Pubdate: Thu, 07 May 2015
Source: Alaska Dispatch News (AK)
Column: Highly Informed
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Scott Woodham

A FOLLOWUP ON CANNABIS DUI AND A REQUEST FOR READERS

This week we're following up on the driving under the influence 
discussion published April 8. A few Anchorage readers since then have 
asked for more clarity about how DUI evidence works with cannabis in 
Alaska's largest city.

As we discussed that week, the chief chemical in cannabis that's 
believed responsible for impairment is delta-9 THC. As the body uses 
that substance, it changes into different, inactive forms of THC that 
no longer produce a "high," but that are evidence of past use. Levels 
of active THC high enough to cause impairment typically dissipate 
after several hours, but the inactive form can last in the body for a 
month or more depending on individual factors. Both types of THC are 
detectable in blood tests, but the inactive type is more commonly 
associated with urine tests like the ones used for employers with 
zero-tolerance drug policies.

So, to make absolutely certain: Are the inactive forms of THC, also 
known as THC metabolites, used as evidence in cases of people 
suspected of operating motor vehicles under the influence (OUI)?

"The answer is no," said Anchorage municipal prosecutor Seneca Theno, 
"Metabolites are not used as direct evidence of impairment in an OUI case."

Pretty clear cut there.

So what about reporting crime statistics? Do metabolite levels figure 
into the definition of a marijuana-involved OUI for purposes of 
reporting stats on drugged driving?

In that April installment of Highly Informed, Anchorage Police Chief 
Mark Mew identified a few problems posed by cannabis impairment, and 
testing for it, when it comes to gathering statistics. But he was 
able to give a rough estimate that between legalization day and the 
first week of April, APD suspects "marijuana involvement" in two 
dozen cases. Those cases include ones where a suspect blew lower than 
.08 percent for blood alcohol content but was showing signs of 
impairment anyway. Mew said that it's not possible now for his 
department to determine how many people suspected of impaired driving 
are both drunk and high on cannabis at the time of their arrest.

Mew said in a followup that he is unsure that we'll ever get the 
level of precision we'll need to really know for certain how many 
Alaska cases marijuana is involved in. "The question," he wrote, "of 
whether 'marijuana is involved' is a decision made by the initial 
responding officer -- essentially a tick box on the face sheet of the 
police report. It may be weeks or months before the lab results come 
back and 'we' know whether that's a metabolite or Delta 9. And 'we' 
may mean the prosecutor. Or the traffic investigator. But if the case 
doesn't go to trial the original officer may never know and, besides, 
the data entry is long done."

Mew said that if police suspect marijuana of contributing to any 
crime, and if they have some corroboration (like smelling it, seeing 
it or getting an admission), then they'll check that box on the 
police report. But Mew said that isn't alleging "proof beyond a 
reasonable doubt for purposes of collecting the statistic." He said 
it's just a call based on common sense that helps police understand 
how often they encounter the contributing factor, whether it's 
marijuana or anything else. Mew said, "We apply the same bar to 
'alcohol involved,' '(domestic violence) involved,' and maybe some 
other things we want to track."

Unscientific survey

Recently, Highly Informed has been hearing whispers about changes 
taking place here and there in Alaska's black market for cannabis, 
but details are sparse. It'll be completely unscientific, and we're 
more interested in information than names, but we're hoping readers 
can help us take a rough snapshot of the cannabis markets that 
consumers statewide are encountering. Have prices changed in your 
area since Ballot Measure 2 took effect?

Let us know where you are, what you're paying for a gram (or any size 
bag, and we'll do the math), and whether the price, selection or 
quality have changed in your area since around Feb. 24. If we get 
enough response, we'll try to assemble the information into something 
we can all learn from.

If you're willing to match info-nugs with folks across the state, 
please send an email with your answers to the questions above to  with "Survey" leading the subject line.
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MAP posted-by: Jay Bergstrom