Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, October 29, 2018

Colorado Division of Criminal Justice publishes huge new report on "Impacts of Marijuana Legalization in Colorado"

CDPS Banner Image (Grey)As detailed in this press release, on Friday October 26, the "Colorado Division of Criminal Justice Office of Research and Statistics ... released 'Impacts on Marijuana Legalization in Colorado,' a report that compiles and analyzes data on marijuana-related topics including crime, impaired driving, hospitalizations and ER visits, usage rates, effects on youth, and more."  Here a partial summary of the 250+ page report via parts of the press release:

DATA HIGHLIGHTS:

CRIME

Data suggests that law enforcement and prosecutors are aggressively pursuing cases against black market activity.  The quantity of cases filed for serious marijuana-related crimes has remained consistent with pre-legalization levels, however organized crime cases have generally increased since 2008.

  • Felony marijuana court case filings (conspiracy, manufacturing, distribution, and possession with intent to sell) declined from 2008 to 2014, but increased from 2015 through 2017.

    • The most recent increase in filings might be in part because legislation changed the legal indoor plant count, providing law enforcement agencies with greater clarity and tools to increase their enforcement of black market activity.

    • Felony filings in 2017 (907) were still below 2008 filings (1,431).

  • Filings in organized-crime cases followed a similar pattern, with a dip in 2012 and 2013 followed by a significant increase since 2014.

    • There were 31 organized crime case filings in 2012 and 119 in 2017.

  • Filings for juveniles under 18 remain at the same level as pre-legalization.

DUI & TRAFFIC FATALITIES
The impact of marijuana consumption on the safety of drivers is a major focus, as any fatality on our roadways is a concern. More data about the impairing effects of marijuana and more consistent testing of drivers for marijuana are needed to truly understand the scope of marijuana impairment and its relation to non-fatal crashes.

  • The number of trained Drug Recognition Experts increased from 129 in 2012 to 214 in 2018, a 66% increase. Thousands of additional officers have been trained in Advanced Roadside Impairment Detection.

  • Colorado State Patrol (CSP) DUI cases overall were down 15% from 2014 to 2017.

  • The percentage of CSP citations with marijuana-only impairment has stayed steady, at around 7%. The percentage of CSP citations with any marijuana nexus rose from 12% in 2012 to 17% in 2016, then dropped to 15% in 2017.

  • About 10% of people in treatment for a DUI self-reported marijuana as their primary drug of abuse, compared to 86% who report alcohol as their primary drug of abuse.

  • The percent of drivers in fatal crashes who tested positive for Delta-9 THC at the 5ng/mL level decreased from 11.6% in 2016 to 7.5% in 2017.

  • The number of fatalities where a driver tested positive for any cannabinoid (Delta 9 or any other metabolite) increased from 55 (11% of all fatalities) in 2013 to 139 (21% of all fatalities) in 2017....

HOSPITALIZATIONS & ER VISITS
These are critical data points so we can track harmful exposure to children, inappropriate usage, and other drivers of marijuana-related hospitalizations.These and related data points prompted legislative and regulatory developments between 2014 and 2016, including child-resistant packaging requirements, requirements for edibles to be marked with a universal symbol so they can be identified even outside their packaging, limitations on the total amount of active THC in an individual retail marijuana edible, and prohibitions on the manufacturing and sales of edibles in the shape of a human, animal, or fruit.

  • Rates of hospitalization with possible marijuana exposures increased steadily from 2000 through 2015.

  • Human marijuana exposures reported to the Rocky Mountain Poison and Drug Center increased significantly from pre-legalization to 2014, then flattened out from 2014-2017.

SCHOOL DISCIPLINE & ACHIEVEMENT
New data points are helping us gain a better understanding of school discipline; overall the state is not seeing an impact of recreational marijuana use on high school graduation and drop-out rates.

  • The total number of suspensions, expulsions, and law enforcement referrals for any reason has remained consistent post-legalization.

  • Marijuana was the most common single reason for school expulsions (22%) and law enforcement referrals (24%) in the 2016-17 school year, the first full year where marijuana was reported separately as a reason for disciplinary action.

  • Graduation rates are up and drop-out rates are down since 2012.  The Graduation rate rose steadily from a 10-year low point of 72 percent in the 2009-2010 school year to 79 percent in the 2016-2017 school year. Over that same time period, the drop-out rate decreased from 3.1 percent to 2.3 percent.

YOUTH USAGE & ATTITUDES (12-17 years)
Surveys show Colorado is not experiencing an increase in youth usage of marijuana. Preventing negative impacts on youth has been a focus of various state efforts, including public education campaigns that raise awareness about the health and legal consequences of teen marijuana use. The Marijuana Impacts report compiles and analyzes data previously released in the National Survey on Drug Use and Health (NSDUH) and the Healthy Kids Colorado Survey (HKCS) to examine trends related to youth usage and impacts.

  • The youth marijuana rate reported via NSDUH for the 2015/16 school year (9.1%) was the lowest it’s been since 2007/08 (9.1%).

  • According to HKCS, the proportion of high school students reporting using marijuana ever in their lifetime or reporting past 30-day use remained statistically unchanged from 2005 to 2017.

  • According to HKCS, the proportion of students trying marijuana before age 13 went down from 9.2% in 2015 to 6.5% in 2017.

  • Alcohol was the most common substance students reported using at any point in their lives (59%) followed by e-cigarettes (44%) and then marijuana (35%).

https://lawprofessors.typepad.com/marijuana_law/2018/10/colorado-division-of-criminal-justice-publishes-huge-new-report-on-impacts-of-marijuana-legalization.html

Criminal justice developments and reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink

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