Pubdate: Sun, 22 Mar 2015
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2015 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Authors: Pula Davis, Wayne Laugesen, Christine Tatum

ADDRESSING DRIVER IMPAIRMENT DIFFICULT

In Colorado, if you drive while impaired by drugs such as marijuana, 
you can be arrested and charged with a DUI. But the logistics of 
determining a driver's level of THC (marijuana's active ingredient) 
impairment have yet to be standardized, and there is no continuity in 
reporting arrest data for marijuana impairment.

The state's marijuana driving impairment limits could be entirely too 
high. A recently released report issued by the Colorado Department of 
Public Health and Environment is at odds with that limit. State 
officials also concede the toll THC takes on road safety is likely 
underreported and that Colorado's law enforcement agencies and the 
Colorado Department of Transportation aren't equipped to gather the 
data needed to determine a full and accurate scope of the problem.

"The challenges with the data are that reporting is not specific to 
marijuana, there are not clear standards for reporting marijuana 
impairment, and there is not consistency or standardization in 
reporting from local levels to the Colorado Department of 
Transportation," states a September report released by the Governor's 
Office of Marijuana Coordination. "While fatality data associated 
with marijuana use are available, there is limited information on 
accidents not involving fatality or serious injury."

Then, there's this from the same report:

"Based on several review papers, it is estimated that there is a 
twofold increase in the risk of an accident if there is any 
measurable amount of THC in the bloodstream. Risks can be even higher 
when marijuana is used in combination with alcohol. Blood-alcohol 
content can be tested on the side of the road with a Breathalyzer, 
but the same is not true for marijuana."

Medical experts warned state lawmakers that even 1 nanogram of THC 
per milliliter of whole blood could double the risk of a car accident.

Nevertheless, the state Legislature set the THC impairment limit five 
times higher.

"The current policies are not rooted in science," said Marco Vasquez, 
chief of the Erie Police Department and a member of a state task 
force appointed to identify data the state of Colorado needs to 
gather and analyze to determine marijuana's impact on key aspects of 
public health and safety. "And while many voters might have been 
well-intentioned, I don't think they understood how difficult, 
resource-intensive and costly the enforcement of just marijuana 
driving laws - forget all of the other marijuana enforcement that has 
to happen - would be."

DUI enforcement shines a harsh light on one of the chief fallacies of 
marijuana-legalization supporters' claims, said Vasquez, who served 
as former chief of investigations for the Colorado Division of 
Medical Marijuana Enforcement.

"When it comes to driving, marijuana is not necessarily safer than 
alcohol - and in practice, (law enforcement) officers all over the 
state will tell you that they're seeing people using both substances, 
which is even worse," he said.

Officers across the state agree. Among them is Sgt. Craig Simpson of 
the Colorado Springs Police Department, who said that even when an 
officer suspects a driver is impaired by alcohol and cannabis, 
"typically, just the alcohol is going to be reported."

Law enforcement officers, including Simpson and Vasquez, give many 
reasons for this. Among them:

The difficulty of determining THC impairment. There are no 
Breathalyzer equivalents to determine marijuana impairment easily, 
and because many drivers pulled over on suspicion of THC impairment 
register at less than the state's 5 nanogram limit, convictions are 
difficult to land.

The cost of testing. A Breathalyzer and related analysis typically 
costs a department around $30, while the blood tests required to help 
determine THC impairment cost around $300, Vazquez said.

The time required to investigate possible marijuana impairment. 
Because the state is still ramping up training to put more officers 
certified in drug recognition on patrol, even one traffic stop for a 
suspected THC-impaired driver can take an officer who is not 
certified in DRE off his or her beat for several hours.

[sidebar]

The impact of pot on traffic

- - Overall, traffic fatalities in Colorado decreased 14.8 percent from 
2007 to 2012. During the same five years in Colorado, traffic 
fatalities involving operators testing positive for marijuana 
increased 100 percent.

- - In 2007, Colorado traffic fatalities involving operators testing 
positive for marijuana represented 7.04 percent of the total traffic 
fatalities. By 2012, that number more than doubled to 16.53 percent.

The Colorado State Patrol DUID program, initiated in 2014, shows that 
in the first six months of 2014:

- - 77 percent (349) of the 454 DUIDs involved marijuana.

- - 42 percent (191) of the 454 DUIDs involved marijuana only.

- - According to Colorado Department of Transportation Drug Recognition 
Experts coordinator Robin Rocke, in 2013, 192 DREs completed 531 
impaired-driving evaluations of which 330 (62.15 percent) were for 
marijuana as confirmed by toxicology results.

Source: Rocky Mountain High Intensity Drug Trafficking Area report

Day 1: REGULATION

Two important assumptions about successful legalization of marijuana 
in Colorado were:

1.) Regulation would provide a safer solution to the state's drug problems.

2.) By regulating the sale of marijuana the state could make money 
otherwise locked up in the black market.

Today's stories suggest the net gain from taxes and fees related to 
marijuana sales will not be known for a while, as costs are not known 
or tracked well, and there are many other unknowns about pot's 
effects on public health and safety.

About the series

After the first year of recreational pot sales, The Gazette takes a 
comprehensive look at the unintended consequences of legalizing sales 
and use of recreational marijuana.

Day 1: Colorado has a fragile scheme for regulating legal marijuana 
and implementing a state drug prevention strategy.

Day 2: One of the suppositions about legalizing pot was that 
underground sales would be curtailed, but officials say there is 
evidence of a thriving black market.

Day 3: One teen's struggle to overcome his marijuana addiction shows 
how devastating the effects of the drug can be for younger, more 
vulnerable users.

Day 4: Amid the hoopla about recreational marijuana sales, the 
medical marijuana industry is flourishing and has its own set of 
complicated concerns.
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MAP posted-by: Jay Bergstrom