Lessons Learned from Colorado. Jen Knudsen Colorado Traffic Safety Resource Prosecutor

Transcription

1 Lessons Learned from Colorado Jen Knudsen Colorado Traffic Safety Resource Prosecutor

2 Traffic Safety Resource Prosecutor Work with national experts on traffic safety issues; Present training including NHTSA & NTLC traffic courses such as Lethal Weapon: D.U.I. Homicide, Prosecuting the Drugged Driver, & Cops in Court to law enforcement & prosecutors; Prosecutor s DUI Manual; Assist state & federal legislators on technical issues; & Provide technical assistance to cops & prosecutors.

3 Copyright Notice Certain images and sounds used in this presentation were created by others and are protected under federal copyright law. The use of these images and sounds is either by permission, by a claim of fair use under 17 U.S.C. 107, or for use in face to face classroom education.

4 Colorado Jennifer Knudsen Washington Courtney Popp Oregon Deena Ryerson Wyoming Ashley Schluck

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6 DRIVING WHILE ABILITY IMPAIRED Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

7 Investigation

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9 Cannabis Effects on Driving Lateral Control with or Without Alcohol Hartman, R.L., et al. (2015) First study to look at blood THC concentrations and its effect on SDLP

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11 SIGNS OF USE

12 Green Leafy Material?

13 The Whole Story Try your best to get the user talking about what they smoke/use Ask about strains, dabbing, medicine 1-10, frequency of use, use environment, full name & DOB x2

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15 Cognition PSYCHOMOTOR FUNCTION Physical Movement

16 DRUG RECOGNITION EXPERTS IF YOU DON T SUCCEED IN PERSUADING THE JURY THROUGH YOUR DIRECT EXAMINATION OF YOUR WITNESSES THAT YOU ARE RIGHT AND YOU DESERVE TO WIN, THEN, QUITE SIMPLY, YOU WILL LOSE BRIAN MORIARTY

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18 Method of Detection Can show that delta-9 THC and 11 Hydroxy THC is in the person s system at the time of the blood draw.

19 So if the THC is out of or low in the blood, the driver isn t impaired right?? WRONG Users experience the height of the drug s effects AFTER the active compound (THC) has faded from the blood. The THC is hanging out in the user s brain causing mental impairment for hours after it has lowered below 5 ng in the blood.

20 HOW DOES MARIJUANA WORK IN THE BODY? Marijuana is ingested Impairment peaks quickly and then seems to level out THC binds to the fat receptors in the body/brain THC crosses the blood/brain barrier quickly

21 DELTA 9 PRIMARY PSYCHOACTIVE TETRAHYDROCANNABINOL Makes user high, causes euphoric effect Attaches to cannabinoid receptors & modifies nerve action Detectable in blood 2-3 hours after use MINISCULE amounts for days & rarely weeks after last use in blood of chronic frequent users

22 METABOLITES 11 HYDROXY THC The main psychoactive metabolite of THC formed in the body after marijuana consumption Found principally in the liver

23 METABOLITES CARBOXY THC The main inactive metabolite of THC formed in the body after marijuana consumption Indicates use Detectable hours/days after last use Shows historical use

24 Dr. M. Huestis

25 Metabolism Strain & % delta9 Frequency of Use Method of Ingestion HUGE number of variables influence how much THC is stored and for how long it is detectable in the blood, peaks of the drug, user selfreported impairment, and overall impairment

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27 Whole Blood v. Serum Conversion Tie to impairment? CO and WA are doing it

28 Permissible Inferences <.05: presumed that the defendant was NOT under the influence of alcohol and that the defendant s ability to operate a vehicle was NOT impaired by the consumption of alcohol : DWAI.08+: DUI 5+ ng/ml delta-9 THC: DUI

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

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32 I Drive Safer High!

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34 TRAINING Before law passes get media representatives and policy makers educated about what we already do for detection, enforcement and training Have DRE program & TSRP teach patrol and DAs about MJ basics Reach out to judges Create resources handouts, dui search warrant applications, training bulletins

35 ENFORCEMENT Earmark tax money from sales for LE training, equipment and enforcement campaigns Begin PSA campaign messaging early - Drive High, Get a DUI Get a streamlined process for blood search warrants and blood draws in place Team up with Narcotic Task Forces & civil enforcement agencies (such as Liquor Control or Dept of Health) for joint approach

36 EDUCATION Educate the public Educate law enforcement on signs & symptoms Educate prosecutors & judges on DRE trials Educate prosecutors how to convey impairment

37 Jen Knudsen Traffic Safety Resource Prosecutor Colorado District Attorneys Council (720)