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The Public Health Framework of Legalized
Marijuana in Colorado
Tista Ghosh, MD, MPH, Mike Van Dyke, PhD, Ali Maffey,
MSW, Elizabeth Whitley, RN, PhD, Laura Gillim-Ross, PhD,
and
Larry Wolk, MD, MSPH
On January 1, 2014, Colorado became the first state in the
nation to sell legal rec-
reational marijuana for adult use. As a result, Colorado has had
to carefully examine
potential population health and safety impacts as well as the
role of public health in
response to legalization. We have discussed an emerging public
health framework for
legalized recreational marijuana. We have outlined this
framework according to the core
public health functions of assessment, policy development, and
assurance. In addition,
we have discussed challenges to implementing this framework
that other states con-
sidering legalization may face. (Am J Public Health.
2016;106:21–27. doi:10.2105/
AJPH.2015.302875)
As one of the first 2 states to legalize rec-reational
(nonmedical) marijuana, Col-
orado has been compelled to carefully examine
potential impacts to the health and safety of the
public. Medical marijuana has been legal in
Colorado since 2000, and marijuana use was
initially viewed as an individual patient–doctor
decision that was outside the scope of
population-based surveillance and public
health policy. This view began to changewhen
the commercial production and distribution of
medical marijuana becamepermissiblein2009.
However, it was the legalization of marijuana
for adult nonmedical use in late 2012 that
prompted a closer examination of marijuana’s
potential public health impact.
On January 1, 2014, Colorado became the
first state in the nation to allow sales of rec-
reational marijuana. The current legal status of
marijuana has compelled the Colorado De-
partment of Public Health and Environment
(referred to as the department hereafter) to
assess the knowledge gaps related to marijuana
and develop reasonable policies to protect
vulnerable populations. This “social experi-
ment”hasfurtherrequiredColoradotodefine
core public health functions as they pertain to
legalized recreational marijuana. In doing so,
the primary goals have been to implement
policies to mitigate potential harmful conse-
quences of legalized marijuana and to collect
the necessary data to measure possible nega-
tive and beneficial effects on the population.
Legalization has highlighted a broad set of
issues resulting from the multiple means of
marijuana use (e.g., smoking, edibles, con-
centrates), the lack of a mature regulatory
structure, and the complications of conflicting
state and federal marijuana laws. The breadth
of issues evolving from the legalization of
marijuana has compelled Colorado’s gov-
ernmental agencies to work collaboratively to
establish a retail sales system that respects the
intention of the voters while striving to
mitigate negative outcomes. With co-
ordination and direction from the Governor’s
Office of Marijuana Coordination, experts
from a variety of state agencies—including
individuals in public and environmental
health, transportation, human services (which
includes child protective services and behav-
ioral health), health care coverage and access,
public safety and law enforcement, revenue,
and education—have been working together
on marijuana-related issues.1 This broad,
multisector collaboration has been essential
for addressing the wide variety of concerns
associated with marijuana legalization and for
ensuring consistent messaging across the state.
Public health sector professionals have
adopted a similar multidisciplinary approach. As
local and state health agencies have defined their
marijuana-related roles, secondhand smoke
prevention specialists have gotten together
with environmental health and food safety
experts, acute and chronic disease epidemiol-
ogists, toxicologists, laboratorians, maternal–
child health and health communications
experts, and poisoning and injury prevention
specialists. Together, this diverse group of
professionals has developed a public health
framework for legal recreational marijuana.
We have presented this public health
framework. Our main objectives are to share
the framework, highlight challenges to
implementing this framework, and provide
guidance to public health agencies in other
localities where marijuana legalization is be-
ing considered. We have outlined this public
health framework for marijuana according to
the core functions of public health.2 These
include (1) assessing health issues through
monitoring and investigation, (2) developing
policy through education and community
partnerships, and (3) providing assurance
through enforcement, a competent work-
force, and evaluation (Figure 1).
ASSESSMENT
As part of the assessment function, the
department has been broadly charged with
monitoring patterns of marijuana use and the
health effects of use.3 The department is
implementing these tasks by incorporating
marijuana-related questions into existing
population-based surveys and the state trauma
ABOUT THE AUTHORS
All of the authors are with the Colorado Department of Public
Health and Environment, Denver.
Correspondence should be sent to Tista Ghosh, MD, MPH,
Colorado Department of Public Health and Environment, 4300
Cherry Creek Drive S, Denver, CO 80246 (e-mail:
[email protected]). Reprints can be ordered at
http://www.ajph.org by
clicking the “Reprints” link.
This article was accepted August 17, 2015.
doi: 10.2105/AJPH.2015.302875
January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed
Perspectives from the Social Sciences 21
AJPH PERSPECTIVES
mailto:[email protected]
http://www.ajph.org
registry, passive surveillance of hospitaliza-
tions and emergency department discharges,
and pilot surveillance projects on special
at-risk populations such as pregnant women
and children at risk for accidental ingestion. In
addition, the department has convened
a scientific review panel, with expertise in
fields such as neonatology, pulmonology,
toxicology, pharmacology, and psychiatry.
This group has systematically reviewed
the literature on the potential adverse health
effects of marijuana and has provided rec-
ommendations on further improving
surveillance efforts.
Monitoring Prevalence of Use
To monitor patterns of marijuana use, the
department sought to use existing health
behavior surveys to estimate prevalence by
county or health district. The major issue with
this strategy was a lack of validated
surveillance questions related to marijuana. In
the absence of validated questions on fre-
quency and dosage, methods of use, behaviors
while impaired, storage of marijuana products
at home, cultivation and manufacturing of
marijuana products, and more, the de-
partment relied on literature reviews and
stakeholder feedback to outline initial sur-
veillance questions.
Because of a lack of funding sources before
revenue collection, the department was un-
able to collect baseline data before the January
1, 2014, implementation of the retail pro-
duction and sales system. Since that time,
however, the department has added questions
to a variety of population-based surveys that
monitor behaviors. These include the Be-
havioral Risk Factor Surveillance System,
which focuses on adult behaviors, the Preg-
nancy Risk Assessment Monitoring System,
which focuses on behaviors during preg-
nancy, and other population-based surveys
that focus on behaviors in youths, such as the
Youth Risk Behavior Surveillance System,
which is implemented through the Healthy
Kids Colorado Survey.
Annual or biannual data collection will
allow the department to establish a delayed
baseline for the prevalence of marijuana use
and to monitor changes in use patterns over
time. Monitoring these patterns will allow the
state to better focus prevention efforts on
populations at the highest risk for adverse
effects stemming from marijuana use. The
department plans to add questions in future
surveys to further characterize the frequency
and methods of marijuana use and evaluate
unintended consequences of legalization.
Monitoring Health Effects
To monitor health impact, the depart-
ment has started to analyze data on
marijuana-related hospitalizations, emer-
gency department visits, payer claims, mor-
tality, and birth defects on an annual basis to
identify possible trends in acute and chronic
health effects. In addition, self-reported
marijuana use has been added to the statewide
trauma registry. The department is also
working with other state agencies to explore
better data sources for driving while under the
influence of drugs and for blood test results
that are higher than the recently established 5
nanograms per milliliter blood limit for delta 9
THC (tetrahydrocannabinol),4 the psycho-
active ingredient in marijuana. Colorado has
no current systematic method to collect ac-
curate reports on the numbers of suspected
and confirmed marijuana-related driving
while under the influence of drugs cases in the
state. Thenational Fatality Analysis Reporting
System confirms onlythe presenceof a drugin
the driver of a fatal crash, not the level of
impairment associated with the drug, and does
not capture data on serious injury crashes.5
The department and local public health
agencies have also started pilot surveillance
sites around the state to monitor ski or rec-
reational injuries related to marijuana use in
resort communities and to monitor un-
intentional poisonings in younger children.
Poisonings among younger children are of
particular interest, because a recent Colorado
study found an increase in such poisonings
after the legalization of medical marijuana in
the state in 2000,6 and recent reports from
Monitor
Investigate
Inform and
Educate
Mobilize
Partnerships
Develop
Policies
Enforce
Laws
Ensure a
Competent
Workforce
Evaluate
ASSESSMENT
POLICY DEVELOPMENT
ASSURANCE
FIGURE 1—Public Health Framework for Legalized Marijuana:
Colorado Department of
Public Health and Environment, 2015
AJPH PERSPECTIVES
22 Perspectives from the Social Sciences Peer Reviewed Ghosh
et al. AJPH January 2016, Vol 106, No. 1
Children’s Hospital Colorado indicate an
increase in the number of children hospital-
ized in 2014 over the previous year.7
Another surveillance concern is related to
acute health effects through contamination or
overconsumption. The medical literature
reports that marijuana can be contaminated
by bacteria, mold, and chemicals such as
pesticides, lead, ammonia, and formalde-
hyde.8–22 The department is working with
emergency departments, the Rocky Moun-
tain Poison and Drug Center, and local health
agencies to explore real-time systems that can
capture an “outbreak” related to contami-
nated marijuana products, which will enable
state agencies to remove those products from
the market as quickly as possible. Foodborne
illness follow-up questionnaires have also
been changed to routinely include questions
regarding the consumption of edible mari-
juana products.
After legalization, Colorado made national
news related to residents’, tourists’, and
newscasters’ overconsumption of edible
marijuana products. Initial regulations for
edible marijuana products sold on the rec-
reational market specified a single serving size
of 10 milligrams of THC and a maximum
of 100 milligrams of THC per single pack-
aged food item, such as 1 cookie.23 The
resulting fact that 1 serving could only be one
tenth of a cookie, combined with the delayed
onset of the effects of THC after eating,
contributed to overconsumption. This in
turn led to increases in calls to the poison
control center,24 increased anecdotal
reporting of overdoses,24 and 3 high profile
deaths.25,26 On the basis of these concerns,
regulations were changed to ensure easier
identification of serving size portions in
a single edible or drinkable product.27
Additionally, the department developed an
enhanced relationship with the Rocky
Mountain Poison and Drug Center to
monitor call volume on this issue.
Challenges to Assessment
There are numerous ongoing challenges to
public health assessment related to marijuana.
One challenge in Colorado is the lack of
robust baseline data on adult marijuana use
and attitudes before the implementation of
legal recreational marijuana in 2014. Another
major challenge has been the lack of validated
survey questions and widely accepted defi-
nitions to capture prevalence, frequency,
and type of marijuana use. This challenge has
been further underscored by emerging
methods of use in the legalized market, in-
cluding edibles, vaporizing, and the use of
concentrates. Monitoring for changes in
marijuana-impaired driving has been ham-
pered by the lack of a comprehensive database
of blood THC measurements and a lack of
consistency in testing when alcohol and
marijuana are used together.
With regard to monitoring for health
impacts, Colorado has faced some challenges
with using administrative data sets such as
hospital discharge and emergency department
data. One example is the lack of specific
International Classification of Diseases, Ninth
Revision28 codes for hospitalization records
related to marijuana use and the inconsistent
application of these codes. Another example
is the lack of consistency in collecting mari-
juana use frequency, timing, and methods
related to hospitalizations and emergency
department visits.
POLICY DEVELOPMENT
Immediately after the legalization of rec-
reational marijuana, the department was in-
volved in developing policies and regulations
to protect the public’s health and safety.
The department was a member of the initial
task force that developed recommendations
and regulations that built on the successes
of the past 50 years of public health progress to
reduce the prevalence of tobacco use, ex-
posure to secondhand smoke, and alcohol-
related problems.
The Guide to Community Preventive
Services (or Community Guide) summarizes
evidence-based strategies to prevent or re-
duce public health concerns. The key rec-
ommendations to reduce tobacco use include
increased unit price, smoke-free policies,
comprehensive control programs, commu-
nity mobilization, mass-reach health com-
munications, and strict retailer licensing and
enforcement.29 The Community Guide also
recommends increased taxes, limited hours of
sale, regulating retail outlet density, and en-
hanced enforcement of licensed retailers.30
A recent article published in AJPH
“Developing public health regulations for
marijuana: lessons from alcohol and to-
bacco,”31 recommended that policymakers
apply effective tobacco and alcohol pre-
vention strategies to the legalization of mar-
ijuana, strategies similar to those listed in the
Community Guide.29,30
Colorado policymakers and the public
implemented many of those recommended
policy strategies, including increasing the unit
price of marijuana by passing a 15% excise tax
on the wholesale product and a 10% sales tax
to increase the price of marijuana. These taxes
are applied only to marijuana that is sold for
recreational use and not to sales of medical
marijuana.32
Colorado lawmakers and voters passed
policy strategies that promote healthy envi-
ronments and prevent the modeling of sub-
stance use for children and adolescents by
applying existing smoke-free policies and
public consumption bans to marijuana. Pol-
icymakers added marijuana to Colorado’s
Clean Indoor Air Act to prevent exposure to
secondhand smoke from both tobacco and
marijuana in public places.33 Additionally,
public and open consumption of marijuana,
including edibles, was explicitly prohibited by
the voter-approved Amendment 64 to Col-
orado’s Constitution.34,35
Policymakers passed strict regulations of
the retail environment that are closely aligned
with the recommendations from the Com-
munity Guide and the AJPH article. Colorado
restricted marijuana use, possession, and
cultivation to adults aged 21 years or older.34
Colorado’s laws on youth access to marijuana
were strengthened, making it a drug felony
offense if an adult more than 2 years older than
the minor gives or sells the minor any mar-
ijuana or related products.35 Furthermore,
Colorado Minor in Possession laws for al-
cohol now include marijuana, ban the pos-
session of drug paraphernalia, and apply Good
Samaritan laws.36
In addition, age and other sales restrictions
have been used. Colorado’s Marijuana En-
forcement Division rules ban the presence of
anyone younger than 21 years in the retail
store and limit the hours of operation of retail
marijuana licensees to 8:00 AM to midnight.
The law requires identification at point of
purchase for proof of age, and it is illegal to sell
marijuana to someone younger than 21
years.37 Local governments can restrict hours
of sales even further and can restrict retail
AJPH PERSPECTIVES
January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed
Perspectives from the Social Sciences 23
stores to limited locations in their commu-
nities far from schools and other youth cen-
ters, if local governments choose to allow the
sale of marijuana at all.37 Furthermore, the
Colorado Department of Revenue will im-
plement a responsible vendor program to
educate retail store employees about mari-
juana’s health impacts, safety practices, and
the importance of restricting youths’ access to
marijuana products.38
Additionally, with stakeholder and com-
munity input, Colorado established rules on
packaging, labeling, and product safety re-
quirements equal to or exceeding those of
tobacco products for recreational marijuana
products. Packaging cannot appeal to chil-
dren or youths younger than 21 years or use
cartoon characters. Strict requirements have
been placed on advertising, including out-
right bans on Internet pop-up advertisements
and any type of advertisement that targets
minors. Advertising is only allowed via
television, radio, print, Internet, or event
sponsorship when it can be documented that
less than 30% of the audience is younger than
21 years. Outdoor advertising is prohibited
other than signs that identify the location of
a licensed retail marijuana store.37
As recommended by the AJPH article,31
Colorado laws established a legal limit for
marijuana-impaired driving. Colorado’s limit
is set at 5 nanograms per milliliter of delta 9
THC in whole blood.39 The Colorado De-
partment of Transportation has implemented
a Drive High, Get a DUI campaign to educate
the public on the law and to prevent impaired
driving.40 Additionally, Colorado law en-
forcement agencies are assessing data collec-
tion and infrastructure modifications to better
track trends in the rate of marijuana-impaired
driving in the state.
Education
Lawmakers tasked the state public health
department with implementing mass-reach
health communications through the release
of a statewide public awareness and education
campaign on the recreational marijuana laws,
which was launched January 2015.41 The
Good to Know Colorado campaign’s tar-
geted messages educate all Colorado residents
and visitors about safe, legal, and responsible
use of marijuana. Key messages educate the
public about the health effects of marijuana
and key laws that prevent youth marijuana
initiation. Additional messaging promotes
safe storage, warns about marijuana use
during pregnancy and while breastfeeding,
and educates on the dangers of underage
marijuana use.
Educational materials provide more in-
formation about safety concerns with eating
or smoking marijuana products, reducing
secondhand marijuana smoke exposure, and
the harms of combining marijuana with other
substances. Prevention messaging campaigns
are one of the few evidence-based in-
terventions shown to increase awareness of
harms and reduce marijuana use at the pop-
ulation level when integrated with commu-
nity-, school-, and family-based prevention
efforts.42 In the first 5 months of the cam-
paign, there were approximately 85 million
media impressions across the state and more
than 200 000 visitors to the campaign Web
site (GoodToKnowColorado.com). The
department has partnered closely with other
state agencies that fund local substance abuse
prevention coalitions and programs to in-
tegrate educational materials and youth pre-
vention messaging into all Colorado
communities.
Additionally, the department is conduct-
ing statewide formative research to help craft
media messages geared toward youths,
pregnant and breastfeeding women, and
Latinos. These culturally responsive and
age-appropriate engagement efforts will
launch soon. Lessons learned from tobacco
prevention efforts will guide marijuana-
related messaging, particularly with regard to
preventing youth initiation.43 All campaigns
will be closely evaluated for impact and
efficacy.
To ensure consistent statewide messaging,
the department has created a Web portal
(Colorado.gov/marijuana) that coordinates
messaging across all state agencies, including
the Department of Transportation’s impaired
driving messages, the Department of Edu-
cation’s messaging for adolescents and
parents, the Department of Revenue’s in-
formation on licensing and enforcement,
and the public health department’s own in-
formation on health impacts. The Web site
also links to all health-related research and
public education materials created for the use
of parents, community agencies, schools, and
health care providers.
The department is also engaging in edu-
cational efforts targeted at specific groups. For
example, the department offers producers
of edible products access to its food safety
trainings to help reduce the risk of foodborne
illness. Although there is no way to guarantee
safety when adding a drug to food, educating
producers about food safety will, at a mini-
mum, reduce the risk of contamination with
certain bacteria and viruses. In addition, as
the scale of marijuana cultivation, product
manufacturing, and sales expands in Colo-
rado, education to prevent occupational in-
juries and illnesses becomes increasingly
important.
As federal resources are limited, the de-
partment has taken the lead role in con-
vening a multidisciplinary task force on
occupational health to assess the physical and
chemical hazards and potential health effects
associated with this industry. This task force
consists of industrial hygienists, safety pro-
fessionals, and occupational medicine phy-
sicians as well as marijuana industry
representatives. The goals of this task force
are to establish policies and best practices to
prevent adverse health effects and to dis-
seminate this information throughout the
marijuana industry.
Challenges in Policy Development
One of the most significant challenges for
policymakers in Colorado is the discordant
regulations for recreational and medical
marijuana. Legalization proponents suggested
that a legal recreational system would reduce
the number of medical marijuana registrants.
However, the opposite has been observed
over the first year of legalization, with the
number of medical marijuana registrants
continuing to grow.44 There are several
policy differences between recreational and
medical marijuana that likely limit the tran-
sition of users, including higher possession
limits, higher grow limits, the ability to
designate a caregiver to grow the user’s plants,
exemption from excise and sales taxes, and the
ability to obtain a medical registration card for
those younger than 21 years.45
For these reasons, it is likely that Colorado
will continue to have a large medical mari-
juana program. The strong medical marijuana
advocacy community and the increasingly
blurry line between medical and recreational
AJPH PERSPECTIVES
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http://GoodToKnowColorado.com
use will continue to make this a challenging
environment for policy development. Cur-
rent state policy priorities are to harmonize
the packaging and laboratory testing re-
quirements of medical and recreational
marijuana.
Policy development is also hampered by
the unique patchwork of federal, state, and
local laws on marijuana. Research to assess
both the beneficial and the adverse health
effects of marijuana is often difficult to con-
duct because of marijuana’s Schedule I drug
designation applied by the US Drug En-
forcement Agency.46 Public universities are
reluctant to participate in marijuana-related
research owing to concerns about federal
funding and their ability to comply with the
Drug Free Schools and Communities Act.47
Organizations providing prevention pro-
gramming may be restricted from accepting
marijuana tax funds because of ambiguity in
federal funding requirements for other ac-
tivities. Furthermore, some local govern-
ments in Colorado have chosen to restrict
marijuana sales, possession, and use in their
jurisdictions.
ASSURANCE
Enforcement is a role that public health
often plays, particularly in relation to res-
taurant and environmental inspections. With
regard to marijuana, the major public health
goals of enforcement are to ensure a product
free of contaminants that is packaged in
child-resistant packaging and properly la-
beled. To streamline the regulation of the
marijuana industry, typical public health
enforcement functions such as product and
food safety have been incorporated into the
overall inspection and enforcement strategy
of the Colorado Department of Revenue,
which also has the critical job of ensuring the
seed to sale tracking of marijuana to prevent
diversion.37 The Colorado Department of
Revenue is inspecting all growers, infused
product manufacturers, and retail outlets.
Some of the public health-related aspects of
these inspections will include food safety is-
sues, pesticide use, proper product labeling,
proper product packaging, and safe marijuana
extraction procedures.
Similar to the recommendations for
tobacco and alcohol prevention of the
Community Guide29 and the AJPH article on
marijuana laws,31 the marijuana enforcement
strategy will include periodic evaluations to
ensure that retail outlets are not selling to
individuals younger than 21 years.37 Al-
though the Colorado Department of Reve-
nue has regulatory authority on these issues,
the department has worked with the Colo-
rado Department of Revenue to apply
standard food safety and food handler training
recommendations to the marijuana-infused
product industry.
In addition, the department has provided
assurance by inspecting and certifying rec-
reational marijuana testing facilities.
Recreational marijuana testing facilities are
to perform potency and contaminant testing
on marijuana plants, concentrates, and edi-
bles. The department’s laboratorians have
developed a testing facility certification
process aimed at protecting public health by
ensuring quality testing. Laboratory subject
matter experts in molecular testing, food
microbiology, and chemical testing are
participating in testing facility inspections
and providing recommendations to improve
the reliability of testing. However, signifi-
cant challenges remain, because of a lack of
national standards on marijuana testing and
a lack of proficiency testing and reference
laboratories.
Ensuring a Competent Workforce
To ensure a competent and informed
public health workforce, the department is
establishing a network of local public health
professionals. This process has started by
identifying primary marijuana points of
contact at each county or city health de-
partment. Frequent communications are sent
to this network that outline local trends, re-
sources, and research. The department also
conducted key informant interviews with
local public health officials to identify
new or emerging issues around the state.
Furthermore, the department has hosted
a marijuana-specific educational conference
for local and state public health professionals
to learn about and discuss marijuana-related
public health topics.
In addition, the department is working to
ensure that health care providers are well
informed about marijuana-related topics. The
department has convened panels of experts to
develop clinical guidelines for screening
pregnant and pediatric patients for marijuana
use. The department will also engage with
hospital emergency departments to inform
them of potential acute events associated with
contaminated products via informational
alerts through the department’s emergency
management system.
Evaluation
Finally, evaluation is another major
component of the assurance function of
public health. The department will closely
evaluate all data collection and surveillance
efforts for efficacy and benefit. The de-
partment has also contracted with a local
university to evaluate the effectiveness of its
marijuana education campaigns in increasing
accurate knowledge of recreational marijuana
laws, health impacts of marijuana use, safe
storage practices, and preventive behaviors.
Additionally, the evaluation will assess
changes to Colorado residents’ perceptions of
risk related to problematic use of marijuana
across the state, including use during preg-
nancy or while breastfeeding, youths’ use of
marijuana, secondhand marijuana smoke
exposure in the home, marijuana-impaired
driving, and public use of marijuana products.
To evaluate these outcomes, the evaluator
will use surveillance data, telephone surveys,
community-based surveys to reach targeted
populations, and analytics on postmedia buys
and the Web site to determine reach across
target audience subgroups.
Challenges in Assurance
Despite the work of public health to ad-
dress marijuana surveillance and prevention
since the legalization of recreational mari-
juana in November 2012, the department did
not receive any funding until April 2014. At
that time, the state provided minimal funding
for staff time for surveillance and to convene
the panel of health experts.
The department received approximately
$7 million from the marijuana tax cash fund
beginning July 1, 2014, to fund personnel,
surveillance, data purchasing, and media
campaigns.41 In the absence of that funding,
staff absorbed this work on top of their
existing tasks and responsibilities. The de-
partment recommends that states considering
AJPH PERSPECTIVES
January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed
Perspectives from the Social Sciences 25
legalization identify funding for surveil-
lance and staff time as early as possible to
begin establishing baseline data and con-
vening stakeholders to address marijuana
legalization from the public health
perspective.
CONCLUSIONS
The issues related to the legalization of
marijuana require a robust regulatory and
public health framework consistent with the
core public health functions of assessment,
policy development, and assurance. Because
of the lack of a federal infrastructure for
regulating marijuana, state health de-
partments often find themselves in new roles
with little resources or support. Furthermore,
the breadth of public health issues associated
with marijuana requires close collaboration
among state agencies responsible for mari-
juana (and often liquor) enforcement, public
safety, agriculture, and behavioral health.
These issues also necessitate multidisciplinary
collaboration among health department
programs, including staff members who work
in disease surveillance, behavioral risk factor
surveys, the public health laboratory, injury
and poisoning prevention, and food safety,
among others.
As other states confront these issues, it will
be important to consider these public health
roles in advance to align and preallocate
future tax funding with anticipated needs.
Particularly important lessons learned in-
clude the thoughtful collection of baseline
marijuana use data through population-
based surveys before legalization and the
timely development of public health cam-
paigns for youth prevention and responsible
use for adults.
A major success of the Colorado experi-
ence was the close involvement of public
health officials during the development of
marijuana regulations, allowing a proactive
approach to implementing important public
health policy interventions such as advertising
and sales restrictions, child-resistant packag-
ing, and protections to prevent secondhand
smoke exposure. Finally, the first year of
legalization in Colorado has demonstrated the
need for the continued engagement of public
health in marijuana-related issues to promote
timely policy changes as new health issues
arise.
CONTRIBUTORS
T. Ghosh was the primary author and conceptualized and
drafted the article. M. Van Dyke, A. Maffey, E. Whitley,
and L. Gillim-Ross contributed to drafting and revising
the article. T. Ghosh, E. Whitley, and L. Wolk approved
the final version of the article.
ACKNOWLEDGMENTS
We thank Jeff Lawrence and Elyse Contreras of the
ColoradoDepartmentofPublicHealthandEnvironment.
HUMAN PARTICIPANT PROTECTION
No protocol approval was necessary because this study did
not involve human participants.
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1. Senate Bill, 13-283 (CO 2013).
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nceh/ehs/ephli/core_ess.htm. Accessed June 17, 2014.
3. Colo. Rev. Stat. x25-1.5-110.
4. Colo. Rev. Stat. x42-4-1301.
5. National Highway Traffic Safety Administration. 2007
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26 Perspectives from the Social Sciences Peer Reviewed Ghosh
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007+National+Roadside+Survey+of+Alcohol+and+Drug+Use+b
y+Drivers
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007+National+Roadside+Survey+of+Alcohol+and+Drug+Use+b
y+Drivers
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007+National+Roadside+Survey+of+Alcohol+and+Drug+Use+b
y+Drivers
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007+National+Roadside+Survey+of+Alcohol+and+Drug+Use+b
y+Drivers
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AJPH PERSPECTIVES
January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed
Perspectives from the Social Sciences 27
https://captus.samhsa.gov/sites/default/files/LitReview_Marijua
na_Strategies_NE.pdf
https://captus.samhsa.gov/sites/default/files/LitReview_Marijua
na_Strategies_NE.pdf
https://www.colorado.gov/pacific/cdphe/statistics-and-data
https://www.colorado.gov/pacific/cdphe/statistics-and-data

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The Public Health Framework of LegalizedMarijuana in Colorad.docx

  • 1. The Public Health Framework of Legalized Marijuana in Colorado Tista Ghosh, MD, MPH, Mike Van Dyke, PhD, Ali Maffey, MSW, Elizabeth Whitley, RN, PhD, Laura Gillim-Ross, PhD, and Larry Wolk, MD, MSPH On January 1, 2014, Colorado became the first state in the nation to sell legal rec- reational marijuana for adult use. As a result, Colorado has had to carefully examine potential population health and safety impacts as well as the role of public health in response to legalization. We have discussed an emerging public health framework for legalized recreational marijuana. We have outlined this framework according to the core public health functions of assessment, policy development, and assurance. In addition, we have discussed challenges to implementing this framework that other states con- sidering legalization may face. (Am J Public Health. 2016;106:21–27. doi:10.2105/
  • 2. AJPH.2015.302875) As one of the first 2 states to legalize rec-reational (nonmedical) marijuana, Col- orado has been compelled to carefully examine potential impacts to the health and safety of the public. Medical marijuana has been legal in Colorado since 2000, and marijuana use was initially viewed as an individual patient–doctor decision that was outside the scope of population-based surveillance and public health policy. This view began to changewhen the commercial production and distribution of medical marijuana becamepermissiblein2009. However, it was the legalization of marijuana for adult nonmedical use in late 2012 that prompted a closer examination of marijuana’s potential public health impact. On January 1, 2014, Colorado became the first state in the nation to allow sales of rec- reational marijuana. The current legal status of marijuana has compelled the Colorado De- partment of Public Health and Environment (referred to as the department hereafter) to assess the knowledge gaps related to marijuana and develop reasonable policies to protect vulnerable populations. This “social experi- ment”hasfurtherrequiredColoradotodefine core public health functions as they pertain to legalized recreational marijuana. In doing so, the primary goals have been to implement policies to mitigate potential harmful conse- quences of legalized marijuana and to collect the necessary data to measure possible nega- tive and beneficial effects on the population.
  • 3. Legalization has highlighted a broad set of issues resulting from the multiple means of marijuana use (e.g., smoking, edibles, con- centrates), the lack of a mature regulatory structure, and the complications of conflicting state and federal marijuana laws. The breadth of issues evolving from the legalization of marijuana has compelled Colorado’s gov- ernmental agencies to work collaboratively to establish a retail sales system that respects the intention of the voters while striving to mitigate negative outcomes. With co- ordination and direction from the Governor’s Office of Marijuana Coordination, experts from a variety of state agencies—including individuals in public and environmental health, transportation, human services (which includes child protective services and behav- ioral health), health care coverage and access, public safety and law enforcement, revenue, and education—have been working together on marijuana-related issues.1 This broad, multisector collaboration has been essential for addressing the wide variety of concerns associated with marijuana legalization and for ensuring consistent messaging across the state. Public health sector professionals have adopted a similar multidisciplinary approach. As local and state health agencies have defined their marijuana-related roles, secondhand smoke prevention specialists have gotten together with environmental health and food safety experts, acute and chronic disease epidemiol- ogists, toxicologists, laboratorians, maternal–
  • 4. child health and health communications experts, and poisoning and injury prevention specialists. Together, this diverse group of professionals has developed a public health framework for legal recreational marijuana. We have presented this public health framework. Our main objectives are to share the framework, highlight challenges to implementing this framework, and provide guidance to public health agencies in other localities where marijuana legalization is be- ing considered. We have outlined this public health framework for marijuana according to the core functions of public health.2 These include (1) assessing health issues through monitoring and investigation, (2) developing policy through education and community partnerships, and (3) providing assurance through enforcement, a competent work- force, and evaluation (Figure 1). ASSESSMENT As part of the assessment function, the department has been broadly charged with monitoring patterns of marijuana use and the health effects of use.3 The department is implementing these tasks by incorporating marijuana-related questions into existing population-based surveys and the state trauma ABOUT THE AUTHORS All of the authors are with the Colorado Department of Public Health and Environment, Denver.
  • 5. Correspondence should be sent to Tista Ghosh, MD, MPH, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive S, Denver, CO 80246 (e-mail: [email protected]). Reprints can be ordered at http://www.ajph.org by clicking the “Reprints” link. This article was accepted August 17, 2015. doi: 10.2105/AJPH.2015.302875 January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed Perspectives from the Social Sciences 21 AJPH PERSPECTIVES mailto:[email protected] http://www.ajph.org registry, passive surveillance of hospitaliza- tions and emergency department discharges, and pilot surveillance projects on special at-risk populations such as pregnant women and children at risk for accidental ingestion. In addition, the department has convened a scientific review panel, with expertise in fields such as neonatology, pulmonology, toxicology, pharmacology, and psychiatry. This group has systematically reviewed the literature on the potential adverse health effects of marijuana and has provided rec- ommendations on further improving surveillance efforts. Monitoring Prevalence of Use To monitor patterns of marijuana use, the
  • 6. department sought to use existing health behavior surveys to estimate prevalence by county or health district. The major issue with this strategy was a lack of validated surveillance questions related to marijuana. In the absence of validated questions on fre- quency and dosage, methods of use, behaviors while impaired, storage of marijuana products at home, cultivation and manufacturing of marijuana products, and more, the de- partment relied on literature reviews and stakeholder feedback to outline initial sur- veillance questions. Because of a lack of funding sources before revenue collection, the department was un- able to collect baseline data before the January 1, 2014, implementation of the retail pro- duction and sales system. Since that time, however, the department has added questions to a variety of population-based surveys that monitor behaviors. These include the Be- havioral Risk Factor Surveillance System, which focuses on adult behaviors, the Preg- nancy Risk Assessment Monitoring System, which focuses on behaviors during preg- nancy, and other population-based surveys that focus on behaviors in youths, such as the Youth Risk Behavior Surveillance System, which is implemented through the Healthy Kids Colorado Survey. Annual or biannual data collection will
  • 7. allow the department to establish a delayed baseline for the prevalence of marijuana use and to monitor changes in use patterns over time. Monitoring these patterns will allow the state to better focus prevention efforts on populations at the highest risk for adverse effects stemming from marijuana use. The department plans to add questions in future surveys to further characterize the frequency and methods of marijuana use and evaluate unintended consequences of legalization. Monitoring Health Effects To monitor health impact, the depart- ment has started to analyze data on marijuana-related hospitalizations, emer- gency department visits, payer claims, mor- tality, and birth defects on an annual basis to identify possible trends in acute and chronic health effects. In addition, self-reported marijuana use has been added to the statewide trauma registry. The department is also working with other state agencies to explore better data sources for driving while under the influence of drugs and for blood test results that are higher than the recently established 5 nanograms per milliliter blood limit for delta 9 THC (tetrahydrocannabinol),4 the psycho- active ingredient in marijuana. Colorado has no current systematic method to collect ac- curate reports on the numbers of suspected and confirmed marijuana-related driving while under the influence of drugs cases in the state. Thenational Fatality Analysis Reporting System confirms onlythe presenceof a drugin
  • 8. the driver of a fatal crash, not the level of impairment associated with the drug, and does not capture data on serious injury crashes.5 The department and local public health agencies have also started pilot surveillance sites around the state to monitor ski or rec- reational injuries related to marijuana use in resort communities and to monitor un- intentional poisonings in younger children. Poisonings among younger children are of particular interest, because a recent Colorado study found an increase in such poisonings after the legalization of medical marijuana in the state in 2000,6 and recent reports from Monitor Investigate Inform and Educate Mobilize Partnerships Develop Policies Enforce Laws Ensure a Competent Workforce
  • 9. Evaluate ASSESSMENT POLICY DEVELOPMENT ASSURANCE FIGURE 1—Public Health Framework for Legalized Marijuana: Colorado Department of Public Health and Environment, 2015 AJPH PERSPECTIVES 22 Perspectives from the Social Sciences Peer Reviewed Ghosh et al. AJPH January 2016, Vol 106, No. 1 Children’s Hospital Colorado indicate an increase in the number of children hospital- ized in 2014 over the previous year.7 Another surveillance concern is related to acute health effects through contamination or overconsumption. The medical literature reports that marijuana can be contaminated by bacteria, mold, and chemicals such as pesticides, lead, ammonia, and formalde- hyde.8–22 The department is working with emergency departments, the Rocky Moun- tain Poison and Drug Center, and local health agencies to explore real-time systems that can capture an “outbreak” related to contami- nated marijuana products, which will enable state agencies to remove those products from
  • 10. the market as quickly as possible. Foodborne illness follow-up questionnaires have also been changed to routinely include questions regarding the consumption of edible mari- juana products. After legalization, Colorado made national news related to residents’, tourists’, and newscasters’ overconsumption of edible marijuana products. Initial regulations for edible marijuana products sold on the rec- reational market specified a single serving size of 10 milligrams of THC and a maximum of 100 milligrams of THC per single pack- aged food item, such as 1 cookie.23 The resulting fact that 1 serving could only be one tenth of a cookie, combined with the delayed onset of the effects of THC after eating, contributed to overconsumption. This in turn led to increases in calls to the poison control center,24 increased anecdotal reporting of overdoses,24 and 3 high profile deaths.25,26 On the basis of these concerns, regulations were changed to ensure easier identification of serving size portions in a single edible or drinkable product.27 Additionally, the department developed an enhanced relationship with the Rocky Mountain Poison and Drug Center to monitor call volume on this issue. Challenges to Assessment There are numerous ongoing challenges to public health assessment related to marijuana.
  • 11. One challenge in Colorado is the lack of robust baseline data on adult marijuana use and attitudes before the implementation of legal recreational marijuana in 2014. Another major challenge has been the lack of validated survey questions and widely accepted defi- nitions to capture prevalence, frequency, and type of marijuana use. This challenge has been further underscored by emerging methods of use in the legalized market, in- cluding edibles, vaporizing, and the use of concentrates. Monitoring for changes in marijuana-impaired driving has been ham- pered by the lack of a comprehensive database of blood THC measurements and a lack of consistency in testing when alcohol and marijuana are used together. With regard to monitoring for health impacts, Colorado has faced some challenges with using administrative data sets such as hospital discharge and emergency department data. One example is the lack of specific International Classification of Diseases, Ninth Revision28 codes for hospitalization records related to marijuana use and the inconsistent application of these codes. Another example is the lack of consistency in collecting mari- juana use frequency, timing, and methods related to hospitalizations and emergency department visits. POLICY DEVELOPMENT Immediately after the legalization of rec-
  • 12. reational marijuana, the department was in- volved in developing policies and regulations to protect the public’s health and safety. The department was a member of the initial task force that developed recommendations and regulations that built on the successes of the past 50 years of public health progress to reduce the prevalence of tobacco use, ex- posure to secondhand smoke, and alcohol- related problems. The Guide to Community Preventive Services (or Community Guide) summarizes evidence-based strategies to prevent or re- duce public health concerns. The key rec- ommendations to reduce tobacco use include increased unit price, smoke-free policies, comprehensive control programs, commu- nity mobilization, mass-reach health com- munications, and strict retailer licensing and enforcement.29 The Community Guide also recommends increased taxes, limited hours of sale, regulating retail outlet density, and en- hanced enforcement of licensed retailers.30 A recent article published in AJPH “Developing public health regulations for marijuana: lessons from alcohol and to- bacco,”31 recommended that policymakers apply effective tobacco and alcohol pre- vention strategies to the legalization of mar- ijuana, strategies similar to those listed in the Community Guide.29,30 Colorado policymakers and the public
  • 13. implemented many of those recommended policy strategies, including increasing the unit price of marijuana by passing a 15% excise tax on the wholesale product and a 10% sales tax to increase the price of marijuana. These taxes are applied only to marijuana that is sold for recreational use and not to sales of medical marijuana.32 Colorado lawmakers and voters passed policy strategies that promote healthy envi- ronments and prevent the modeling of sub- stance use for children and adolescents by applying existing smoke-free policies and public consumption bans to marijuana. Pol- icymakers added marijuana to Colorado’s Clean Indoor Air Act to prevent exposure to secondhand smoke from both tobacco and marijuana in public places.33 Additionally, public and open consumption of marijuana, including edibles, was explicitly prohibited by the voter-approved Amendment 64 to Col- orado’s Constitution.34,35 Policymakers passed strict regulations of the retail environment that are closely aligned with the recommendations from the Com- munity Guide and the AJPH article. Colorado restricted marijuana use, possession, and cultivation to adults aged 21 years or older.34 Colorado’s laws on youth access to marijuana were strengthened, making it a drug felony offense if an adult more than 2 years older than the minor gives or sells the minor any mar- ijuana or related products.35 Furthermore,
  • 14. Colorado Minor in Possession laws for al- cohol now include marijuana, ban the pos- session of drug paraphernalia, and apply Good Samaritan laws.36 In addition, age and other sales restrictions have been used. Colorado’s Marijuana En- forcement Division rules ban the presence of anyone younger than 21 years in the retail store and limit the hours of operation of retail marijuana licensees to 8:00 AM to midnight. The law requires identification at point of purchase for proof of age, and it is illegal to sell marijuana to someone younger than 21 years.37 Local governments can restrict hours of sales even further and can restrict retail AJPH PERSPECTIVES January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed Perspectives from the Social Sciences 23 stores to limited locations in their commu- nities far from schools and other youth cen- ters, if local governments choose to allow the sale of marijuana at all.37 Furthermore, the Colorado Department of Revenue will im- plement a responsible vendor program to educate retail store employees about mari- juana’s health impacts, safety practices, and the importance of restricting youths’ access to marijuana products.38 Additionally, with stakeholder and com-
  • 15. munity input, Colorado established rules on packaging, labeling, and product safety re- quirements equal to or exceeding those of tobacco products for recreational marijuana products. Packaging cannot appeal to chil- dren or youths younger than 21 years or use cartoon characters. Strict requirements have been placed on advertising, including out- right bans on Internet pop-up advertisements and any type of advertisement that targets minors. Advertising is only allowed via television, radio, print, Internet, or event sponsorship when it can be documented that less than 30% of the audience is younger than 21 years. Outdoor advertising is prohibited other than signs that identify the location of a licensed retail marijuana store.37 As recommended by the AJPH article,31 Colorado laws established a legal limit for marijuana-impaired driving. Colorado’s limit is set at 5 nanograms per milliliter of delta 9 THC in whole blood.39 The Colorado De- partment of Transportation has implemented a Drive High, Get a DUI campaign to educate the public on the law and to prevent impaired driving.40 Additionally, Colorado law en- forcement agencies are assessing data collec- tion and infrastructure modifications to better track trends in the rate of marijuana-impaired driving in the state. Education Lawmakers tasked the state public health
  • 16. department with implementing mass-reach health communications through the release of a statewide public awareness and education campaign on the recreational marijuana laws, which was launched January 2015.41 The Good to Know Colorado campaign’s tar- geted messages educate all Colorado residents and visitors about safe, legal, and responsible use of marijuana. Key messages educate the public about the health effects of marijuana and key laws that prevent youth marijuana initiation. Additional messaging promotes safe storage, warns about marijuana use during pregnancy and while breastfeeding, and educates on the dangers of underage marijuana use. Educational materials provide more in- formation about safety concerns with eating or smoking marijuana products, reducing secondhand marijuana smoke exposure, and the harms of combining marijuana with other substances. Prevention messaging campaigns are one of the few evidence-based in- terventions shown to increase awareness of harms and reduce marijuana use at the pop- ulation level when integrated with commu- nity-, school-, and family-based prevention efforts.42 In the first 5 months of the cam- paign, there were approximately 85 million media impressions across the state and more than 200 000 visitors to the campaign Web site (GoodToKnowColorado.com). The department has partnered closely with other state agencies that fund local substance abuse
  • 17. prevention coalitions and programs to in- tegrate educational materials and youth pre- vention messaging into all Colorado communities. Additionally, the department is conduct- ing statewide formative research to help craft media messages geared toward youths, pregnant and breastfeeding women, and Latinos. These culturally responsive and age-appropriate engagement efforts will launch soon. Lessons learned from tobacco prevention efforts will guide marijuana- related messaging, particularly with regard to preventing youth initiation.43 All campaigns will be closely evaluated for impact and efficacy. To ensure consistent statewide messaging, the department has created a Web portal (Colorado.gov/marijuana) that coordinates messaging across all state agencies, including the Department of Transportation’s impaired driving messages, the Department of Edu- cation’s messaging for adolescents and parents, the Department of Revenue’s in- formation on licensing and enforcement, and the public health department’s own in- formation on health impacts. The Web site also links to all health-related research and public education materials created for the use of parents, community agencies, schools, and health care providers. The department is also engaging in edu- cational efforts targeted at specific groups. For
  • 18. example, the department offers producers of edible products access to its food safety trainings to help reduce the risk of foodborne illness. Although there is no way to guarantee safety when adding a drug to food, educating producers about food safety will, at a mini- mum, reduce the risk of contamination with certain bacteria and viruses. In addition, as the scale of marijuana cultivation, product manufacturing, and sales expands in Colo- rado, education to prevent occupational in- juries and illnesses becomes increasingly important. As federal resources are limited, the de- partment has taken the lead role in con- vening a multidisciplinary task force on occupational health to assess the physical and chemical hazards and potential health effects associated with this industry. This task force consists of industrial hygienists, safety pro- fessionals, and occupational medicine phy- sicians as well as marijuana industry representatives. The goals of this task force are to establish policies and best practices to prevent adverse health effects and to dis- seminate this information throughout the marijuana industry. Challenges in Policy Development One of the most significant challenges for policymakers in Colorado is the discordant regulations for recreational and medical marijuana. Legalization proponents suggested that a legal recreational system would reduce
  • 19. the number of medical marijuana registrants. However, the opposite has been observed over the first year of legalization, with the number of medical marijuana registrants continuing to grow.44 There are several policy differences between recreational and medical marijuana that likely limit the tran- sition of users, including higher possession limits, higher grow limits, the ability to designate a caregiver to grow the user’s plants, exemption from excise and sales taxes, and the ability to obtain a medical registration card for those younger than 21 years.45 For these reasons, it is likely that Colorado will continue to have a large medical mari- juana program. The strong medical marijuana advocacy community and the increasingly blurry line between medical and recreational AJPH PERSPECTIVES 24 Perspectives from the Social Sciences Peer Reviewed Ghosh et al. AJPH January 2016, Vol 106, No. 1 http://GoodToKnowColorado.com use will continue to make this a challenging environment for policy development. Cur- rent state policy priorities are to harmonize the packaging and laboratory testing re- quirements of medical and recreational marijuana. Policy development is also hampered by
  • 20. the unique patchwork of federal, state, and local laws on marijuana. Research to assess both the beneficial and the adverse health effects of marijuana is often difficult to con- duct because of marijuana’s Schedule I drug designation applied by the US Drug En- forcement Agency.46 Public universities are reluctant to participate in marijuana-related research owing to concerns about federal funding and their ability to comply with the Drug Free Schools and Communities Act.47 Organizations providing prevention pro- gramming may be restricted from accepting marijuana tax funds because of ambiguity in federal funding requirements for other ac- tivities. Furthermore, some local govern- ments in Colorado have chosen to restrict marijuana sales, possession, and use in their jurisdictions. ASSURANCE Enforcement is a role that public health often plays, particularly in relation to res- taurant and environmental inspections. With regard to marijuana, the major public health goals of enforcement are to ensure a product free of contaminants that is packaged in child-resistant packaging and properly la- beled. To streamline the regulation of the marijuana industry, typical public health enforcement functions such as product and food safety have been incorporated into the overall inspection and enforcement strategy of the Colorado Department of Revenue,
  • 21. which also has the critical job of ensuring the seed to sale tracking of marijuana to prevent diversion.37 The Colorado Department of Revenue is inspecting all growers, infused product manufacturers, and retail outlets. Some of the public health-related aspects of these inspections will include food safety is- sues, pesticide use, proper product labeling, proper product packaging, and safe marijuana extraction procedures. Similar to the recommendations for tobacco and alcohol prevention of the Community Guide29 and the AJPH article on marijuana laws,31 the marijuana enforcement strategy will include periodic evaluations to ensure that retail outlets are not selling to individuals younger than 21 years.37 Al- though the Colorado Department of Reve- nue has regulatory authority on these issues, the department has worked with the Colo- rado Department of Revenue to apply standard food safety and food handler training recommendations to the marijuana-infused product industry. In addition, the department has provided assurance by inspecting and certifying rec- reational marijuana testing facilities. Recreational marijuana testing facilities are to perform potency and contaminant testing on marijuana plants, concentrates, and edi- bles. The department’s laboratorians have developed a testing facility certification process aimed at protecting public health by
  • 22. ensuring quality testing. Laboratory subject matter experts in molecular testing, food microbiology, and chemical testing are participating in testing facility inspections and providing recommendations to improve the reliability of testing. However, signifi- cant challenges remain, because of a lack of national standards on marijuana testing and a lack of proficiency testing and reference laboratories. Ensuring a Competent Workforce To ensure a competent and informed public health workforce, the department is establishing a network of local public health professionals. This process has started by identifying primary marijuana points of contact at each county or city health de- partment. Frequent communications are sent to this network that outline local trends, re- sources, and research. The department also conducted key informant interviews with local public health officials to identify new or emerging issues around the state. Furthermore, the department has hosted a marijuana-specific educational conference for local and state public health professionals to learn about and discuss marijuana-related public health topics. In addition, the department is working to ensure that health care providers are well informed about marijuana-related topics. The department has convened panels of experts to
  • 23. develop clinical guidelines for screening pregnant and pediatric patients for marijuana use. The department will also engage with hospital emergency departments to inform them of potential acute events associated with contaminated products via informational alerts through the department’s emergency management system. Evaluation Finally, evaluation is another major component of the assurance function of public health. The department will closely evaluate all data collection and surveillance efforts for efficacy and benefit. The de- partment has also contracted with a local university to evaluate the effectiveness of its marijuana education campaigns in increasing accurate knowledge of recreational marijuana laws, health impacts of marijuana use, safe storage practices, and preventive behaviors. Additionally, the evaluation will assess changes to Colorado residents’ perceptions of risk related to problematic use of marijuana across the state, including use during preg- nancy or while breastfeeding, youths’ use of marijuana, secondhand marijuana smoke exposure in the home, marijuana-impaired driving, and public use of marijuana products. To evaluate these outcomes, the evaluator will use surveillance data, telephone surveys, community-based surveys to reach targeted populations, and analytics on postmedia buys and the Web site to determine reach across
  • 24. target audience subgroups. Challenges in Assurance Despite the work of public health to ad- dress marijuana surveillance and prevention since the legalization of recreational mari- juana in November 2012, the department did not receive any funding until April 2014. At that time, the state provided minimal funding for staff time for surveillance and to convene the panel of health experts. The department received approximately $7 million from the marijuana tax cash fund beginning July 1, 2014, to fund personnel, surveillance, data purchasing, and media campaigns.41 In the absence of that funding, staff absorbed this work on top of their existing tasks and responsibilities. The de- partment recommends that states considering AJPH PERSPECTIVES January 2016, Vol 106, No. 1 AJPH Ghosh et al. Peer Reviewed Perspectives from the Social Sciences 25 legalization identify funding for surveil- lance and staff time as early as possible to begin establishing baseline data and con- vening stakeholders to address marijuana legalization from the public health perspective.
  • 25. CONCLUSIONS The issues related to the legalization of marijuana require a robust regulatory and public health framework consistent with the core public health functions of assessment, policy development, and assurance. Because of the lack of a federal infrastructure for regulating marijuana, state health de- partments often find themselves in new roles with little resources or support. Furthermore, the breadth of public health issues associated with marijuana requires close collaboration among state agencies responsible for mari- juana (and often liquor) enforcement, public safety, agriculture, and behavioral health. These issues also necessitate multidisciplinary collaboration among health department programs, including staff members who work in disease surveillance, behavioral risk factor surveys, the public health laboratory, injury and poisoning prevention, and food safety, among others. As other states confront these issues, it will be important to consider these public health roles in advance to align and preallocate future tax funding with anticipated needs. Particularly important lessons learned in- clude the thoughtful collection of baseline marijuana use data through population- based surveys before legalization and the timely development of public health cam- paigns for youth prevention and responsible use for adults.
  • 26. A major success of the Colorado experi- ence was the close involvement of public health officials during the development of marijuana regulations, allowing a proactive approach to implementing important public health policy interventions such as advertising and sales restrictions, child-resistant packag- ing, and protections to prevent secondhand smoke exposure. Finally, the first year of legalization in Colorado has demonstrated the need for the continued engagement of public health in marijuana-related issues to promote timely policy changes as new health issues arise. CONTRIBUTORS T. Ghosh was the primary author and conceptualized and drafted the article. M. Van Dyke, A. Maffey, E. Whitley, and L. Gillim-Ross contributed to drafting and revising the article. T. Ghosh, E. Whitley, and L. Wolk approved the final version of the article. ACKNOWLEDGMENTS We thank Jeff Lawrence and Elyse Contreras of the ColoradoDepartmentofPublicHealthandEnvironment. HUMAN PARTICIPANT PROTECTION No protocol approval was necessary because this study did not involve human participants. REFERENCES 1. Senate Bill, 13-283 (CO 2013). 2. Centers for Disease Control and Prevention. Core functions of public health and how they relate to the 10 essential services. Available at: http://www.cdc.gov/
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