MADD Hawaii: Chief Robert L. Ticer - Meeting the Challenge when Marijuana is Legalized
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Chief Ticer presented at MADD Hawaii's Drugs & Driving, A Call to Action conference in Oct. of 2018. He has been on the front line of impact since 2013 when Colorado passed a Constitutional Amendment to allow recreational marijuana. He spoke about the road to recreational, the challenges for law enforcement and traffic statistics relating to drugs and driving. He spoke in depth about law enforcement training that works and is needed. He also shared information about how partnerships are imperative for education about and prevention of impaired driving. His list of lessons learned is a good list of recommendations for Hawaii.
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MADD Hawaii: Chief Robert L. Ticer - Meeting the Challenge when Marijuana is Legalized
- 1. Meeting the Challenge when Marijuana is Legalized! Drugs and Driving-A Call to Action Honolulu, Hawaii October 11, 2018 Chief Robert L. Ticer Past President Colorado Association of Chiefs of Police
- 2. How did Colorado get here? Tipping Point Early Medical MJ 2000-2008 Amendment 20 6,000 patients with MJ card No dispensaries CDPHE regulated 5 patients per caregiver Medical MJ Expansion 2009 250 Dispensaries with no caregiver restrictions 38,000 patients with MJ card Recreational Marijuana 2013 Amendment 64- (Not a law-State Constitutional Amendment) 21+ can possess, purchase and gift 1oz. (law changed in 2016) No use in public places
- 3. What Does Colorado Look Like Now? • 491 retail marijuana stores. • 1613 Liquor Stores • 392 Starbucks • 208 McDonalds Restaurants • Estimated 687,000 users (not tourists) • 301.7 metric tons sold legally last year • 93,372 Medical Marijuana Cards -62% male, 46% between 18-40. -93 % severe pain, 5% cancer/glaucoma/HIV
- 4. Recreational MJ Implementation Amendment 64 Report 2 Recommendations Specific to Traffic Safety
- 5. Traffic Safety Law Highway Safety/Law Recommendations “RECOMMENDS” • Marijuana Definition of Impairment Bill (5ng)=New Permissible Inference law today. (IACP Resolution October 2018 recommending no per se). • Recommendation of ARIDE for Colorado POST Academies=significant funding for ARIDE and DRE today.
- 6. Impacts to State and Local Communities • Creation of State Agency-Marijuana Enforcement Division.
- 7. Impacts to State and Local Communities • Local Communities have the option to opt out of Licensed Medical and Recreational Businesses. • 65% local jurisdictions have opted out.
- 9. True Challenges for Law Enforcement • Continuous updates to changing laws. • Enforcement questions. • What is legal and what is not? • Liability for seizures of “legal marijuana” • Dealing with Tourists!
- 10. True Challenges for Law Enforcement • Search and Seizure-Drug sniffs • Carroll Doctrine. • Drug Cartels/Street Dealers-Basic Capitalism in America. Taxation-what does this mean? • Prosecution issues-What is the appetite? • Motivation of Law Enforcement to enforce…
- 11. The Drug Dealer Still Lives
- 12. Very early into this “experiment” • What we do know at this juncture..... Colorado National • Youth MJ Use (12-17) 9.08% 6.75% • College Age MJ Use (18-25) 32.2% 20.3% • Adult MJ Use (26 +) 14% 6.88% * increases in potency and edible consumption • Emergency Room Visits ^ • Diversion of marijuana outside of Colorado ^ • THC Extraction Labs Initially ^ • Crime ^ • Impaired Driving –for discussion ^
- 13. Impaired Driving in Colorado • Positives-better training (DRE, ARIDE). Loveland-90% increase in DUID/45% increase in DUI arrests in 2017. 3 year average. • The new 5 nanogram level of THC in blood bill. 55% to 70% of arrests for DUID are coming in under this permissible inference. • Data collection is difficult for DUI Marijuana. • In 2017, 74% of all DUID arrests by Colorado State Patrol involved marijuana. 719 of 978 arrests. CSP Makes 20% of statewide DUI arrests.
- 14. Impaired Driving in Colorado • Statewide fatalities-2014-488 to 2017-648. 33% increase. • *2016 less than half of drivers or operators involved in fatals were tested for drug impairment, which is consistent with the past data. • 44.3% of the Colorado DRE cases in 2016 were cannabis. • Recent CDOT Survey-69% users admitted driving after using MJ. • Alarmingly 55% of these respondents said safe to drive after using MJ.
- 15. Average Number of Marijuana Fatalities (drivers testing positive) • 2006-2008 (pre-commercialization) 34 • 2009-2012 (post-commercialization) 53 • 2013-2017 (legalization) 98 • 76% of drivers in 2017 tested positive for THC
- 17. Colorado DRE and ARIDE • 228 DREs and 40 Instructors. • 25% growth in DREs since legalization of MJ. • Annual DRE School-strict selection through state committee led by CDOT DRE Team. • ARIDE and DRE training funded through infusion of MJ Tax dollars. • Troopers and Loveland Officers trained in ARIDE.
- 18. a few crime numbers…. • Crime in Colorado increased 11% from 2013 to 2016. (not in Loveland- down 14 % to date and crashes down 4.6%) • 2016 consumption citations-Denver 590, Boulder 199.
- 19. CDOT Marijuana Impaired Driving Campaign Media!
- 20. 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.
- 21. Dispensary Partnerships While you wait….. 2 1
- 22. Partnerships • Identified MJ Industry Leader(s) • Reached out to leaders with mutual concerns • Utilized partners for focus groups • MJ representative on State DUI Task Force • MJ industry events • Mutual Press Opportunities • MADD Colorado (Executive Director and Victim on CTFDID Board) • NHTSA
- 23. Let’s not forget about tax money • 2014 Taxes Collected $67,594,323 • 2015 Taxes Collected $130,411,173 • 2016 Taxes Collected $193,604,810 • 2017 Taxes Collected $232,968,397 State Taxes only. 0.9% of State Budget.
- 24. Lessons Learned/Challenges • Secure Executive Level Involvement for Implementation • Position your agency for funding • Plan for Media early/opportunities-data • Be, find or designate the “Expert” for impaired driving • Seek partnerships early • Know your partners positions/MJ industry/State/NHTSA • Use environment for opportunities: – Data (DUID vs. DUI) – Promote DRE and ARIDE – DRE School “Green Lab” – RE-FOCUS ON DUI ENFORCEMENT!!
- 25. Take A-Ways • Community Education Now! • Law Enforcement training-DRE/ARIDE • Involvement in public policy • Blood Evidence, Oral Fluid Testing, Search Warrants. • ENGAGE YOUR LAW ENFORCEMENT LEADERS !!!!
- 26. THANK YOU! Chief Robert L. Ticer Loveland Police Department 810 East 10th Street, Suite 100 Loveland, CO 80537 bob.ticer@cityofloveland.org W: 970 962 2222 C: 970 290 9579
Editor's Notes
- Tell my story of how I arrived in Colorado from Arizona Much data comes from the October 2018 Update The Legalization of Marijuana in Colorado The Impact-volume 5.
- Walk through How we got here, where we are at now, and what trends we are seeing! ¼ ounce for out of state, not able to really verify or track! What the voters voted for-Capital Projects in the schools. 18 With Medical Card. Today nearly 100,000 card holders even with recreational marijuana. Less tax on medical marijuana. My prediction was wrong. Amendment 64 passed November 2012. Legalization to sell started January 1, 2014. The first was a Denver District Judge who, in late 2007, ruled that CDPHE violated the state’s open meeting requirement when setting a five-patient-to-one-caregiver ratio and overturned the rule. That opened the door for caregivers to claim an unlimited number of patients for whom they were providing and growing marijuana.
- “Recommends” First of Two: Permissible Inference and ARIDE,, IACP Resolution October 2018!
- Does not regulate anything other than the licensees. Criminal marijuana cases are still handled by local jurisdictions.
- Many have done this. Drug Free School Zones and Zoning issues have eliminated areas where these can reside. Huge political topic. Some councils determined, some put it to the voters. Depending upon the political landscape and frankly, timing.
- Discuss 1 ounce per person and 6 plants and also care givers. How do we educate the tourists. Skiers. Where can I buy pot, where can I smoke it?
- Loveland PD Canines What I thought would happen.
- Let’s spend some time focusing on these topics. Source is The Legalization of Marijuana in Colorado-The Impact Volume 5/October 2018 Update. Rocky Mountain HIDTA. Youth 9.08%-35%above national average; College Age 32.2%; ER 123% increase since 2008. Over 18K in 2014; Treatment 6683 average last 10 years-alcohol 13,551; heroin-3,024; meth-5,578. Parcels-averaging nearly 500 per year, which is 844% increase since 2009.
- Discuss DUI drivers with BAC’s above .08 with marijuana. Generally just a breath test. Colorado-Driver has the choice. The 48.49% have gone down
- Loveland UCR to date 14.03 down for year compared to previous three years. DUI and Drug Enforcement and Traffic Enforcement!
- This is another option for intro/title slide.
- This is a secondary slide design. It is one of 4 that may be used.
- New way of thinking!!!!!!!!!!
- 40 million for school capital projects. Involves 2.9% regular sales tax, 10% special sales, 15% excise tax. In the Colorado General fund, marijuana tax revenue is 0.9% of total fund. These numbers do not account for local taxes collected.
- 224 DRE’s in the State of Colorado