DUID and the Impact of Marijuana Legaliza9on on Traffic Safety

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1 DUID and the Impact of Marijuana Legaliza9on on Traffic Safety Na9onal Law Enforcement Liaison Training Conference Linthicum Heights, MD November 15, 2017 Captain Bruce W. Sheetz, Colorado Highway Patrol (Re=red) Tom Kimball, Director Na=onal traffic Law Center Earl G. Penrod, Senior Judge Indiana American Bar Associa=on Judicial Fellow in coopera=on with NHTSA

2 The Judicial Perspec9ve and the role of the JUDGE Judiciary: separate, co-equal branch of government; checks and balances. Administra=on of jus=ce and interpre=ng law. Criminal jus=ce system promotes public safety AND traffic safety. Judges NOT part of the prosecu=on team.

3 Prosecu9ng Wrongdoers Government protects public by holding individuals accountable for unlawful conduct. Crimes/offenses prosecuted in name of government as wrongs against public as a whole. Prosecu=ng/punishing wrongdoer and acquiyng innocent promotes public/traffic safety.

4 What Judges Do Insure cons=tu=onal protec=ons for all individuals. Protect the rights and freedoms of individuals from overzealous (even if well inten=oned government ac=on. Impose sanc=ons only on the guilty regardless of the underlying social issue.

5 SO, WHICH IS IT? Shame on judges who allow the guilty to go free because the constable has blundered. Shame on judges who fail to uphold the law, even when decision is unpopular or controversial Unfair to hold police to the standard of perfec=on BUT dangerous to minimize individual rights and freedoms as mere technicali=es.

6 SO WHAT S YOUR POINT? Judges NOT precluded from community engagement. Ethical communica=on and coopera=on with other stakeholders can ENHANCE judge s role. System more effec=ve when there is ethical interac=on with and by the judiciary. Lack of resources, limited educa=onal opportuni=es, complexity of underlying issue and lack of understanding/ respect insufficient reasons to refuse to engage in emerging issues/problems/concerns.

7 Marijuana-Impaired Driving: A Report to Congress NHTSA, July, 2017 Effects of Marijuana vary from individual to individual depending upon many factors. Likewise, impact of marijuana laws varies from place to place depending on many factors. IMPACTS /EFFECTS YOU HAVE SEEN IN YOUR AREA? The Colorado experience. Criminal Jus=ce/prosecu=on issues. QUESTIONS, COMMENTS AND DISCUSSION

THE LEGALIZATION OF MARIJUANA IN COLORADO November 2000 Legaliza=on of marijuana for medicinal use through Amendment 20 2001 to 2008 5,993 pa=ent

8 THE LEGALIZATION OF MARIJUANA IN COLORADO November 2000 Legaliza=on of marijuana for medicinal use through Amendment to ,993 pa=ent applica=ons, no known medical dispensaries Spring 2009 Over 20,000 new pa=ent applica=ons and over 250 dispensaries allowed to operate as caregivers

9 November 2012 Legaliza=on of marijuana for recrea=onal use through Amendment 64 As of June 2017: 392 Starbucks 208 McDonalds 491 retail marijuana stores Colorado increased its Drug Recogni=on Expert (DRE) Program with mul=ple schools in 2014 & 2015 Drug Recogni=on Experts were increased by 60% from 147 to approximately 240

10 THE IMPACT Marijuana related traffic deaths when a driver tested posi=ve for marijuana rose from 55 in 2013 to 123 in 2016 Marijuana related traffic deaths increased 66% between 2013 and 2016 compared to 4 years before legaliza=on In the same =me period, all traffic deaths increased 16% Highway interdic=on seizures of Colorado marijuana increased 20% from 288 in 2013 to 346 in 2016 Of these 346, 36 different states were des=na=ons for Colorado Marijuana Most common des=na=ons were Illinois, Missouri, Texas, Kansas, and Florida

11 Seizures of Colorado marijuana in the U.S. mail increased 914% from 97 pounds to 984 pounds in the 4 year average prior and aqer legaliza=on Crime in Denver increased 17% from 2013 to 2016 Crime in Colorado increased 11% in the same =meframe Violent Crime in Colorado: increased 1.2% from 2009 to 2012 increased 18.6% from 2013 to 2016 Homeless shelters in Denver reported that between approximately 17% & 30% of newcomers were there because of cannabis

12 Youth past month marijuana use increased 12% in the 3 year average since Colorado legalized recrea=onal marijuana compared to the 3 year average prior College age past month use increased 16% Adult age past month use increased 71% The number of hospitaliza=ons related to marijuana increased 81% from 6,305 in 2011 to 11,439 in 2014 Marijuana-related exposures to children increased 139% in the 4 year average aqer legaliza=on, compared to the 4 years prior

13 $167,157,150 in total revenue taxes was collected in 2016 Colorado tax revenue from the sale of recrea=onal and medical marijuana was 0.8% of the total statewide budge for FY 2017 (approximately $16.5 billion) Wholesale prices in Colorado fell 24.5% over the past year to $1, per pound (gold at $1,276 per ounce on 11/01/17) Sinking prices translate into sinking tax revenue Source: The LegalizaTon of marijuana in Colorado: The Impact Volume 5, October 2017 Tocky Mountain High Intensity Drug Trafficking Area

14 Tom Kimball Director National Traffic Law Center

15 About NDAA Non-profit organization Provides support to prosecutors & Law Enforcement Multiple areas of criminal law Library of resource materials Database of experts Publications Partners w/other organizations: NHTSA, IACP, ETC

16 About NTLC Specific focus on traffic prosecution Impaired driving Vehicular Homicide Five Specialized Attorneys Between the Lines Newsletter Monographs (Little Books) NHTSA Assistance Compilations of Law and Evidence Technical Advise Expert Witness Assistance

17 NTLC Special Topics Series

18 Compila9ons of Law PBT Admissibility Repeat Offenders Revoked/Suspended Licenses Vehicular Forfeitures Vehicular Homicide Administrative License Revocation Drug Toxicology DUI Penalties Electronic Warrants Prior Convictions Aggressive Driving Laws Enhancing Factors Breath Test Refusal and right to counsel Refusal to Consent Scientific Admissibility Statutes Mandatory Blood Laws Sobriety Check points Vehicular Assault Under Influence Definitions

19 Encyclopedia of Defense Expert Witnesses Assistance for prosecutors in preparation of trial with a defense expert. NTLC provides great information and Technical advise.

20 Tom Kimball Director National Traffic Law Center

21 QUESTIONS, COMMENTS AND DISCUSSION CONTACT INFORMATION Captain Bruce W. Sheetz: Tom Kimball: Judge Earl G. Penrod:

The Legalization of Marijuana in Colorado: The Impact Vol. 3 Preview 2015

The Legalization of Marijuana in Colorado: The Impact Vol. 3 Preview 2015 THIS PAGE INTENTIONALLY LEFT BLANK Table of Contents Introduction Purpose...1 Preface...1 SECTION 1: Impaired Driving Definitions...3 Findings...3 Data...4 Colorado State Patrol Number of DUIDs, 2014...