Ending Marijuana Prohibition in Colorado

A view from the Colorado Highway Safety Office

Glenn Davis:
Manager of Highway Safety for Colorado
Department of Transportation (CDOT),
Governor's Highway Safety Office (HSO) since
2004.
Retired from Littleton Police, Littleton Colorado.
1979-2004

Objectives:

FIGHTING MARIJUANA
LEGALIZATION
National Working Group Meeting

Prevent the spread of new

medical marijuana
initiatives
Stop any more states from
legalizing marijuana for
recreational use
Start planning to repeal
medical and recreational
marijuana laws
Plan new approaches for
marijuana policy in the
United States
Good To Know

Advocate

Candor
Realist

Colorado Marijuana Environment

Amendment 20: 2000-2008
Medical MJ Expansion: 2009-Tipping Point

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

Amendment 64 Campaign

Road to reform
Amendment 64
Yes on 64
Tancredo 64
Safer Communities
Melissa
Hey Mom
Hey guys No to 64

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

Constitutional Amendments
20 Medical vs. 64 Recreational
Amendment 20 Medical
(2000)

Amendment 64 Recreational
(2014)

Debilitating medical condition

Anyone 21 can . . .

Affirmative defense or exemption

for possession

Caregivers provide product

Plant count
A person < 21 can legally obtain
medical marijuana
Caregiver can be 18 years old
Tax 6%

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 time)

Can assist others with growing

Legal to transfer 1oz or less without
remuneration
Tax 28%

Amendment 64 Implementation
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 PatrolImpaired Driving Issues)

http://www.colorado.gov/cms/forms/dor-tax/A64TaskForceFinalReport.pdf

Amendment 64 Traffic Safety

Recommendations
Advanced Roadside Impaired Driving
Enforcement (ARIDE) Peace Officer Standard
Training (POST) requirement.
Definition of Marijuana Impairment

Amendment 64 Traffic safety

Recommendations/Dispositions
(ARIDE) Peace Officer Standard Training (POST)
encouraged to be a requirement.
$98,000 to train DREs to be ARIDE instructors

Amendment 64 Traffic safety

Recommendations/Dispositions
Colorado Definition of Marijuana Influence
(Impairment):
5ng or more of delta 9-tetrahydrocannabinol per
milliliter of the whole blood = permissible inference of
influence

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!

Colorado only Reasonable Inference State

Now

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.

Know your data/example

80

Fatalities Where an Operator Tested

Positive for Marijuana

70
60

25*

50

40
53

30
20

63

37

39

43

47

49

2006

2007

2008

2009

2010

10
0

Not Included in FARS Data

2011

2012

SOURCE: NHTSA, FARS, CDOT.

*RMHIDTA (**2012 only)

Drugged Drivers Involved in Colorado Fatal Crashes

Washington Research /

Crash Year

Fatalities

Drivers
Involved

Number of Drivers
Tested for Drugs

Number of Drivers with Positive Drugs Found

Number of Fatalities Involving a "Drugged

Driver"

Number of Drivers Tested Positive for

Cannabis

Number of Drivers Tested Positive for Cannabis

plus Other Drugs

Number

Percentage (%)

Number

Percentage (%)

Number

Percentage (%)

Number

Percentage (%)

2003

642

876

360

123

14.0%

146

22.7%

40

4.6%

16

1.8%

2004

667

951

226

43

4.5%

52

7.8%

20

2.1%

10

1.1%

2005

606

847

392

85

10.0%

94

15.5%

29

3.4%

0.8%

2006

535

721

355

75

10.4%

85

15.9%

27

3.7%

11

1.5%

2007

554

789

348

81

10.3%

94

17.0%

26

3.3%

0.5%

2008

548

712

353

72

10.1%

89

16.2%

31

4.4%

1.1%

2009

465

653

291

82

12.6%

89

19.1%

37

5.7%

0.8%

2010

450

601

292

75

12.5%

83

18.4%

42

7.0%

1.5%

2011

447

587

301

93

15.8%

107

23.9%

52

8.9%

1.5%

2012

474

632

288

78

12.3%

89

18.8%

36

5.7%

1.4%

2013

481

627

293

108

17.2%

128

26.6%

44

7.0%

12

1.9%

2014

488

684

310

120

17.5%

136

27.9%

83

12.1%

25

3.7%

Future Challenges/Impaired Driving

State Position/DATA
Q: What about DUIDs? Are more people
smoking and driving because of legalization?

1) Heres what we know: Colorado State Patrol statistics show that, through
November 2014, 611 of a total of 5,076 (12%) of impaired-driving citations
were issued for marijuana-only citations.

This will form the baseline for future measurements, as this was the first
year that marijuana-related citations were compiled separately from all
other DUI/DUID citations. That means we cant compare these numbers to
those of previous years.

Additionally, these data only reflect citations issued by CSP, not by other law
enforcement agencies throughout the state.

Driving Under Influence

Colorado State Patrol DUI Citations
1800
64

1600

203
49
156

1400
1200

44
152

43
163

1000

44
169

48
147

893

940

Q1 2015

Q2 2015

800
1432

600

1253
1074

1113

400
200
0

Q1 2014

Q2 2014
Alcohol only

Q3 2014
Q4 2014
Total Marijuana Citations
Other drugs

Note: Citation type is classified according to the troopers impressions of the reason for impairment. Total Marijuanacitations include
marijuana alone, marijuana plus alcohol, and marijuana plus other drugs.
Source: Data provided by Colorado State Patrol, 7/9/2015.

Current Environment/DUI
C.R.S. 42-4-1301
Driving under the influence/ impaired:
Misdemeanor for a person under the influence (substantially incapable) or impaired (slightest
degree) of alcohol or one or more drugs, or a combination of both alcohol and one or more
drugs to drive a motor vehicle.

Challenges:

DUI statute includes all impairing substances: Alcohol, Cannabis, Narcotics, Toxic Vapors etc.
No incentive for more investigation once an impairment (Alcohol) is established
DUID?
Data? Pre Marijuana Legalization, Colorado State Patrol Data Efforts
Poly drug use in drivers (Alcohol-Cannabis?) 4ng THC, .04 BAC?

Current Environment/Preliminary Testing

Preliminary Testing:
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 Testing at roadside is limited to alcohol testing by statute.
Technology exists, statute prohibited

Current Environment/Express Consent

Express Consent (Drugs):
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 after 2 months of no driving and 2 years ignition interlock

Consenting drivers can be revoked for exceeding Alcohol level (.08 BAC) not for exceeding
THC level (.5ng)

Current Environment/Peace Officer Training

Peace Officer Training:
Peace Officers 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

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?

Colorado Impaired Driving MJ Summary

One statute for DUI (alcohol/drugs)
Preliminary testing devices exist but, cannot be used under current statute
Arrestee can refuse chemical testing (+30%)
All drivers in fatalities not tested (+40%)
Law Enforcement:
Academy training is 24hrs specific to DUI alcohol involved
SFSTs were validated in 1980s for impairment at .100 Blood Alcohol Concentration
CDOTs goal of 300 Drug Recognition Experts would be less than 2% of Colorado Law
Enforcement Population
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
Dont believe marijuana impairs driving
MJ Driving Washington
GHSA_DruggedDriving2015

CDOT Marijuana Impaired Driving Campaign

First Campaign Marijuana Impaired Driving 2011

CDOT PR Team on Research

Conducted Survey Research

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

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

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 its 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

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

NHTSA Drug and Alcohol Crash Risk Study

Largest such study conducted to assess the comparative 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 statistically significant findings.

Drivers at alcohol level of 0.08 percent, were about four times (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

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.
https://www.codot.gov/safety/alcoho
l-and-impaireddriving/druggeddriving

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 positive feedback, had
dispensaries requesting more and saying that they stapled the FAQ to packaging.
Drive High, Get a DUI' campaign launches
High Get a DUI MJ Driving

Latino Marketing

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 $48,241.41 publicity
value
Online: 764 placements, over 871 million
impressions and $405,567.60 publicity
value
TV: 67 placements, over 13 million
impressions and $949,838.69 publicity
value

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

4/20 & The Cannabis Cup

The 5th Annual Cannabis Cup in Denver
attracted 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
creative way, we made custom labels
(see label on left) with information
about marijuana laws and attached
them to thousands of bags of Cheetos
and Goldfish.
Overall responses from attendees were
extremely positive. People immediately
noticed the label on the front and
shared pictures of it via social media.

4/20 & The Cannabis Cup:

Event Pictures

4/20 & The Cannabis Cup:

Event Pictures

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.

4/20 & The Cannabis Cup:

Results

4/20 & The Cannabis Cup:

Results

Colorado law-enforcement-switch-message-to-safe-pot-use
https://www.dropbox.com/sh/p0ieyzmi7z1vawi/AAAGFO1X
SfOjpqdEOe3qUgjxa?dl=0

Drive High Get a DUI

Opportunities/Responsibilities
Evaluation of statutes:
The Colorado Task Force on Drunk or Impaired Driving supports:
Preliminary testing devices of drug involvement
Creation of new statistical tracking to properly document the number of DUI arrests
categorized by alcohol involved, drug involved and alcohol and drug involved*
Fatal Analysis Reporting System (FARS)
CDOT, CTFDID=Responsibilities: Learn/Lead
Examples:
Partner with national partners to evaluate Standard Field Sobriety Testing (Drugs)
Evaluate use of marijuana test subjects in Drug Recognition Expert Training labs
Host 2016 IACP/DRE Conference on Impaired Driving in Denver

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

Lessons Learned
Beware the Tipping Point
Position your agency for funding*
Plan for Media early/opportunities-data
Be, find or designate the Expert for impaired driving-marijuana
Advocate for traffic safety. Dont let it get lost.
Seek partnerships early
Focus on what you can change
Keep focus on impairment (ng-device)
Know your partners positions/MJ industry/State/NHTSA
Colorado: Responsibility to Lead, Opportunity to Learn
Use environment for opportunities:

Data
Promote DRE and ARIDE DRE
DRE School Green Lab
Roadside Evaluation (SFST)

Contact
Glenn Davis
CDOT Highway Safety Manager
303-757-9462
glenn.davis@state.co.us