Transcript - American Association of Motor Vehicle

MARIJUANA AND
THE LAW
COURTNEY POPP
Washington State
Traffic Safety Resource Prosecutor
WHAT IS
“MARIJUANA?”
CANNABIS
1
As Relevant to Law Enforcement and Criminal Justice
Delta-9 Tetrahydrocannabinol
Primary psychoactive ingredient in cannabis.
2
Carboxy-THC
The inactive metabolite.
Definitions Matter
• Initiative originally made it difficult for prosecutors to
prove a substance was “marijuana” under the law for
possession charges.
 Redefined marijuana to mean a plant with a delta-9 THC concentration greater than 0.3
percent on a dry weight basis.
 Didn’t take into account the total THC content (delta-9 THC plus THCA).
• Revised fix (EHB 2056) passed Spring 2013.
“STATE” OF MARIJUANA LAWS –
LEGAL, MEDICAL, ILLICIT
Marijuana Laws
September 2013
Alaska
Arizona
California
Colorado*
Connecticut
Delaware
DC
Hawaii
Illinois
Maine
Maryland
Massachusetts
Michigan
Montana
Nevada
New
Hampshire
New Jersey
New Mexico
Oregon
Rhode Island
Vermont
Washington
State*
Legal/Recreational
• Washington
• Colorado
Medical
* Both medical and
recreational marijuana
permitted
LEGAL RECREATIONAL MARIJUANA
Passed by Initiative, Dec 2012
Passed by Constitutional
Amendment, Nov 2012
Washington State’s
Recreational MJ Law
 1 Ounce Marijuana
 72 Ounces MJ-Infused Liquid
 16 Ounces MJ-infused solid product
 21 and Over
 Driving “per se” limit of 5 nanograms
 Driving “per se” limit of 5 nanograms
Is this
the same as
this?
Marijuana Strains – Do They
Mean Anything?
Sativa
Indica
strains are used
more recreational
and can stimulate
a user.
strains are used
more by
medical and
evening users.
Is the science changing?
LEGAL
CHALLENGES
FEDERAL POSITION
FEDERAL LANDS
 Tribal Land
 Military
Installations
 National
Parks
Commercial Motor Vehicles
Cross Border & Trafficking
COURT
CHALLENGES
Driving Under the Influence
• States Differ on DUI Legal
Elements
–Per Se
–“Affected by”
• Samples collected in various
forms
–Urine
–Blood
Driving Under the Influence
• Per Se Level
– Washington State: 5 nanograms THC
– Excludes carboxy-THC/metabolite
• Based on very limited European
research
– No blood conversion rate performed
• NOT tied to impairment
Driving Under the Influence
• Search Warrants
– Missouri v. McNeely
– State Implied Consent Laws
• What is “exigency”?
– Drugs in the body versus alcohol in the
body
JUROR PERCEPTIONS
• Jurors have bought into common
misperception that MJ-impaired drivers are
SAFER
– WA the majority of MJ-involved crash cases
involve speed
– Combining with Alcohol or
other drugs creates additive
effect
JUROR PERCEPTIONS
• Confusing MJ of the 70s with the MJ of today
• Most common “illegal” substance used
outside of alcohol
• Don’t understand that use is distinct from
driving under the influence
• NORML and legalization proponents have
saturated media and public comment
LEGISLATIVE STUMBLES
• Definition of
“marijuana” versus
lab testing
parameters
• Possession versus
Use/Driving
• Commercial Drivers
• Per Se Limits
LEGISLATIVE STUMBLES
• Public and
Environmental Health
Considerations for
Implementation,
Safety and Licensing
• Zoning Issues
TOXICOLOGY
CONSIDERATIONS
Toxicology and Testing
Constraints
• Accreditation informs reporting
level from WA State lab
– ASCLD/LAB International Program (ISO
Standard 17025) awarded July 2010
• Marijuana Tox Lab Reporting
– Marijuana reported out at threshold of 2
nanograms or above
– Blood results include both active THC and
carboxy-THC
Toxicology and Testing
Constraints
• TOX LIMITATIONS
– Signs/symptoms and presence in the
blood versus impairment
– Less published research available than
alcohol
– More blood draws and search warrants
affecting lab turnaround time and
courtroom time
LICENSING CONCERNS
Marijuana and License
Suspensions
Administrative
Suspension
Criminal
Suspension
Courts – Post Conviction
Marijuana and License Suspensions:
By the Numbers
Dec 2012 (legalization) to June 2013 – DOL Stats
260
Per Se
Marijuana
Cases
31 of those
also over .08
for alcohol
FORMS AND CHALLENGES
DUI Packets Needed Revision ($$)
DOL Hearings Examiners Needed Training
Implied Consent Language
Use of Warnings without the word “marijuana” (a/k/a “old forms) has resulted in dismissal
of some suspensions
Marijuana and License Suspensions
• Use of Warnings WITH the word “marijuana”
as amended resulted in legal challenges
– Pending rulings in several jurisdictions
– One has recently ruled in favor of the State
because defendant could not demonstrate
prejudice
• No marijuana, so no prejudice
McNeely & Licensing
Consequences
New ICWs in WA State
remove reference to blood
DOL has lost authority to
administratively suspend licenses for
most misdemeanor DUIs or for blood
refusals
Law Enforcement * Prosecutors * Toxicologists * Jurors
EDUCATION AND
PREPARATION
Drug Recognition Experts, Patrol Officers, and Policy Makers
TRAINING THE
EXPERTS
Drug Recognition Experts
• Standardized and Systematic 12-Step
evaluation process for detecting drugimpairment
• May supplement witness testimony –
bridging officer observations and toxicology
expert testimony
• NOT necessary to arrest/process a
marijuana-impaired DUI
• Must have open communication with
toxicology witness and prosecutor
EQUIPPING LAW
ENFORCMENT
• Reinforce existing training for drug-impaired
drivers
• Instill confidence in their ability to spot and
arrest
• Educate on the signs and symptoms unique
to marijuana impairment
• Teach supplemental field sobriety tests as
appropriate
From Roadside to Courtroom
No one person will exhibit the same signs and
symptoms of impairment as the next person.
We accept this with alcohol, so we need to remember
the same is true (even more so) with alcohol.
Drug Matrix is just a list of
typical signs and symptoms:
a Starting Point
SFST and MARIJUANA
Standardized Field Sobriety Tests apply
to all drugs
Drug Recognition Experts are excellent
but NOT REQUIRED
Get an expert for trial if needed!
Non-Standardized Tests:
Romberg Balance
Lack of Convergence
MAKING FRIENDS AND
INFLUENCING PEOPLE
• Ensure legislators grasp the importance of
properly worded laws and administrative
regulations
• Keep lab personnel in the loop (esp.
regarding testing protocols & parameters)
• Keep up to date on emerging research on
marijuana
• Spread the word!
CANNABIS – ADDITIVE EFFECT
=
Marijuana is the Ranch dressing
of drugs….it goes with everything!
Average Marijuana Potency
1983 - 2013
2013 =
over
30%
1983 =
under 4%
2008 =
over
10%
Methods of Ingestion: Smoking
Bongs, joints, …apples?
What Are We Looking For?
Physical Indicators of Use
Dilated Pupils
Green Tongue
Reddened Conjunctiva
Estimated Duration of Effects
Time from last
“smoking event”
Marijuana
• Peak
• Duration
• Dissipates
• Residual Effects
10-30 minutes
2-3 hours
3-6 hours
Up to 24 hours
The method of ingestion (e.g. smoked versus consumed in an edible) will affect the
peak and duration of effects (and generally result in a “lower” high.
Mental v. Physical Impairment
MARIJUANA tends
to stay in the brain
(mental impairment
is primary)
ALCOHOL AND
OTHER DRUGS
(generally) include
more obvious
physical impairment
ARE YOU NEXT?
CONTACT
Courtney Popp
Traffic Safety Resource Prosecutor
WA State Patrol
Impaired Driving Section
[email protected]
206.720.3018 x24134