Study: Per Se Drugged Driving Laws Have Little Or No Impact On Traffic Deaths

The imposition of so-called per se drugged driving laws, which create new traffic safety violations for drivers who operate a vehicle with the presence of trace amounts of certain controlled substances and/or their inert metabolites (byproducts) in their blood or urine, do not reduce incidences of traffic safety deaths.

That’s the conclusion of a just-published study by economists at the University of Colorado, Denver and Montana State University. The study is available from the Institute for the Study of Labor (IZA) in Germany as a Discussion Paper.

Since 1990, 11 states have passed so-called zero-tolerant per se drugged driving laws which make it illegal for one to drive with detectable levels of a controlled substance in his or her system. Five additional states have passed similar laws specifying non-zero limits for controlled substances or their metabolites. Fourteen (Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Nevada, Ohio, Pennsylvania, Rhode Island, Utah, Washington, and Wisconsin) of these sixteen states impose these strict liability per se standards for cannabis. Recently, the White House Office of National Drug Control has recommended zero tolerant per se drug standards for all US states.

Using state-level data from the Fatality Analysis Reporting System (FARS) for the period 1990-2010, authors examined the relationship between the adoption of controlled substance per se thresholds and overall incidences of traffic fatalities. They found that the relationship is statistically indistinguishable from zero and concluded that there is no evidence that these limits reduced traffic deaths.

Authors reported: “Despite the fact that these laws have been touted by politicians and academics as an effective strategy for making our roadways safer, we find no evidence that they reduce traffic fatalities. … [W]e cannot determine why per se drugged driving laws do not work, and leave this issue to future researchers. However, our results clearly indicate that, as currently implemented, laws that make it illegal to drive with detectable levels of a controlled substance in the system have little to no effect on traffic fatalities.”

In November, Washington state voters approved Initiative 502, which legalizes the private use and retail sale of cannabis to adults, but also imposes a 5ng/ml THC/blood per se limit for drivers over the age of 21. In Colorado, where voters on Election Day similarly legalized cannabis, Democrat Gov. John Hickenlooper and Republican Senator Steven King are calling for the passage of nearly identical per se cannabis legislation.

NORML has consistently opposed the imposition of stand-alone per se limits for cannabinoids, arguing that the presence of THC in blood, particularly at lower levels, is an inconsistent predictor of behavioral impairment, particularly in more frequent consumers who may potentially test positive for trace, residual THC levels in their blood for periods of time exceeding any period of acute impairment.

Operation of a motor vehicle while under the influence of cannabis is already a criminal offense in all 50 states. However, in order for one to gain a criminal conviction under most state DUI laws, prosecutors must prove that a motorist recently ingested cannabis and that doing so prohibited him or her from driving safely.

Full text of the study, “Per Se Drugged Driving Laws and Traffic Fatalities,” is available online here. A separate paper previously published by the same authors reported that the passage of statewide medical marijuana laws is associated with decreased incidences of traffic fatalities.

2012: The Year In Review — NORML’s Top 10 Events That Shaped Marijuana Policy

#1 Colorado and Washington Vote To Legalize Marijuana
Voters in Colorado and Washington made history by approving ballot measures allowing for the personal possession and consumption of cannabis by adults. Washington’s law, which removes criminal penalties for the possession of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form), took effect on December 6. Colorado’s law, which allows for the legal possession of up to one ounce of marijuana and/or the cultivation of up to six cannabis plants in private by those persons age 21 and over, took effect on December 10. Regulators in both states are now in the process of drafting rules to allow for state-licensed proprietors to commercially produce and sell cannabis.

#2 Most Americans Favor Legalization, Want The Feds To Butt Out
A majority of Americans support legalizing the use of cannabis by adults, according to national polls by Public Policy Polling, Angus Reid, Quinnipiac University, and others. A record high 83 percent of US citizens favor allowing doctors to authorize specified amounts of marijuana for patients suffering from serious illnesses. And nearly two-thirds of Americans oppose federal interference in state laws that allow for legal marijuana use by adults.

#3 Connecticut, Massachusetts Legalize Cannabis Therapy
Connecticut and Massachusetts became the 17th and 18th states to allow for the use of cannabis when recommended by a physician. Connecticut lawmakers in May approved Public Act 12-55, An Act Concerning the Palliative Use of Marijuana. The new law took effect on October 1. On Election Day, 63 percent of Massachusetts voters approved Question 3, eliminating statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients. The law takes effect on January 1, 2013.

#4 Schedule I Prohibitive Status For Pot “Untenable,” Scientists Say
The classification of cannabis and its organic compounds as Schedule I prohibited substances under federal law is scientifically indefensible, according to a review published online in May in The Open Neurology Journal. Investigators at the University of California at San Diego and the University of California, Davis reviewed the results of several recent clinical trials assessing the safety and efficacy of inhaled or vaporized cannabis. They concluded: “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”

#5 Marijuana Arrests Decline, But Still Total Half Of All Illicit Drug Violations
Police made 757,969 arrests in 2011 for marijuana-related offenses, according to the Federal Bureau of Investigation’s annual Uniform Crime Report. The total marked a decline from previous years. Of those charged in 2011 with marijuana law violations, 663,032 (86 percent) were arrested for marijuana offenses involving possession only. According to the report, approximately 43 percent of all drug violations in 2011 were for cannabis possession.

#6 Long-Term Cannabis Exposure Not Associated With Adverse Lung Function
Exposure to moderate levels of cannabis smoke, even over the long-term, is not associated with adverse effects on pulmonary function, according to clinical trial data published in January in the Journal of the American Medical Association. Investigators at the University of California, San Francisco analyzed the association between marijuana exposure and pulmonary function over a 20-year period in a cohort of 5,115 men and women in four US cities. They concluded: “With up to 7 joint-years of lifetime exposure (e.g., 1 joint/d for 7 years or 1 joint/wk for 49 years), we found no evidence that increasing exposure to marijuana adversely affects pulmonary function. … Our findings suggest that occasional use of marijuana … may not be associated with adverse consequences on pulmonary function.”

#7 Cannabis Use Associated With Decreased Prevalence Of Diabetes
Adults with a history of marijuana use have a lower prevalence of type 2 diabetes and possess a lower risk of contracting the disease than do those with no history of cannabis consumption, according to clinical trial data published in the British Medical Journal. Investigators at the University of California, Los Angeles assessed the association between diabetes mellitus (DM) and marijuana use among adults aged 20 to 59 in a nationally representative sample of the US population of 10,896 adults. Investigators concluded, “Our analysis of adults aged 20-59 years … Showed that participants who used marijuana had a lower prevalence of DM and lower odds of DM relative to non-marijuana users.”

#8 Medical Cannabis Dispensaries Not Associated With Neighborhood Crime
The establishment of medical cannabis dispensaries does not adversely impact local crime rates, according to a federally funded study published in the July issue of the Journal of Studies on Alcohol and Drugs. Researchers reported: “There were no observed cross-sectional associations between the density of medical marijuana dispensaries and either violent or property crime rates in this study.”

#9 Rhode Island Becomes The 15th State To Decriminalize Pot Possession Penalties
Governor Lincoln Chafee signed legislation into law in June amending marijuana possession penalties for those age 18 or older from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a non-arrestable civil offense — punishable by a $150 fine, no jail time, and no criminal record. The decriminalization law takes effect on April 1, 2013.

#10 Cannabis Reduces Symptoms In Patients With Treatment-Resistant MS
Cannabis inhalation mitigates spasticity and pain in patients with treatment-resistant multiple sclerosis (MS), according to clinical trial data published online in May in the Journal of the Canadian Medical Association. Investigators at the University of California, San Diego assessed the use of inhaled cannabis versus placebo in 30 patients with MS who were unresponsive to conventional treatments. “Smoked cannabis was superior to placebo in symptom and pain reduction in patients with treatment-resistant spasticity,” authors concluded.

Florida Attorney General ‘Just Says No’ To Medical Marijuana

Please find below a recent memo from Florida Attorney General’s office rejecting activist’s petition to reschedule marijuana for medical access. This is notable because Florida is a top five political bellwether state, with an aging population, NORML receives more requests from Florida residents than anywhere else in the country to reform local medical cannabis laws.

Unfortunately, Florida Attorney General Pam Bondi’s office has rejected a petition from the Cannabis Action Network to reschedule cannabis so that sick, dying and sense-threatened medical patients with a doctor’s recommendation can possess and use it legally. As often is the case at the state level, the Attorney General is deferring to federal laws and Congressional intent.

PAM BONDI
ATTORNEY GENERAL
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL

Administrative Law Bureau

Edward A. Tellechea
Chief Assistant Attorney General
PL-01, The Capitol
Tallahassee, FL 32399-1050
Phone (850) 414-3300
Fax (850) 922-6425

December 12, 2012

Jodi James
Director, Cannabis Action Network
Melbourne, FL

Ms. James:

Thank you for your petition wherein you request that the Attorney
General temporarily reschedule cannabis. I have been asked to
respond on the Attorney General’s behalf.

Section 893.0355, Florida Statutes, delegates to the Attorney
General the authority to temporarily reschedule controlled
substances set forth in Section 893.03(1), Florida Statutes, by rule
and addresses what factors shall be considered when making such a
determination. The statute reads in part as follows:

(3) In making the public interest determination, the Attorney
General shall give great weight to the scheduling rules adopted by
the United States Attorney General subsequent to such substances
being listed in Schedules I, II, III, IV, and V hereof, to achieve
the original legislative purpose of the Florida Comprehensive Drug
Abuse Prevention and Control Act of maintaining uniformity between
the laws of Florida and the laws of the United States with respect
to controlled substances.

The above quoted statutory language makes it very clear that when
determining whether a controlled substance should be rescheduled the
Attorney General must give great weight to the current drug
scheduling under federal law. In addition, Florida law also strongly
encourages uniformity in Florida and federal drug scheduling.

The Attorney General does not believe that it is in the best
interest of the public for her to use her authority to temporarily
reschedule cannabis, particularly given the legislative preference
for uniformity with federal drug laws and the fact that cannabis
remains a Schedule I drug under federal law.

Sincerely,

Edward A. Tellechea
Chief Assistant Attorney General

Teen Pot Use Stalls as States Continue to Regulate Use

Despite several attempts by the media and policy makers to associate the rising number of state regulated medical marijuana programs (and popular legalization efforts) with a rise in use and a drop in associated risk, the 2012 Monitoring the Future Survey reports that there was no rise in daily or annual marijuana use among teens.  According to the report, “annual marijuana use [among 8th, 10th and 12th graders] showed no further increase in any of the three grades surveyed in 2012… [And the] daily use of marijuana…remained essentially flat.”  Also of note, despite the sharp decline in perceived risk of marijuana use across all three grades, there was a statistically significant decline of use among 8th graders.   These numbers are consistent with other recent studies showing that states with regulated marijuana programs have not seen an increase in teen use. Some have even seen a decrease in pot use among their youth population.

“This study suggests that exposure among teens to the concept of marijuana regulation policies (one third of whom live in such states) does not cause an increase in use. It is also important to consider that a drop in perceived risk is likely associated with their rejection of the overzealous scare tactics used in most schools’ drug education programs” said Sabrina Fendrick of the NORML Women’s Alliance.

It is important to note, however, that marijuana use rates and availability nationwide remain at relatively high levels, while alcohol use rates remain historically low.  This is most likely due to the fact that the former is illegal and thereby not subject to government controls, while the latter substance is legally restricted to adults only. The same goes for tobacco. We did not have to outlaw cigarettes to reduce the use among minors. A policy of education and regulation (not prohibition) has created an environment in which cigarette usage has fallen to an all time low.  According to the principal investigator of the study, Lloyd Johnston, “[A] lowering teen smoking rates…likely…depend[s] on…changes such as raising cigarette taxes, further limiting where smoking is permitted, bringing back broad-based anti-smoking ad campaigns, and making quit-smoking programs more available.”  It has been proven that age restrictions, coupled with the imposition of government regulation and education are the most effective at reducing youth access to adult-only recreational substances.  According to the 2011 MFS report, the drop in alcohol use can be attributed to a strict regulation scheme that include educational campaigns focusing on responsible use and age restrictions which, in turn, lowers availability.

The report concluded; “In the 1980’s a number of states raised their minimum drinking age to twenty-one, which these researches were able to demonstrate reduced drinking.”  It goes on to say “the proportion of 8th and 10th graders who say they could get alcohol ‘fairly easily’ or ‘very easily’ had been declining since 1996 and continued to drop in all three grades in 2011.  Various other factors of likely importance include…higher beer taxes and restrictions on alcohol promotion to youth.”  The 2012 survey reported that again, “there was no increase in perceived availability of alcohol.”

One can therefore conclude that the only sensible answer to restricting marijuana access to [as well as use among] minors is through state and local government regulation and a message of moderation.

NORML Hosts First Southeastern Regional Conference

This past weekend, National NORML, with the help of its Tennessee affiliate hosted the first NORML Southeastern Regional Conference.  NORML representatives from several southeastern states, including North Carolina, South Carolina, Virginia, Alabama, Tennessee and Georgia met to discuss strategy for legalizing marijuana across the region. This southern coalition met in Nashville with members of NORML’s National board and leaders in the cannabis reform movement.

The event was a great success with informative speakers and an energized, engaged audience.  The conference opened with a special statement from US Representative Cohen who was “sorry [he] couldn’t be there in person,” but wanted to extend his personal support and commitment to our cause.

Speakers included NORML board members Greta Gaines and Paul Kuhn, Chris Butts and Ron Crumption from the Alabama Medical Marijuana Coalition, public health epidemiologist (and victim of prohibition) Bernie Ellis and Texas NORML board member Cheyanne Weldon.  They covered a multitude of topics ranging from the utility of hemp, medical marijuana research, lobbying and public education.  There was also a workshop on team management based on the New Organizing Institute’s development training seminars.

[North Carolina NORML put together a fantastic roundup of content and information from the conference.  Click here to see their report.]  That evening, the Douglas Corner Café hosted a successful fundraiser featuring local musicians Tish Lindsey, Don Ray, Greta Gaines, Chuck Foster and Daniel Lawrence Walker.  Invariably, the Southeast has some of the most draconian marijuana laws, and the lowest level of support for reform in the United States.  This conference and subsequent events will help reformers lay the groundwork for education and effective activism in the most politically conservative region in the country.

If you don’t live in the Southeast, do not fret! NORML Regional Conferences will be coming to your area of the country soon.

Up next: NORML’s First Northeastern Regional Conference in Philadelphia. Stay tuned to norml.org for more info in the coming weeks.

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