Do Medical-Marijuana Laws Save Lives on The Road?

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As legal marijuana spreads across America, mostly for medical use, anxiety about its side effects is spreading with it: What other changes will it bring? Campaigns against loosening the law tend to focus on its unknown and possibly dangerous repercussions—a surge in pot smoking, perhaps opening the door to increased use of harder drugs and to associated spikes in crime and other societal ills.

Amid the heated debate, a small amount of hard data is starting to emerge. And among the most intriguing findings is a recent study suggesting that Massachusetts could enjoy an unexpected boon from last November’s vote to legalize medical marijuana: fewer deaths on our roads and highways.

A team of economists who specialize in health and risk behaviors looked at the link between marijuana laws and traffic deaths, and found that roadway fatalities dropped significantly in states after they legalized medical marijuana. On average, deaths dropped 8 to 11 percent in the first full year after the law went into effect, and fell 10 to 13 percent by year four. Five years out, the results grew more varied, and faded in some cases.

The study doesn’t include Massachusetts, whose medical-marijuana law just went into effect in May, well after the researchers had finished collecting and analyzing their data. But applied to Massachusetts’ most recent traffic fatality statistics, the study’s findings would roughly translate to about 35 lives saved per year.

The notion that loosening the restrictions on a drug—one that’s hardly known for improving reaction times—might actually improve traffic safety is surprising on the face of it, and the researchers are careful to say that there’s nothing safe about driving under the influence of marijuana. But as they try to unpack what might be making the difference, it is becoming clear that the knowledge emerging from America’s new experiments with marijuana law could significantly change the public conversation—giving us new data about the effects of drugs on society, and landing a familiar debate on unfamiliar new ground.

For more than four decades, starting in 1970, a complete prohibition on pot was the law of the land, both federally and in every state. But in 1996, California cracked the door to legalization by allowing medical marijuana, and 19 states have followed. Two states, Colorado and Washington, have fully legalized marijuana for recreational use, both last year. Meanwhile, it remains illegal under federal law to buy, sell, use, or possess pot anywhere, in any amount.

The state-level legalization trend has been so rapid that there are thus far relatively few definitive studies on its effects. For instance, while medical marijuana laws seem to increase pot smoking generally, there are conflicting findings over whether it increases use among teenagers. A scattering of contradictory, often localized, studies have also been done on changes after legalization in crime, emergency room visits, and the use of other drugs. Obviously, each of these categories is complicated, with numerous factors at work.

Daniel Rees, a University of Colorado economist, and his colleagues decided to look at one major but narrow public-health statistic: state-by-state data on traffic fatalities compiled by the National Highway Traffic Safety Administration. They gathered the numbers and controlled for other factors, such as the overall nationwide decline in traffic deaths, and states individually lowering their legal blood-alcohol limits. It didn’t take long to see a pattern: Medical marijuana laws coincided with less roadway carnage.

The bulk of the team’s work, published this spring in the Journal of Law and Economics, was spent trying to figure out why. After parsing the statistics, the researchers themselves chalk the drop in deaths up to “substitution”—the idea that more pot-smoking means less booze-swilling. (It is assumed by most drug researchers that some medical marijuana leaks into the general population, so it’s not just patients who have more access to the drug.) The counter-argument, often used as a case against legalization, is that cannabis and alcohol are “complementary,” meaning that increased use of one spurs more consumption of the other. Once again, studies of this issue have conflicting results, because it’s tough to get precise consumer data about an illegal product. But Rees and his team say a deeper analysis of their data points to lower alcohol use as the likely mechanism for the drop in traffic fatalities.

For one thing, medical marijuana laws had a smaller impact on the number of deaths in crashes where alcohol was not a factor—a 7 percent drop on average, compared to a 13 percent drop in deaths where alcohol was implicated. In addition, the drop in deaths was more robust among young adults (between 20 and 40), especially young men, and it was stronger on nights and weekends. All of that lines up with what’s known about drinking and driving.

When it comes to traffic safety, says Rees, “the uncomfortable conclusion is that you’d rather have young adults smoking marijuana instead of drinking alcohol. Even I’m uncomfortable with it. But that’s where the logic takes us.”

The researchers offer two possible explanations for why more marijuana use could lead to less drunken driving. One is that pot smoking takes place in different circumstances than drinking. Drinking is legal, and drinks are served in many places that can only be reached by car. People drink at bars, restaurants, ball games, picnics, concerts, and just about any adult social gathering; then they drive home. Because recreational marijuana is still illegal in all but two states, it’s used in a much less open range of environments. In other words, people go out and drink, but stoners tend to stay home. (This is one factor that may start to change if legalization takes hold: In early 2013, the first “pot bars” opened in Colorado and Washington.)

The other possible explanation is straightforward, if definitely not something you’re likely to hear from your local chapter of DARE: It could be that pot availability leads to drunk drivers being replaced with stoned drivers, and that stoned drivers are, on average, safer. In fact, while studies indicate that pot is just as bad as alcohol for distance perception, reaction time, and hand-eye coordination, it appears to be less of a danger in simulated and real-world driving tests. Driving high is by no means safe: A meta-analysis by the British Medical Journal early in 2012 found that drivers who were high on marijuana had nearly double the risk of a serious crash compared to sober counterparts. But driving drunk is worse, causing a tenfold increase in accident risk for drivers with a blood-alcohol concentration at the legal limit of 0.08, or a forty-eightfold increase at the old legal limit of 0.1.

The researchers also point out that drivers under the influence of marijuana may “engage in compensatory behaviors” such as driving slowly, avoiding sudden, risky maneuvers, and staying well behind the car in front of them. Perhaps they are just more cautious than a drunk person would be, even though they are still impaired.

Marijuana legalization advocates may be eager to trumpet these results, but the research case is far from closed. Rosalie Pacula, an economist at the RAND Corporation specializing in drug policy research, says medical marijuana laws are far too varied from state to state to draw any broad conclusions about the effects of fuller legalization.

(In Massachusetts, the law’s patient-registration requirement places it on the stricter side, though its allowance for up to 35 dispensaries suggests fairly wide distribution.)

In work she’s presented at academic conferences but has yet to publish, Pacula reanalyzed the same crash incident data and found that the drop in traffic deaths was strongest in states that restrict spillover into recreational use by requiring patients to sign on to a state registry, as Massachusetts does. This muddies the case for “substitution,” since presumably those effects would be strongest when pot was most easily obtained. Along the same lines, Pacula’s analysis found that the decline in deaths was offset when marijuana dispensaries were allowed to operate and advertise their services openly under state law.

“I think they have a really interesting finding,” Pacula says. “But this is just the tip of the iceberg. It’s not, aha, we have it!”

What does seem clear is that as more data become available and pot prohibitions continue to fall, America’s approach to marijuana policy will have to get a lot more complicated than “just say no.” The legality of alcohol means that we have both solid information and precise laws about drinking and driving; now, as better data starts to trickle in about marijuana, what we learn will no doubt influence a variety of health and safety measures.

Rees and his collaborators continue to look at the effects of medical marijuana laws. In a forthcoming paper for the American Journal of Public Health, they have found correlations between medical marijuana laws and declines in suicides, and they’re also looking into a range of other effects.

Even if these results support the substitution theory argued in their traffic fatality study, with marijuana substituting for alcohol and perhaps mitigating some of its harmful effects, they acknowledge that there may be other social problems that pot makes worse than booze ever did. “It’s a possibility,” says Mark Anderson, a Montana State University economist and Rees’s primary collaborator on the marijuana studies. “I think that’s where we let the data tell us what’s going on.”

The one certainty is that drug policy is rife with tradeoffs. As we learn more about the experience of states that relax marijuana restrictions, the fallout will certainly be more complicated than just “good” or “bad.” America’s public experiment with looser drug laws has only just begun to tell us what we’ll need to know.

Chris Berdik is a journalist in Boston. His book, “Mind Over Mind,” was published in 2012 by Current, an imprint of Penguin.

Source: Boston Globe (MA)
Author: Chris Berdik
Published: August 9, 2013
Copyright: 2013 Globe Newspaper Company
Contact: [email protected]
Website: http://www.boston.com/globe/

Lawmakers Revisit Marijuana DUI Standard

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A Colorado lawmaker pushing for a marijuana blood-level limit for drivers said Friday he’s arguing for a fourth time because lives are at stake. The bill supported by Mesa County Republican Sen. Steve King would make Colorado the third state in the country to adopt a drivers’ blood standard for THC, the psychoactive ingredient in marijuana.

Lawmakers have rejected the measure three times, including during a special session earlier this year when it failed in the state Senate on a 17-17 vote.

The Transportation Legislation Review committee is expected to vote Friday on whether to introduce the bill in January.

“People are dying on our highways and byways as a result of people driving under the influence of THC, just like with alcohol 20 years ago,” King said.

The proposal would limit drivers to 5 nanograms of THC per milliliter of blood.

Opponents worry medical marijuana users will be wrongly convicted of driving under the influence. They argue some medical marijuana users can have high THC blood level even when the driver is not impaired, and that the amount stays in their system long after they’ve used the drug.

“We risk convicting people of an impaired driving infraction when they’re not actually impaired,” said Michael Elliott, executive director of the Medical Marijuana Industry Group. “That is an injustice that is a major problem.”

Elliott said opposition to the bill would decrease if the nanogram-level was increased to 10, where “there’s more guarantee that the person is actually impaired.”

Colorado is among 16 states that allow medical marijuana use.

Nevada, which allows medical marijuana, and Ohio have a 2 nanogram THC limit for driving. Pennsylvania has a 5 nanogram limit, but that’s a state Health Department guideline, which can be introduced in driving violation cases.

Colorado law enforcement and the National Highway Safety Administration say there has been an uptick in drivers in fatal accidents testing positive for marijuana use.

Some marijuana activists argue pot-related crash data is incomplete and shouldn’t be used to impose a blood-level limit. They say officer observations, not blood levels, are better for showing a driver is impaired.

Source: Associated Press (Wire)
Author: Ivan Moreno, The Associated Press
Published: September 15, 2012
Copyright: 2012 The Associated Press

Pot-Smoking Driver Raises Issues

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The recent acquittal of a Saskatchewan driver on impaired driving charges — even though she admitted using marijuana before hitting the road and bungled a number of coordination tests — is raising questions about the ability of law enforcement to go after drugged drivers.

Some advocates say that Canada’s drug-impaired driving laws introduced in 2008 are deficient and that federal lawmakers should move to adopt drug-intake thresholds similar to the 0.08 blood-alcohol limit.

The judge in the Saskatchewan driver’s case said police and prosecutors failed to convince him that her use of marijuana actually affected her ability to operate a vehicle.

Saskatoon police set up a roadside checkpoint on June 19, 2011. An officer approached a vehicle and smelled an overwhelming odour of marijuana.

The driver admitted to the officer that she had smoked marijuana about 2-1/2 hours earlier. The officer, who was a trained drug recognition evaluator, had the driver perform a number of coordination tests. During the walk-and-turn test, the driver missed a number of heel-toe steps and failed to turn, as instructed. During the finger-to-nose test, she was able to touch her nose only once during six attempts.

The officer also noticed eyelid tremors and reddening of the drivers’ eyes.

Following these and other tests, the officer concluded the driver had marijuana in her system, which was later confirmed by a urine analysis.

But in a court ruling Aug. 21, provincial court Judge Daryl Labach said the evidence presented in court only showed that the accused had used marijuana prior to being stopped and that some of it was still in her system when she was evaluated by police.

“What (the officer’s) evidence does not convince me of is that at the time she was driving, her ability to operate a motor vehicle was impaired by marijuana,” he said.

The judge said he was left with many questions: What signs of impairment would one expect to see in someone who has been using marijuana? How long after using marijuana would you expect to see these signs and how long would they last? Was the accused’s performance in some of the tests just as consistent with someone who has poor balance or poor coordination as it was with someone who had used marijuana?

The lack of answers, and the lack of evidence of erratic driving, raised reasonable doubt the driver was driving impaired, the judge said.

There have been similar acquittals in other jurisdictions. Labach referred to a 2010 case out of Ontario.

A man had hit a mailbox with his car and went off the road. Police observed that the driver had droopy eyes, slow and thick speech, and was unco-ordinated.

A police drug-recognition expert concluded that the driver was likely impaired by a central nervous system depressant, which was later confirmed by a urine analysis.

But Ontario Justice Stephen J. Fuerth acquitted the driver, saying evidence of the driver’s impairment was “far from compelling,” and that the Crown had failed to show beyond a reasonable doubt that the drug had caused the driver to be impaired at the time he was driving.

“The hurdle for the Crown in these cases is to relate back the findings of the evaluation, and the subsequent chemical analysis, to the time of the driving,” the judge said in his decision.

Representatives of Mothers Against Drunk Driving (MADD) said Friday that data on drug-impaired driving convictions in Canada have been difficult to obtain. But they said there is now growing recognition that federal lawmakers need to remove some of the subjectivity contained in Canada’s drug-impaired driving laws by simply adopting “per se” limits for certain common illicit drugs, as there is for alcohol.

“This is the way to go,” said Robert Solomon, a law professor at Western University and MADD’s national director of legal policy. “We need clear, bright line indicators … that are capable of enforcement.”

One challenge, however, is getting experts to agree how much of a certain drug needs to be found in someone’s system to constitute impairment.

Solomon said that “there’s no reason for Canada to reinvent the wheel” as many jurisdictions in the United States, Western Europe and Australia have already adopted such standards.

Asked for comment Friday, a spokesman for Justice Minister Rob Nicholson said: “Our government takes impaired driving very seriously. This is why we increased the penalties for impaired driving while giving police new tools to better investigate drug-impaired driving.”

Source: Calgary Herald (CN AB)
Copyright: 2012 Canwest Publishing Inc.
Contact: http://www2.canada.com/calgaryherald/letters.html
Website: http://www.calgaryherald.com/
Author: Douglas Quan