Recreational Marijuana A view from the Colorado Highway Safety Office

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1 Recreational Marijuana A view from the Colorado Highway Safety Office

2 Ending Marijuana Prohibition in Colorado Challenges for the Colorado Highway Safety Office Carol Gould Highway Safety Office Manager

3 November 2000 Amendment 20 Patients with MJ Card from Colorado Department of Health (CDPHE) Patients or caregivers can possess 2 oz. of MJ and grow six plants

4 Amendment 20: ,000 patients with MJ card 90% Chronic Pain No dispensaries CDPHE regulated 5 patients per caregiver

5 Medical MJ Expansion: 2009 The Tipping Point CDPHE Rules of 5 to 1 caregiver to patient ratio challenged Denver Judge rules in favor of challenge No limits for caregivers 2009: 38,000 new MJ card patients

6 Ogden/Cole Memos 2009 Ogden US Deputy Attorney General 2011 and 2013 Cole US Deputy Attorney General

7 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

8 Constitutional Amendments 20 Medical vs. 64 Recreational Amendment 20 Amendment 64 Debilitating medical condition Can posses or purchase up to 2 oz. of marijuana Caregivers/Plant count A person < 21 can legally obtain medical marijuana Caregiver 18 years old Tax 6% Anyone 21 can... 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 as a gift Tax 28%

9 Amendment 64 Campaign Road to reform Amendment 64 Yes on 64 Hey guys No to 64 Vote No on 64 Tancredo 64 Safer Communities Melissa

10 A20 (medical MJ) passes Legislature allowed for medical marijuana dispensaries Legislature allowed for recreational marijuana January 1 -retail marijuana stores open Ogden Memo A64 (recreational MJ) passes by 55.3% Cole Memo

11 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

12

13 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 Patrol- Impaired Driving Issues)

14 Amendment 64 Traffic Safety Recommendations Advanced Roadside Impaired Driving Enforcement (ARIDE) be a Peace Officer Standard Training (POST) requirement. Create a Definition of Marijuana Impairment

15 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

16 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 impairment

17 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 permissible inference!

18 Know your marijuana terms! Delta 9 THC the main psychoactive substance found in marijuana. 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.

19 Know your data! Fatalities Where an Operator Tested Positive for Marijuana 25* Not Included in FARS Data SOURCE: NHTSA, FARS, CDOT. *RMHIDTA (**2012 only)

20 Current Environment/DUI C.R.S 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? No Pre Marijuana Legalization Data

21 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 May conduct a preliminary screening test using a device approved by the director of the department of public health after first advising the driver that the driver may refuse Challenges: Preliminary Testing at roadside is limited to alcohol testing by statute. Technology exists, statute prohibits it

22 Express Consent (Drugs): Current Environment/Express Consent 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)

23 Peace Officer Training: Current Environment/Peace Officer Training Peace Officer s receive 24hrs of SFST and DUI Enforcement training in basic academy training Peace Officer Training Administered by Highway Safety Office: SFST NHTSA funds $45,000 ARIDE DRE-NHTSA funds $50,000 $95, Funds Marijuana Taxes $510,000

24 Roadsides and MJ The issue: 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?

25 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%) 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 Don t believe marijuana impairs driving Law Enforcement: Academy training is 24hrs specific to DUI alcohol involved SFST s were validated in 1980 s for impairment at.100 Blood Alcohol Concentration CDOT s goal of 300 Drug Recognition Experts would be less than 2% of Colorado Law Enforcement Population

26 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) Highway Safety Office: 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

27 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 Advocate for traffic safety. Don t let it get lost. Have a Champion Seek partnerships early Focus on what you can change Keep focus on articulating impairment (not ng-device) Know your partners positions/mj industry/state/nhtsa Use environment for opportunities: Data Promote DRE and ARIDE DRE DRE School Green Lab Roadside Evaluation (SFST) DRE Coordination

28 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 Governor's MJ Working Group MJ Data Group MJ Education Committee

29 CDOT Marijuana Impaired Driving Campaign

30 First Campaign Marijuana Impaired Driving 2011

31 Campaign Timeline August 2013: Information gathering, survey research, focus group research January 2014: Developed creative approach March 2014: Launched campaign

32 CDOT PR Team on Research

33 Information Gathering & Sharing Met with: Governor s Office Colorado Departments of: Health & Environment Revenue Justice Human Services/Behavioral Health Tourism Public Safety/Colorado State Patrol Washington State Traffic Safety Marijuana industry representatives Toxicologists at state lab

34 Information Gathering Results Identified other state agencies working on marijuana-related campaigns and opportunities to collaborate Identified and gathered fatality/crash data and DUI offender evaluation screenings related to marijuana Identified relevant spokespeople and partnerships

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

36 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 it s 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

37 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

38 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

39 Determined Campaign Audience Primary Audience Recreational/casual users Males, 18-34, who: Have a higher binge risk Are likely to combine mj and alcohol Are less likely of marijuana DUI laws and consequences

40 Determined Main Campaign Message: Drive High, Get a DUI

41 Marijuana Impaired Driving Public Education Campaign

42 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.

43 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 Drive High, Get a DUI' campaign launches

44 Latino Marketing

45 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, publicity value Online: 764 placements, over 871 million impressions and $405, publicity value TV: 67 placements, over 13 million impressions and $949, publicity value

46 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

47 4/20 & The Cannabis Cup The 4 th 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.

48 4/20 & The Cannabis Cup: Event Pictures

49 4/20 & The Cannabis Cup: Event Pictures

50 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.

51 4/20 & The Cannabis Cup: Results

52 4/20 & The Cannabis Cup: Results

53

54 North Dakota According to High Times North Dakota tops the list as the last State to legalize Iowa, Arizona, Oklahoma Tie between Idaho/Utah/Wyoming

55 Contact Carol Gould, CDOT Highway Safety Manager

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