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Adult Use Cannabis Task Force Presentations December 6, 2017 - Meeting # 4

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Adult Use Cannabis Task Force Presentations December 6, 2017 - Meeting # 4 Adult Use Cannabis Task Force Presentations December 6, 2017 - Meeting # 4 CONTENTS Cannabis Impaired Driving 2 Direct Criminal Law Implications 18 DSHS Cannabis Presentation 26 FAQs for Toxicology Testing 2017 45 Law Enforcement Perspective & Other Criminal Justice Concerns 46 Marijuana Impact Report 50 Marijuana Legalization and the Office of Defense Services 172 Task Force Presentation 181 Cannabis Impaired Driving Delaware Adult Use Cannabis Task Force December 6, 2017 Cathy Rossi, Vice President Public and Government Affairs AAA Mid-Atlantic Cannabis Impaired Driving • Next to alcohol, marijuana is the drug most commonly found in drivers involved in collisions. (1) • THC in marijuana affects driving (2) (3) : Reduced peripheral / side vision Reduced coordination Harder to stay in traffic lane & judge distances Slower reaction times & decision making Difficulty maintaining attention (1) Brady, 2014. Trends in alcohol and other drugs detected in fatally injured drivers. (2) Hartman & Heustis, 2013. Cannabis effects on driving skills. (3) Lenné, et. al., 2010. The effects of cannabis and alcohol on simulated arterial driving. 2 Cannabis Impaired Driving • Drivers testing positive for THC were three to seven times more likely to be responsible for having caused the collision. (2) • Acute cannabis consumption is associated with increased risk of crashes, especially fatal collisions. (4) • And, some studies show crash risk doubles for drivers using marijuana. (4) (2) Hartman & Heustis, 2013. Cannabis effects on driving skills. (4) Asbridge, Hayden & Cartwright, 2013. Acute cannabis consumption and motor vehicle collision risk. 3 In Washington State • Teens perceive little risk of regular marijuana use. 45% of 12th graders perceived no/slight risk to regular use. • Teens are driving after using marijuana. 51% of the 12th graders (several newly licensed drivers) who reported using marijuana in the past 30 days reported driving within 3 hours of using marijuana at least once in the past 30 days. (6) (6) In fall 2016, over 230,000 students participated in the Healthy Youth Survey. Over 1,000 schools administered the survey, representing all 39 Washington counties and 236 school districts. 4 In Oregon • Approximately 50% of 11th graders who drive and use marijuana said they drove within three hours of using marijuana 5 In Colorado An August 2017 Denver Post analysis (5) of data and coroner reports found More drivers are testing positive for marijuana and nothing else. Of drivers involved in fatal crashes in 2014 who tested positive for cannabinoids, more than 52% had no alcohol in their system. By 2016, it had grown to 69%. (5) Denver Post: Exclusive: Traffic fatalities linked to marijuana are up sharply in Colorado. Is legalization to blame? August 25, 2017 6 7 8 A Cautionary Tale: Maine Governor’s veto, “wild west” scenario • Gov. LePage vetoed a bill creating the legal framework for recreational marijuana on November 3, 2017. (6) • A ballot-box law remains in effect, which legalizes the possession - but not the selling - of cannabis. “Over the last nine months, we found out just how flawed that [ballot box] law is. Going back to that, it would be chaos, confusion. We’ll be throwing oxygen on the fire of the black market. It will be the wild, wild West in Maine.” -- Sen. Roger Katz, R-Augusta, referring to the initiative approved by voters last November that his committee spent months refining. (6) Press Herald: Maine House upholds LePage’s veto of recreational marijuana regulations (Nov. 6, 2017) 9 What Delaware Drivers Think If marijuana is legalized for recreational use, how concerned are you about the dangers posed by others driving under the influence of the drug? Very Concerned (51%) Somewhat Concerned (23%) Somewhat Unconcerned (19%) Very Unconcerned7 Cannabis Impaired Driving: (June 2017, Survey by Public Policy Polling of 815 Delaware Drivers.) 10 Cannabis Impaired Driving – What AAA Is Doing • Initiating new research by AAA Foundation for Traffic Safety to better define risks posed by cannabis-impaired driving • Urging states to collect more high-quality data – especially drug screening for all suspected substance-impaired crashes • Collaborating with safety partners to reduce drugged driving Partnering with Highway Safety Offices and law enforcement Supporting Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training AAA judicial education pilot project to prepare DREs for testifying in court (December 2017 in Baltimore) 11 Drugged Driving Thresholds- Cannabis Arbitrary legal limits (per se) are unsupported by science • No roadside technology exists that can measure THC in the brain (where impairment occurs) In states where cannabis is legal, AAA urges states to use a two- component system for “permissible inference” that requires: 1. Behavioral and Physiological evidence of driver impairment (specifically by Drug Recognition Experts or Advanced Roadside Impaired Driving Enforcement trained officers) 2. a positive toxicology result for active THC in whole blood 12 Facts • Cognitive and psychomotor effects of cannabis can impact vehicle control and judgment • More DRE and ARIDE training for law enforcement needed • Vast majority of Delaware drivers are concerned about roadway safety • Other states say wait; gather data and learn from their mistakes • More data to identify prevalence and effects of marijuana-impaired driving (7) • Drug test fatally-injured drivers and build more accurate reporting of drug impairment in crashes before legalization to spot dangerous trends earlier What’s the rush? Legalizing a harmful drug outside federal government parameters multiplies risks. (7) NHTSA Marijuana-Impaired Driving A Report to Congress (July 2017) 13 CBS VIDEO Goes Here 14 Recommendations for Delaware Cannabis Use Task Force • Start collecting data about marijuana involvement in crashes in Delaware and gather drug testing information for drivers in fatal crashes • Train more DREs and ARIDE law enforcement officers • Follow advice of Governors and officials in states where recreational cannabis has been legalized through ballot initiatives, including: • Wait • Gather more data • Learn from other states’ mistakes • Pause. It’s public safety. HB-110 could have unintended and tragic consequences on our roads and on the quality of life we all wish for in Delaware 15 Cathy Rossi Vice President, Public and Government Affairs AAA Mid-Atlantic [email protected] 302-299-4193 16 Adult Use Cannabis Task Force Direct Criminal Law Implications Presented By: Tom Donovan, Esq. Aspects of the Law Regarding Cannabis that Do Not Change •Still illegal to possess if under 21 years old - civil violation for first offense, unclassified misdemeanor for subsequent offenses •Still illegal to possess over 1 ounce •Still illegal to sell cannabis without a license •Still illegal to cultivate cannabis without a license •Still illegal to manufacture cannabis without a license •Still illegal to operate a vehicle under the influence of cannabis New Penalties Added to HB110 • § 4910B. Unlawful marijuana extraction, penalties. • § 4908B. Providing false identification • § 4914B Verifying the age of cannabis consumers/ Selling Cannabis to persons under 21 Alternatives to New Criminal Penalties – Extraction • Reckless Endangering was previously amended in 1998 to add subsection (a)(2) regarding contributing or failing to prevent the unlawful possession of a firearm by a minor • Recommendation - Amend 11 Del C. § 603 Reckless endangering in the second degree to include Extraction • (3) The person, without a license to manufacture cannabis products pursuant to the Delaware Marijuana Control Act and all relevant regulations: (a)extracts compounds from marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol (ethyl alcohol). (b) extracts compounds from marijuana using ethanol in the presence or vicinity of open flame. Alternatives to New Criminal Penalties - False Identification • The Current Law, and Proposed Amendments to § 4764, Prohibit the Conduct Addressed in Section 4908B • Prosecute attempts to possession cannabis with a false identification as Attempted Possession of Cannabis under 16 Del. C. § 4764 • The use of false identification constitutes a “substantial step” in a course of conduct planned to culminate in the commission of underage possession of cannabis Current Criminal Penalties • Arrests for personal use continue • Costly to enforce • Law Enforcement, Court, Prosecution, Defense, Supervision, Treatment • Collateral consequences negatively affect people and communities • Racially Biased • Does not reduce the use, supply or demand of cannabis DUI • Criminal Penalties (Delaware 4906B) already exist for Driving under the influence of cannabis and taxation and regulation legislation will not change that • There are procedures and tests currently in place that law enforcement officers use to detect driving after consuming cannabis • Probable cause remains the same • Active metabolites • Office of Highway Safety has trained officers in Colorado’s “Green Lab” program • Recommend • Reallocation of resources currently spent on enforcement to fund • Training for drug recognition evaluators, • Fact-based, public education, and responsible consumption campaigns • Emerging technologies for roadside cannabis consumption detection, such as saliva and breath tests, • Just as regulation of the alcohol market and educational campaigns have
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