Friday 20 May 2016

Studies link traffic fatality increase, marijuana legalization

By Robin Hohweiler

In a case of unintended consequences, the surge in recent years of states legalizing or decriminalizing recreational and medicinal marijuana use appears to be causing an uptick in the number of marijuana-related traffic fatalities. In a weird twist, it may very well be that laws regulating the use of legalized marijuana are part of the problem.

The AAA Foundation for Traffic Safety recently released the results of studies conducted that revealed traffic fatalities of individuals who recently used marijuana doubled in Washington State after the state legalized the drug.

"These findings raise serious concerns about drug-impaired driving especially now that 20 or more states are considering marijuana legalization this year, including here in Oklahoma where a petition drive seeks to place the matter of legalizing the medicinal use of cannabis before the people this November," said Chuck Mai, spokesman for AAA Oklahoma. "Washington was one of the first two states to legalize the recreational use of marijuana."

Also released recently by the AAA Foundation is new research that shows that legal limits for marijuana and driving are arbitrary and unsupported by science, which could result in unsafe motorists going free and others being wrongfully convicted for impaired driving.

The Foundation examined drug tests and fatal crashes among drivers in Washington, a state that legalized recreational use of marijuana in December 2012.

Among the studies' findings were that the percentage of drivers involved in fatal crashes who recently used marijuana more than doubled from 8 to 17 percent between 2013 and 2014.

"In an attempt to enforce drug-impaired driving, some states have created legal limits, also known as per se limits, which specify the maximum amount of active THC that drivers can have in their system based on a blood test," said Mai.

"These THC limits are similar in concept to the .08 BAC limit for driving under the influence of alcohol, but with THC, it's an entirely different matter in terms of gauging risk behind the wheel."

Researchers examined the lab results of drivers arrested for impaired driving, and the results suggest that legal limits for marijuana and driving cause many problems:

• There is no science showing that drivers reliably become impaired at a specific level of marijuana in the blood. Depending on the individual, driving with relatively high levels of marijuana in their system might not be impaired, while others with low levels may be unsafe behind the wheel.

This finding is very different from alcohol, where it is clear that crash risk increases significantly at higher BAC levels.

• High THC levels may drop below legal thresholds before a test is administered to a suspected impaired driver. The average time to collect blood from a suspected driver is often more than two hours because taking a blood sample typically requires a warrant and transport to a facility.

Active THC blood levels may decline significantly and could drop below legal limits during that time.

• Marijuana can affect people differently, making it challenging to develop consistent and fair guidelines. For example, frequent users can exhibit persistent levels of the drug long after use, while drug levels can decline more rapidly among occasional users.

"There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment, in the same manner as we do with alcohol," said Marshall Doney, AAA's national president and CEO.

"In the case of marijuana, this approach is flawed and not supported by scientific research. It's simply not possible today to determine whether a driver is impair based solely on the amount of the drug in their body."

AAA is urging states to use more comprehensive enforcement measures to improve road safety. Rather than relying on arbitrary legal limits, states should use a two-component systems that requires (1) a positive test for recent marijuana use, and most importantly, (2) behavioral and physiological evidence of driver impairment.

This system would rely heavily on two current law-enforcement training programs: Advanced Roadside Impaired Driving Enforcements (ARIDE) and the 50-state Drug Evaluation and Classification (DEC) program. These programs train law enforcement officers around the country to more effectively recognize drug-impaired driving.

"Marijuana can affect driver safety by impairing vehicle control and judgement," said Doney. "States need consistent, strong and fair enforcement measures to ensure that the increased use of marijuana does not impact road safety."

Four states - Alaska, Colorado, Oregon and Washington - plus Washington, D.C., have legalized the recreational use of marijuana and 20 states have legalized it for therapeutic and medicinal use.

Montana and Washington have implemented a per se limit for marijuana at 5 ng/mL (nanograms per milliliter); Nevada and Ohio have set a limit at 2 ng/mL; and Pennsylvania's is set at 1 ng/mL. Twelve states have strict per se laws that forbid the presence of any levels of marijuana. In Colorado, a blood concentration of 5 ng/mL or more gives rise to permissible inferences that a person was driving under the influence of the drug.

The two studies referred to in this article may be found on the following websites:

"Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014" - http://publicaffairsresources.aaa.biz/wp-content/uploads/2016/04/Prevalence-of-Marijuana-Involvement-Report-FINAL.pdf

"An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per Se Limits for Cannabis" - http://publicaffairsresources.aaa.biz/wp-content/uploads/2016/04/Evaluation-of-Drivers-in-Relation-to-Per-Se-Report-FINAL.pdf

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