Proposition 64 puts traffic safety at risk

By ROBERT T. BOUTTIER and KEN CORNEY

As Californians consider Proposition 64, the November ballot measure to legalize recreational, nonmedical marijuana use, voters must understand how the measure would worsen the growing problem of drugged driving.

According to new AAA Foundation for Traffic Safety research, fatal crashes involving drivers who recently used marijuana more than doubled – from 8 percent to 17 percent – in Washington one year after the state legalized the drug for recreational use. This translates to one in six drivers involved in fatal crashes testing positive for active-THC, the ingredient in marijuana that causes impairment.

While the data analyzed for the study did not include enough information to determine which driver was at fault in a given crash, the trend is troubling because the proportion of fatal crashes involving marijuana in Washington had been relatively stable between 2010 and 2013.

In fact, marijuana decreases driver performance and attention, and increases reaction time and lane deviation. Furthermore, previous research shows that drivers killed in crashes who tested positive for marijuana were 1.3 to 6.6 times more likely to have caused the collision.

The AAA Foundation research also found that, unlike tests used today by law enforcement to measure blood alcohol content, or BAC, to enforce drunk-driving laws, there is no similar, reliable or scientific way to test for marijuana impairment. For example, some drivers with high active-THC levels may not be impaired, while others with relatively low levels may be unsafe behind the wheel.

There is just no easy way to test whether a driver is impaired by marijuana. Unlike alcohol, it can’t be determined by breath or blood tests alone.

These limitations and uncertainties pose a serious challenge for law enforcement to identify and prosecute marijuana-impaired drivers.

Without solid measures in place to detect and prosecute for marijuana-impaired driving, California would essentially legalize a drug with little knowledge of its impact on traffic safety and no good way to enforce against on our streets and freeways. Based on AAA’s research in Washington, we can assume that the availability and use of marijuana will increase, which will naturally lead to increases in drugged driving – and, sadly, traffic deaths.

Earlier this month, the Auto Club hosted a statewide drugged driving summit bringing together professionals in a multitude of fields to learn what California faces if recreational marijuana is legalized. Experts discussed their findings regarding marijuana’s and other drugs’ effects on traffic safety, including the fact that while drunk driving has decreased in recent years, drug-impaired driving is on the rise both statewide and nationally.

A prominent 2014 National Highway Traffic Safety Administration survey of alcohol and drug use by weekend nighttime drivers at 300 roadside checkpoints across the nation revealed some disturbing results. While alcohol use by drivers dropped between 2007 and 2014, the proportion of drivers with a drug in their systems grew from 16.3 percent to 20 percent in the same time period, a significant increase. The drug showing the greatest spike was marijuana, with an increase of 48 percent.

The 2012 California Roadside Survey of Alcohol and Drug Use by Drivers revealed that nearly one in five fatal collisions involved at least one driver who tested positive for drug use. Drugged driving is clearly already a significant problem for the state.

The Auto Club and the California Police Chiefs Association oppose Prop. 64. We have a genuine traffic safety concern related to the legalization of recreational marijuana use. It has taken generations to educate the public about drinking and driving and to strengthen laws to reduce drunk driving. Prop. 64 would create new traffic safety issues and increase the problem of impaired driving.

The AAA Foundation research raises many concerns about whether we are prepared to address the traffic safety risks Prop. 64 poses. More studies are needed before making such a far-reaching policy change that could have unintended, but tragic, consequences for traffic safety. Prop. 64 is a gamble on the public’s safety, which isn’t a risk worth taking.

Robert. T. Bouttier is CEO of the Automobile Club of Southern California and Ken Corney is board president of the California Police Chiefs Association and chief of police at the Ventura Police Department.