64 Campaign Road to reform Amendment 64 Yes on 64 Tancredo 64 Safer Communi9es Melissa Hey guys No to 64

8 The image part with relationship ID rid4 was not found in the file. Amendment 64 Section 16. Personal use and regulation of marijuana (1) Purpose and findings. ELEMENTS: EFFICIENT USE OF LAW ENFORCEMENT RESOURCES ENHANCING REVENUE PERSONS TWENTY-ONE YEARS OF AGE OR OLDER TAXED AND REGULATED SIMILAR TO ALCOHOL. DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN ILLEGAL NO PUBLIC USE

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10 Cons9tu9onal Amendments 20 Medical vs. 64 Recrea9onal Amendment 20 Medical (2000) Debilita9ng medical condi9on Affirma9ve defense or exemp9on for possession Caregivers provide product Plant count A person < 21 can legally obtain medical marijuana Caregiver can be 18 years old Tax 6% Amendment 64 Recrea9onal (2014) Anyone 21 can... Can possess up to 1 oz. of marijuana Paraphernalia is legal Can grow, process and keep the yield of 6 plants (3 mature at one 9me) Can assist others with growing Legal to transfer 1oz or less without remunera9on Tax 28%

11 Amendment 64 Implementa9on Planning 24 members Amendment 64 Task Force Working Groups 1. Regulatory Framework 2. Local Authority and Control 3. Tax, Funding, and Civil Law 4. Consumer Safety and Social Issues 5. Criminal Law (Colorado Law Enforcement- CDOT- Colorado State Patrol- Impaired Driving Issues) hdp:// tax/a64taskforcefinalreport.pdf

12 Amendment 64 Traffic Safety Recommenda9ons Advanced Roadside Impaired Driving Enforcement (ARIDE) Peace Officer Standard Training (POST) requirement. Defini9on of Marijuana Impairment

13 Amendment 64 Traffic safety Recommenda9ons/Disposi9ons (ARIDE) Peace Officer Standard Training (POST) encouraged to be a requirement. $98,000 to train DREs to be ARIDE instructors

14 Amendment 64 Traffic safety Recommenda9ons/Disposi9ons Colorado Definition of Marijuana Influence (Impairment): 5ng or more of delta 9-tetrahydrocannabinol per milliliter of the whole blood = permissible inference of influence

15 Toxicology - Marijuana 5 ng. permissible inference Where a driver is found to have 5 ng. of Delta 9 THC in whole blood, a jury will receive an instruction indicating that it may infer that the defendant is substantially incapable of safely driving. Permissible inference definition carried through DUI alcohol. From presumptive to reasonable inference!

16 Colorado only Reasonable Inference State Now

17 Know your marijuana terms! 11-Hydroxy-THC the main psychoactive metabolite of THC formed in the body after marijuana consumption. 11-nor 9 Carboxy THC the main secondary metabolite of THC, which is formed in the body after marijuana is consumed. It is not active. Delta 9 THC the main psychoactive substance found in marijuana.

18 Know your data/example Fatalities Where an Operator Tested Positive for Marijuana 25* Not Included in FARS Data SOURCE: NHTSA, FARS, CDOT. *RMHIDTA (**2012 only)

19 Current Environment/DUI C.R.S Driving under the influence/ impaired: Misdemeanor for a person under the influence (substan9ally incapable) or impaired (slightest degree) of alcohol or one or more drugs, or a combina9on of both alcohol and one or more drugs to drive a motor vehicle. Challenges: DUI statute includes all impairing substances: Alcohol, Cannabis, Narco9cs, Toxic Vapors etc. No incen9ve for more inves9ga9on once an impairment (Alcohol) is established DUID? Data? Pre Marijuana Legaliza9on, Colorado State Patrol Data Efforts Poly drug use in drivers (Alcohol- Cannabis?) 4ng THC, 0.4 BAC?

20 Preliminary Tes9ng: Current Environment/Preliminary Tes0ng Lawful contact with a person who has been driving a vehicle, suspects person was driving under the influence or while impaired by alcohol. Challenges: Preliminary Tes9ng at roadside is limited to alcohol tes9ng by statute. Technology exists, statute prohibited New MJ test in works

21 Express Consent (Drugs): Current Environment/Express Consent Probable cause to believe a person has been driving a motor vehicle under the influence/ impaired by drugs the person has given their express consent to submit to a test of their blood to determine the drug content. Challenges: Drivers can refuse 31% of Department of Revenue Express Consent hearings in 2014 were refusal based (7,300) Refusing drivers can reinstate aner 2 months of no driving and 2 years igni9on interlock Consen9ng drivers can be revoked for exceeding Alcohol level (.08 BAC) not for exceeding THC level (.5ng)

22 Current Environment/Peace Officer Training Peace Officer Training: Peace Officer s receive 24hrs of SFST and DUI Enforcement training in basic academy training. Peace Officer Training Administered by CDOT- Highway Safety Office: SFST Updates ARIDE DRE- NHTSA 2014 Funds from Colorado Chiefs- Colorado Department of Law Marijuana Taxes $510,000

23 Roadsides and MJ The Challenge: None of the original validation studies involved marijuana. 1980s studies for validation of alcohol impairment at.100 How do we address it? New validation studies? Green labs?

24 CDOT approved update training for Colorado DREs

25 Colorado Impaired Driving MJ Summary One statute for DUI (alcohol/drugs) Preliminary tes9ng devices exist but, cannot be used under current statute Arrestee can refuse chemical tes9ng (+30%) All drivers in fatali9es not tested (+40%) Marijuana user community beliefs to marijuana and driving: Driving under the influence of marijuana is safer than alcohol Are less to get a DUI for being under the influence of marijuana Don t believe marijuana impairs driving MJ Driving Washington Law Enforcement: Academy training is 24hrs specific to DUI alcohol involved SFST s were validated in 1980 s for impairment at.100 Blood Alcohol Concentra9on CDOT s goal of 300 Drug Recogni9on Experts would be less than 2% of Colorado Law Enforcement Popula9on

26 Future Challenges/Impaired Driving State Posi9on Q: What about DUIDs? Are more people smoking and driving because of legaliza9on? 1) Here s what we know: Colorado State Patrol sta9s9cs show that, through November 2014, 611 of a total of 5,076 (12%) of impaired- driving cita9ons were issued for marijuana- only cita9ons. This will form the baseline for future measurements, as this was the first year that marijuana- related cita0ons were compiled separately from all other DUI/DUID cita0ons. That means we can t compare these numbers to those of previous years. Addi9onally, these data only reflect cita9ons issued by CSP, not by other law enforcement agencies throughout the state.

27 Future Challenges/Impaired Driving State Posi9on 2) Preven0ng marijuana- impaired driving is a top public safety priority. That s why, using revenues brought in from marijuana sales, we re working to train law enforcement officials to recognize those who are driving under the influence of marijuana. Law enforcement officers base drug- related impaired driving arrests on observed impairment. Since January, we ve cer9fied 33 Drug Recogni9on Experts (DREs) a 16% increase in total. In total, Colorado has over 200 Drug Recogni9on Experts officers highly trained in the detec9on of impairment from a variety of substances, including cannabis. We expect to cer9fy an addi9onal 30 officers by June 2015.

28 Future Challenges/Impaired Driving State Posi9on 3) We re commiced to equipping law enforcement officers with the tools they need to keep the streets safe from drugged drivers. At an October 22, 2014 DRE workshop, 55 officers were updated on new informa9on related to marijuana legaliza9on. An addi9onal workshop is scheduled for March 25, 2015 with an an9cipated enrollment of 100 officers.

29 Future Challenges/Impaired Driving State Posi9on 4) In addi0on to cer0fying DREs, the state is also conduc0ng Advanced Roadside Impaired Driving Enforcement (ARIDE) classes for law enforcement. ARIDE training provides officers with general knowledge related to drug impairment. From July to December 2014, the state has held six ARIDE classes training 74 officers. From December 2014 through June 2015, an addi9onal 14 classes are scheduled.

30 CDOT Marijuana Impaired Driving Campaign

31 First Campaign Marijuana Impaired Driving 2011

32 CDOT PR Team on Research

33 Conducted Survey Research Surveyed attitudes and behaviors related to marijuana usage and impaired driving through a phone survey of 770 Colorado roadway users

34 Conducted Focus Group Research Conducted 6 focus groups (recreational users, medical users, marijuana industry workers, Spanish-language dominant users) Discussed marijuana use, knowledge of marijuana impaired driving laws, marijuana driving behavior, message testing

35 Phone Survey Results Males, ages 18-34, more likely to consume marijuana Nearly a quarter of marijuana users have driven a motor vehicle after consuming Those who drove within 2 hours of consuming marijuana did so, on average, 17 times a month One third of respondents agreed that it s safer to drive under the influence of marijuana than alcohol If used marijuana in past year, half as likely to think a person could get a DUI an hour after consuming as those who had never used

36 Focus Group Research Results Low awareness that you can get a DUI for consuming marijuana Most participants drive high and most do so on a regular basis All felt it was safer to drive under the influence of marijuana versus alcohol Tested humor-based, informational and enforcement-based messages. Informational messages resonated most

37 NHTSA Drug and Alcohol Crash Risk Study Largest such study conducted to assess the compara9ve risk of drunk and drugged driving. 20 months in Virginia Beach, Va. Drivers were tested for a wide range of drugs, but marijuana was the only drug found in large enough numbers for sta9s9cally significant findings. Drivers at alcohol level of 0.08 percent, were about four 9mes (400%) more likely to crash than sober drivers. Marijuana users were about 25 percent more likely to be involved in a crash than drivers with no evidence of marijuana use. Other factors such as age and gender appear to account for the increased crash risk among marijuana users. Ongoing research will refine our understanding of when marijuana use by drivers increases the risk of crashing. Stoned Drivers Safer NHTSA Study

38 Drive High, Get A DUI Creative Concept Research told us that our target audience would not respond well to finger-pointing or scare tactics, so we decided to use humor to educate. The approach took a neutral stance; not condoning or judging. The hyper-focus exhibited by the characters in our spots is a metaphor for impairment when driving high. In a 30-second TV spot you can only have one message and need to keep it simple: Drive High, Get a DUI. hdp://ameliecompany.com/portolio/cdot- marijuana- dui- case- study/

39 Developed Collateral Materials Developed posters and marijuana and driving FAQ and distributed to rental car agencies at the airport and to marijuana dispensaries throughout the state. Very posi9ve feedback, had dispensaries reques9ng more and saying that they stapled the FAQ to packaging. Drive High, Get a DUI' campaign launches High Get a DUI Drive High MJ Driving

40 La9no Marke9ng

41 Post Campaign Media Results Social Media: Over 130 posts on Facebook and Twitter YouTube: 1,000,000 + views, 960 likes (compared to 340 dislikes) Media Placements: Print: 41 placements, over 2.5 million impressions and $48, publicity value Online: 764 placements, over 871 million impressions and $405, publicity value TV: 67 placements, over 13 million impressions and $949, publicity value

42 Post Campaign Survey Results In a post campaign phone survey of nearly 800 Colorado road way user: Nearly half (46%) of Front Range respondents and more than a third (35%) of Non Front Range respondents noticed the slogan, Drive High, Get A DUI

43 4/20 & The Cannabis Cup The 5 th Annual Cannabis Cup in Denver adracted 37,000 marijuana enthusiasts from around the world during the weekend of 4/20. This was the ideal event to reach the Drive High, Get a DUI target audience. In an effort to reach our audience in a crea9ve way, we made custom labels (see label on len) with informa9on about marijuana laws and adached them to thousands of bags of Cheetos and Goldfish. Overall responses from adendees were extremely posi9ve. People immediately no9ced the label on the front and shared pictures of it via social media.

44 4/20 & The Cannabis Cup: Event Pictures

45 4/20 & The Cannabis Cup: Event Pictures

46 4/20 & The Cannabis Cup: Results Distributed 4,620 bags at the cannabis cup within an hour and a half. Received 58 media placements with a total publicity value of over $25,000.

47 4/20 & The Cannabis Cup: Results

48 4/20 & The Cannabis Cup: Results

49 Colorado law-enforcement-switch-message-to-safe-pot-use AAAGFO1XSfOjpqdEOe3qUgjxa?dl=0

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51 Drive High Get a DUI

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54 Opportuni0es/Responsibili0es Evalua0on of statutes: The Colorado Task Force on Drunk or Impaired Driving supports: Preliminary tes9ng devices of drug involvement Crea9on of new sta9s9cal tracking to properly document the number of DUI arrests categorized by alcohol involved, drug involved and alcohol and drug involved* Fatal Analysis Repor9ng System (FARS) CDOT, CTFDID=Responsibili0es: Learn/Lead Examples: Partner with na9onal partners to evaluate Standard Field Sobriety Tes9ng (Drugs) Stoned Drivers Safer Evaluate use of marijuana test subjects in Drug Recogni9on Expert Training labs Host 2016 IACP/DRE Conference on Impaired Driving in Denver

55 Partnerships in Outreach Identified MJ Industry Leader(s) Reached out to leaders with mutual concerns Utilized partners for focus groups MJ representative on State DUI Task Force Presented at MJ industry events Mutual Press Opportunities CDPHE/NHTSA (Region) partnerships Do not underestimate MJ advocates passion and resources (Primary Seat Belt) Belief vs. Knowledge Governor's MJ Working Group MJ Data Group MJ Education Committee

56 Lessons Learned Beware the Tipping Point Posi9on your agency for funding* Plan for Media early/opportuni9es- data Be, find or designate the Expert for impaired driving- marijuana Advocate for traffic safety. Don t let it get lost. Seek partnerships early Focus on what you can change Keep focus on impairment (ng- device) Know your partners posi9ons/mj industry/state/nhtsa Colorado: Responsibility to Lead, Opportunity to Learn Use environment for opportuni9es: Data Promote DRE and ARIDE DRE DRE School Green Lab Roadside Evalua9on (SFST)

57 Colorado Law Enforcement Coordinators Are re9red Colorado Peace Officers. Expected to support and advance CDOT posi9on(s). Aware of gaps in system regarding marijuana traffic laws. Promote training opportuni9es. (ARIDE/DRE) Be knowledgeable and ar9culate on signs of impairment, regula9ons, laws and traffic safety impact. ADend and par9cipate in workshops, panels, task forces etc.

58 Contact Glenn Davis CDOT Highway Safety Manager