Marijuana and Public Safety in Colorado

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Marijuana and Public Safety in Colorado JACK K. REED COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE OFFICE OF RESEARCH & STATISTICS MAY 2018

National Landscape of Marijuana Laws Medical & Recreational: 9 States & DC --- Medical only: 21 States --- CBD only: 16 States --- None: 4 States Source: National Conference of State Legislatures (2017), http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx Note: Not all states laws are currently in effect.

National Opinion on Legalizing Marijuana Source: Gallup Poll (2017), http://news.gallup.com/poll/221018/record-high-support-legalizing-marijuana.aspx

Changes to Colorado s Legal Landscape Gray and black market grows increasingly problematic Law limiting grows on residential property (HB 17-1220) Established $6 million fund to reimburse law enforcement and district attorneys for enforcement of marijuana laws (HB 17-1221) New edible product rules Required marking to indicate THC None shaped like candy, fruit, people, animals

Varieties of Cannabis

Varieties of Ingestion

Public Safety

Marijuana Arrests in Colorado 14, 000 12,894 12, 000 Number of marijuana arrests 10, 000 8, 000 6, 000 4, 000 6,502 7,004 5,385 6,045 2, 000 0 201 2 201 3 201 4 201 5 201 6 Source: Colorado Bureau of Investigation, National Incident-Based Reporting System.

Marijuana Arrest Rates 300 250 248 Marijuana arrest rate (per 100,000) 200 150 100 123 131 99 109 50 0 201 2 201 3 201 4 201 5 201 6 Source: Colorado Bureau of Investigation, National Incident-Based Crime Reporting System; Colorado Office of Demography.

Marijuana Arrest Rates, by age group 1600 1400 1200 Marijuana arrest rate (per 100,000) 1000 800 600 400 200 591 561 598 428 421 1490 997 978 745 840 0 170 29 35 10 to 17 18 to 20 21 or ol der 30 39 2012 2013 2014 2015 2016 Source: Colorado Bureau of Investigation, National Incident-Based Crime Reporting System; Colorado Office of Demography.

Marijuana Arrest Rates, by race 500 450 400 Marijuana arrest rate (per 100,000) 350 300 250 200 150 100 256 216 448 249 321 249 229 50 0 121 122 121 136 90 104 107 111 93 48 61 Whi te Hi s pani c Af r ic an- Am er i ca n Ot her 54 54 2012 2013 2014 2015 2016 Source: Colorado Bureau of Investigation, National Incident-Based Crime Reporting System; Colorado Office of Demography.

Marijuana Arrest Rates, by gender 450 400 350 Marijuana arrest rate (per 100,000) 300 250 200 150 100 403 200 206 156 168 50 0 Male 93 47 56 Fem ale 42 49 2012 2013 2014 2015 2016 Source: Colorado Bureau of Investigation, National Incident-Based Crime Reporting System; Colorado Office of Demography.

Marijuana Filings 120% 20000 18141 18000 100% 80% 60% 12% 16% 18% 16% 15% 7% 14192 8% 9% 8% 9% 11500 11102 11217 22% 12% 2% 13% 18% 12% 9% 18% 13% 24% 26% 9% 8% 12% 11% 16000 14000 12000 10000 40% 20% 81% 76% 73% 75% 77% 63% 57% 4816 5505 60% 6509 55% 54% 6870 7402 8000 6000 4000 2000 0% 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Pet t y of f ense Tr af i c Misdemeano r Fel ony Tot al f il ings 0 Source: Colorado State Judicial Branch. Note: County court data does not include Denver County.

Marijuana Filings for Serious 2500 Drug Crime Types 2000 1500 1000 500 0 1,980 231 95 142 178 1,535 177 208 319 330 168 635 464 460 560 467 106 439 440 119 455 801 321 384 428 159 71 349 436 141 317 394 823 823 305 642 730 542 607 464 464 328 284 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Possession w it h i nt ent t o sel l Di s tr i but ion Manufactu re Cons pi r acy Source: Colorado State Judicial Branch. Note: County court data does not include Denver County.

Violent Crime Rates Violent Crime Rates, 2006-16 600 500 400 479 472 459 432 405 387 388 369 362 374 386 390 338 300 343 321 327 323 318 303 305 306 321 200 100 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Un it ed St at es Col or ado Source: Colorado Bureau of Investigation, Crime in Colorado; Federal Bureau of Investigation, Uniform Crime Reports. Note: Violent crime consists of homicide, rape, robbery and aggravated assault.

Property Crime Rates Property Crime Rates, 2006-16 4, 000 3, 500 3, 000 2, 500 3,347 3,276 3,215 3333 2892 2639 3,041 2,946 2,905 2,868 2,734 2,574 2580 2570 2575 2630 2622 2503 2602 2,501 2695 2,451 2, 000 1, 500 1, 000 500 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Un it ed St at es Col or ado Source: Colorado Bureau of Investigation, Crime in Colorado; Federal Bureau of Investigation, Uniform Crime Reports. Note: Property crime consists of burglary, larceny-theft, and motor vehicle theft.

Drivers in Fatal Crashes on Colorado Roadways Note: A positive test for cannabinoids may be the result of active THC or one of its inactive metabolites and does not necessarily indicate impairment. Source: Data provided by Colorado Department of Transportation, 6/27/2017.

Drivers in Fatal Crashes on Colorado Roadways, 2016 500 2016 Driver Testing Outcomes 400 300 494 200 71 Drivers, 18% of tested drivers, positive for Delta-9 THC 100 0 138 90 No t te st ed No AO D Al cohol onl y THC onl y Al cohol and THC 29 22 13 15 20 7 8 1 19 24 THC and ot her dr ugs Al cohol, THC and ot her dr ugs Ot her dru gs onl y Al cohol and ot her dr ugs No Del t a 9 Del t a 9 Note: A positive test for cannabinoids may be the result of active THC or one of its inactive metabolites and does not necessarily indicate impairment. Source: Data provided by Colorado Department of Transportation, 9/22/2017.

Fatality rates on Colorado & US Roadways, 2013-16 2. 00 Fatalities per 100 million VMT 1. 00 1.10 1.08 1.02 1.00 1.15 1.18 1.08 1.17 0. 00 1 2 3 4 Colorado fatality rate US fatality rate Source: National Highway Transportation Safety Administration, 2016 Quick Facts; 2015 Quick Facts..

DUI Citations Colorado State Patrol 359 213 112 201 684, 12% 335 210 107 204 652, 13% 388 780, 239 153 17% 245 335 216 168 259 719, 15% Ma ri ju an a on ly Ma ri ju an a & al co ho l Ma ri ju an a & o the r drugs Othe r d ru gs Alc ohol only 4,820 4,042 3,610 3,871 2014 (TOTAL=5,705)2015 (TOTAL=4,898)2016 (TOTAL=4,635) 2017 (N=4,849) Source: Colorado State Patrol (2017). Note: Drug impairment determination is based on trooper s informed perception and not toxicology results

Driving within 2-3 hours after Marijuana Use 3. 5 Colorado pop.: 4.3 million adults 3. 0 2. 5 Are they really impaired? 2. 0 1. 5 1. 0 2.5 2.1 2.7 What is their tolerance? Are they patients? 0. 5 0. 0 2014 2015 2016 Note: Comparing across years within each age category, there were no statistical differences from 2014 to 2016. Source: Colorado Department of Public Health and Environment. Behavioral Risk Factor Surveillance System. URL: https://www.colorado.gov/pacific/cdphe/adult-marijuana-use-trends

Adult Marijuana Users Reporting Driving within 2-3 hours after Marijuana Use 25. 0 20. 0 Are people telling the truth? 15. 0 Why 2-3 hours? 10. 0 18.8 16.1 20.1 Why not ask if they drove high? 5. 0 Why is this different from CDOT? 0. 0 2014 2015 2016 Note: Comparing across years within each age category, there were no statistical differences from 2014 to 2016. Source: Colorado Department of Public Health and Environment. Behavioral Risk Factor Surveillance System. URL: https://www.colorado.gov/pacific/cdphe/adult-marijuana-use-trends

Is Colorado Working on DUI Data? Come on Colorado, it s been four years! Blood test State Courts ~25,000 Breath test Denver Court ~2,000 Probation Assessment Refuse test

Youth Impacts

Marijuana Offenses in Schools

Youth Marijuana Arrest Rates (per 100,000) by Race 1, 400 1, 200 Youth arrest rates for marijuana, by race 1,216 1, 000 800 600 400 666 610 606 442 457 556 471 467 384 355 789 986 883 771 200 205 190 139 164 125 0 Whi te Hi s panic Af r ican- Am er ican Ot her 2012 2013 2014 2015 2016 Source: Colorado Bureau of Investigation, National Incident-Based Reporting System; U.S. Census Bureau, 2016 American Community Survey.

School Suspension Rate Source: Colorado Department of Education (2017). Note: The 2016-17 school year was the first complete year where marijuana was reported separately from other drugs.

School Expulsion Rate Source: Colorado Department of Education (2017). Note: The 2016-17 school year was the first complete year where marijuana was reported separately from other drugs. 28

School Discipline for Marijuana 2016-17 100% 90% 80% 4% 22% 24% 70% 60% 50% 40% 30% 96% 78% 76% 20% 10% 0% Suspensi ons ( Total: 8 5,456) Expul sions (To tal : 971) Law enforceme ntreferrals (T otal : 3, 535) Al l ot her vi olat io ns Marijuana vi ol ati ons Note: The 2016-17 school year was the first with schools reporting marijuana separately from other drugs for the entire year. Source: Colorado Department of Education.

Current marijuana use among High School Students, 2015

College Students Perceived Marijuana Use Perceived use in past 30 days 96. 0% 94.8% 94. 0% 92. 0% 90. 0% 88. 0% 86. 0% 85.5% 84. 0% 82. 0% 80. 0% Col or ado ( 2017 ) Nat i onal ( 2016) Per ceived Source: Coalition of Colorado Alcohol and Drug Educations (2017), National College Health Assessment.

College Students Real vs. Perceived Marijuana Use Reported use vs. perceived use in past 30 days 100. 0% 90. 0% 80. 0% 70. 0% 60. 0% 94.8% 85.5% 50. 0% 40. 0% 38.8% 30. 0% 20. 0% 18.4% 10. 0% 0. 0% Col or ado ( 2017 ) Nat i onal ( 2016) Per ceived Source: Coalition of Colorado Alcohol and Drug Educations (2017), National College Health Assessment. Act ual

Public Health

Adult Marijuana Use Source: Colorado Department of Public Health and Environment, Behavioral Risk Factor Surveillance System survey. URL: https://www.colorado.gov/pacific/cdphe/adult-marijuana-use-trends

Hospitalization & Emergency Department Trends Produced by: EEOHT, CDPHE 2016 *Rate significantly increased from previous time period with a p-value <0.001. The Ns are the total number of HD or ED visits with marijuana-related billing codes in the specified time period. ICD-9-CM codes 305.20-305.23, 304.30-304.33, 969.6, and E854.1 were used to determine HD and ED visits with marijuana-related billing codes. Data Source: Colorado Hospital Association 2000-Sept 2015 (2011-Sept 2015 for ED visits).

250 Poison Control Marijuana Exposure Calls 225 Number of reported marijuana exposures 200 175 150 125 100 75 50 25 0 13 23 13 4 25 year s and ol der 18-24 yea rs ol d 9-17 year s old 0-8 year s o ld Unknown 15 10 22 22 21 19 16 21 26 6 7 3 10 8 12 12 18 19 4 6 14 18 19 8 15 7 17 11 4 5 17 17 30 20 16 19 10 30 18 18 7 29 16 15 16 19 16 27 4 4 10 7 8 12 3 2 7 11 7 26 35 18 34 23 36 90 31 42 78 25 63 43 48 73 35 42 40 16 15 11 200 0 200 1 200 2 200 3 200 4 200 5 200 6 200 7 200 8 200 9 201 0 201 1 201 2 201 3 201 4 201 5 201 6 Produced by: Colorado Department of Public Health & Environment, Environmental Epidemiology, Occupational Health and Toxicology Branch (2016). Data Source: National Poison Data System (NPDS) closed, human, marijuana exposure calls in Colorado from 2000 to 2016, n=1,578.

Treatment for Marijuana Use Treatment admissions rate (per 100,000) for marijuana as primary drug, by age group 900 800 700 701 652 600 500 400 300 462 459 451 279 200 164 162 146 100 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 10 to 17 year s 18 to 20 year s 21 year sand older Note: Data reflect treatment episodes where marijuana was indicated as the primary drug of use or abuse. Source: Colorado Department of Human Services. Drug/Alcohol Combined Data System.

Treatment for Marijuana Use Percent of treatment admissions with marijuana as primary drug, by age group 80. 0% 70. 0% 61.6% 66.5% 71.8% 60. 0% 50. 0% 40. 0% 30. 0% 20. 0% 16.6% 19.1% 22.9% 10. 0% 0. 0% 4.9% 5.5% 6.1% 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 10 to 17 year s 18 to 20 year s 21 year sand older Note: Data reflect treatment episodes where marijuana was indicated as the primary drug of use or abuse. Source: Colorado Department of Human Services. Drug/Alcohol Combined Data System.

Treatment for Marijuana Use Frequency of marijuana use in 30 days prior to treatment 60% 57% 50% 49% 40% 40% 30% 23% 22% 25% 20% 19% 14% 16% 15% 10% 11% 10% 0% No ne 1 to 7 days 8 to 21 days 22 days or mor e 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Source: Colorado Department of Human Services. Drug/Alcohol Combined Data System.

Marijuana Sales and Excise Taxes 25, 000,00 0 FY 2017: $210 million (+78%) 20, 000,00 0 Total monthly sales and excise taxes 15, 000,00 0 10, 000,00 0 FY 2015: $102 million FY 2016: $141 million (+60%) 5, 000, 000 0 Jan-14 Mar-14 May-14 Jul-1 4 Sep -1 4 Nov-14 Jan-15 Mar-15 May-15 Jul-1 5 Sep -1 5 Nov-15 Jan-16 Mar-16 May-16 Jul-1 6 Sep -1 6 Nov-16 Jan-17 Mar-17 May-17 Source: Colorado Department of Revenue, Marijuana Enforcement Division. Note: Includes regular sales tax for medical (2.9%), regular sales tax for retail (2.9%), special sales tax for retail (10%), and excise tax for retail (15%). The Colorado fiscal year runs from July 1 st to June 30 th.

Contact Information Jack K. Reed Colorado Division of Criminal Justice 700 Kipling St., Suite 1000 Lakewood, CO 80215 Jack.Reed@state.co.us 303-239-4330