Marijuana and driving in the United States: prevalence, risks, and laws

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Marijuana and driving in the United States: prevalence, risks, and laws Lifesavers National Conference 2016 Long Beach, California April 4, 2016 Anne T. McCartt iihs.org

IIHS is an independent, nonprofit scientific and educational organization dedicated to reducing the losses deaths, injuries and property damage from crashes on the nation s roads. HLDI shares this mission by analyzing insurance data representing human and economic losses from crashes and other events related to vehicle ownership. Both organizations are wholly supported by auto insurers.

Washington, DC Where are we? Arlington, VA Ruckersville, VA

Alcohol-impaired driving provides a useful comparison

Measuring alcohol impairment Blood alcohol concentration (BAC) describes amount of alcohol in blood, e.g., 0.08 percent BAC indicates 80 mg of alcohol per 100 ml of blood BAC can be measured precisely by analyzing exhaled breath Following arrest for alcohol-impaired driving, evidentiary breath test is inexpensive, easy to administer, and produces accurate and precise measure of BAC Relationship between BAC and amount of degradation in driving performance and driving-related skills and functions is well established across population

Percent of weekend late nighttime drivers with positive alcohol test in national roadside surveys 40 positive BAC 30 BAC 0.08 percent 20 10 0 1973 1986 1996 2007 2013-14

Information on BACs in fatal crashes In national database of fatal crashes, BACs were reported for 71 percent of fatally injured drivers, 27 percent of surviving drivers, and 47 percent of all drivers in 2014 However, BACs are imputed for drivers with missing BACs so that actual or imputed BACs are available for all drivers In 2014, 21 percent of drivers in fatal crashes had BACs of 0.08 percent or higher

Percent of crash deaths involving at least one driver with BAC 0.08 percent By calendar year, 1982-2014 60 50 40 30 20 10 0 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014

Relative risk of fatal crash involvement at various BACs compared with zero BAC Passenger vehicle drivers by age (Voas et al., 2012) 80 60 ages 16-20 ages 21-34 ages 35+ 40 20 0 0.00 0.05 0.10 0.15 0.20 0.25 BAC (g/dl)

Well-established and enforceable body of laws prohibiting alcohol-impaired driving In all states, per se laws make it a crime to drive with BAC of 0.08 percent or higher Regardless of alcohol test result, police officer may charge person with alcohol-impaired driving based on observed driving and behavioral signs of impairment after driver is stopped All states have strong penalties for drivers convicted of driving while intoxicated (DUI) Most states have administrative driver license suspension laws for refusing or failing alcohol tests License removed after arrest regardless of court outcome

Current knowledge about marijuana and driving

Measuring marijuana in a driver s system Absorption, action, and elimination from body difficult to predict and considerable difference across individuals Unknown sensitivity of tests to repeated use of marijuana Tests may be based on THC (psychoactive ingredient of cannabis) or metabolites that may persist in blood, urine, or oral fluid for several weeks following use Blood far superior to urine in indicating drug is active, although blood test also imperfect measure of recent use Oral fluid increasingly regarded as readily available and unobtrusive alternative for testing drugs Research to date shows good correspondence with blood No evidence-based threshold for impairment

Prevalence of marijuana among drivers

Percent of weekend late nighttime drivers with positive drug test in national roadside surveys 20 15 any illegal drug marijuana (THC) medications 10 5 0 2007 2013-14

Information on marijuana use among drivers in fatal crashes After alcohol, marijuana most common drug Of drivers with drug test results in 2014, 14 percent had positive marijuana test However, drug test results available for only about 39 percent of drivers, and no means to estimate missing drug results Drug testing varies widely across jurisdictions who is tested, types of drugs tested, specimens (blood, urine, saliva), thresholds for positive test, test protocols Presence but not amount of drug available; positive test does not necessarily indicate impairment Therefore, impossible to derive reliable estimate of prevalence of marijuana use among drivers in fatal crashes

Effects of marijuana on driving performance and crash risk

Effects of marijuana on driving performance Using marijuana just prior to driving increased driver reaction times and impaired distance estimation and lane-keeping in simulator and on-road studies Higher doses generally related to greater impairments Federal studies found that unlike alcohol impairment, drivers dosed with marijuana tend to compensate for their impairment Adverse effects on driving performance appear relatively small Recent study found that low-dose alcohol led to increased speeds whereas THC led to slower speeds and increased following distance, and THC mitigated drivers tendency to drive faster with alcohol Other research found that drivers dosed with marijuana may not fully compensate for their deficits, especially at higher doses

Prior research on marijuana s effects on crash risk Studies using a variety of methods have found conflicting results Some studies found using marijuana could more than double crash risk, while others found a minimal or no effect Challenges in prior research Marijuana often used with alcohol Some studies relied on drivers self-reported marijuana use Some studies relied on urine tests, which can detect marijuana used several days prior Difficult to find adequate control group of non-crash-involved drivers or other mechanism to account for confounding factors like driver age and gender or other lifestyle factors, bias in which drivers are tested after crashes, etc.

New drug and alcohol crash risk study National Highway Traffic Safety Administration, 2015 Presence of alcohol and drugs among 3,095 crash-involved drivers compared with presence among 6,190 non-crash-involved drivers in Virginia Beach, Va. Two control drivers randomly selected from traffic stream one week after crash at the same time of day, location, and direction of travel as crash-involved drivers Data collection Breath test for alcohol Saliva test for over-the-counter, prescription, and illegal drugs

Percent of control and crash drivers who were drug positive by drug class 10 8 6 control drivers crash drivers 4 2 0 marijuana (THC) stimulants narcotic analgesics sedatives antidepressants

Percent change in crash risk associated with marijuana (THC) 40 35 30 25 20 15 10 5 0 unadjusted adjusted for demographic variables adjusted for demographic variables and alcohol

Percent change in crash risk associated with other drugs, adjusted for driver demographic variables and alcohol 50 40 30 20 10 0-10 -20 antidepressants narcotic analgesics sedatives stimulants

Percent change in crash risk associated with alcohol and drugs, adjusted for demographic variables 700 600 500 400 300 200 100 0-100 no alcohol, positive drug 0 < BAC < 0.05%, no drug 0 < BAC < 0.05%, positive drug BAC 0.05%, no drug BAC 0.05%, positive drug

State marijuana laws

Laws decriminalizing marijuana use March 2016 WA OR CA NV ID UT AZ MT WY CO NM ND SD NE KS OK TX MN IA MO AR LA WI IL MS MI IN OH KY TN AL GA PA WV VA NC SC ME VT NY NH MA RI CT NJ DE MD DC HI AK FL Source: National Conference of State Legislature

Laws legalizing some uses of marijuana March 2016 WA OR CA NV ID MT UT AZ WY CO NM ND SD NE KS OK TX MN IA MO AR LA WI IL MS MI IN OH KY TN AL GA PA WV VA NC SC ME VT NY NH MA RI CT NJ DE MD DC Limited medical marijuana use Medical marijuana legal HI AK FL All uses legal Source: National Conference of State Legislature

Overview of drugged driving laws Every state prohibits driving under the influence of drugs (DUID) Definition of prohibited drugs varies, e.g., intoxicating substances, any controlled substance, any drug As with alcohol, drug testing occurs after arrest, after police officer establishes probable cause based on behavioral signs of impairment Laws specify whether to test with blood, urine, or saliva, or some combination States vary as to whether they test only for the psychoactive ingredient or also test for the metabolites In states with per se laws, it is a crime to drive with the presence of marijuana at or above the specified amount In states without per se laws, proof of impairment is based on evidence about test results and behavior indicating impairment

Per se laws for driving while impaired by marijuana March 2016 WA OR CA NV ID MT UT AZ WY CO NM ND SD NE KS OK TX MN IA MO AR LA WI IL MS MI IN OH KY TN AL GA PA WV VA NC SC NY NJ VT NH DC CT DE MD ME MA RI Zero tolerance laws HI AK FL Threshold above zero 5 nanograms permissible inference of impairment Source: National Conference of State Legislature

Conclusions Laboratory studies show link between recent marijuana use and driving skills, especially at high dosages Marijuana is increasing in prevalence among drivers, but the strongest study of crash risk to date found no increase in crash risk associated with marijuana use after controlling for relevant covariates Crash risk associated with specific amounts of marijuana unknown

More information and links to our YouTube channel and Twitter feed at iihs.org Anne T. McCartt, Ph.D. Senior Vice President, Research amccartt@iihs.org, 703-247-1534 iihs.org