enforcement against illegal operators and measuring ...€¦ · first craigslist marijuana deal...
TRANSCRIPT
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Denver Marijuana Management Symposium 2018
Enforcement and Measuring Cannabis Impaired Driving
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Glenn Davis
Highway Safety Manager since 2004
Colorado Department of Transportation
(CDOT)
Highway Safety Office (HSO)Impaired Driving
Standard Field Sobriety Testing
Motorcycle Safety
Law Enforcement Coordination
Police Traffic Services
Speed Enforcement and Control
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Colorado DUI Definition
• A Person
• Operates a Motor Vehicle/Vehicle
• Impaired =slightest degree/Influenced = substantially incapable by Alcohol, 1 or more Drugs or a combination of Alcohol and Drugs
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Change in DUI Law since Legalization
• Five nanograms or more of delta 9 tetrahydrocannabinol per
milliliter in the whole blood = permissible inference that the
defendant was under the influence of one or more drugs.
• Arrestees can choose to refuse, breath (alcohol only) or blood
• Law Enforcement may often choose breath if alcohol is
dominant drug
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Challenge of Delta-9 THC Over Time
120
100
80
60
40
20
00 0.1 0.25 0.5 0.75 1 1.5 2 3 4 5 6 7 8
Mea
n T
HC
co
nce
ntr
atio
n(n
g\m
l)
Toennes graph
Time after smoking (hours)
Chronic users Occasional users 5 ng/ml
Source: Adapted from Toennes, S., Ramaekers, J., Theunissen, E., Moeller, M., & Kauert, G. (2008). Comparison of cannabinoid pharmacokinetic properties in occasional and heavy users smoking a marijuana or placebo joint. Journal of Analytical Toxicology, 32, 470-477.
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31,472 31,442
26,010
31,055 30,958 31,472
23,54422,218
20,397 20,424
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
FY13 FY14 FY15 FY16 FY17 FY18
Fiscal Year
DUI/DWAI Case Filings in Colorado, FiscalYear (FY) 2009 to Fiscal Year 2018
FY09 FY10 FY11 FY12
Source: Colorado Judicial Branch Annual Statistical Report, Fiscal Year 2018
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DUI Citations Colorado State Patrol
4,820
4,0423,610
3,871
245
259
112201
107204 168
213
210
239153
216
359
335
388335
2 0 1 4 ( Tot a l= 5 ,7 0 5 ) 2 0 1 5 ( Tot a l= 4 ,8 9 8 ) 2 01 6 (Tota l=4 ,63 5) 2 01 7 (N =4 ,84 9)
Marijuana only
Marijuana & alcohol
Marijuana & other drugs
Other drugs
Alcohol only
652,13% 780,
17%
684,12%
719,15%
Source: Colorado State Patrol (2017).Note: Drug impairment determination is based on trooper’s informed perception and not toxicology results
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Marijuana-involved Fatalities on Colorado Roadways
23 3242 45 46
18
3126
46 36
9
6
22
2632
5
6
8
825
0
20
40
60
80
100
120
140
160
Tota
lfat
alit
ies
2013 (N=481) 2014 (N=488)
Cannabinoid only Cannabinoid & other drugs
2015 (N=546) 2016 (N=608) 2017 (N=648)
Cannabinoid & any alcoholCannabinoid, any alcohol, and any other drugs
55
75
98
125
139
Source: Colorado Department of Transportation, Data Intelligence Group, Toxicology Data (2018).Note: a) Numbers are based on toxicology results where at least one driver was tested for drugs after a crash.b) The presence of a cannabinoid does not necessarily indicate recent use of marijuana or impairment.
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Marijuana-involved Fatalities on Colorado
1%
6%
13%
20%
3%
11%
8%
Roadways22%
0%
5%
10%
15%
20%
25%
Present but less than 1ng
Any Delta 9 detected
% o
f al
l fat
alit
ies
wit
h d
rug
test
edd
rive
rs
1ng to <5ng 5ng or higher
Delta 9 THC level of driver
2016
2017
3
13
22
49
52
35
77
97
Source: Colorado Department of Transportation, Data Intelligence Group, Toxicology Data (2018).Note: Percents are based on tested drivers, which are about 46% of all drivers involved in fatal crashes. Colorado has established a “permissible inference of impairment at 5 ng/mL Delta-9 THC.
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Best Practices/Lessons Learned
• Find the/a baseline
• Identify barriers (Peace Officer Training, Definitions of Impairment, Public Attitudes, Arrestee Options)
• Take advantage of environment ($) to improve data
• Find ways to reach your audience (cannabis consuming roadway users)
• Have a position, theory, sound bite for results
• Colorado’s goal is to create new social norms leading a path for the US.
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For Information on CDOT Impaired Driving Programs
Glenn Davis
Highway Safety Manager
Colorado Department of Transportation
Office of Transportation Safety
Highway Safety Office
303 757 9462
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City of Sacramento, CA
• Located 90 miles north of San Francisco
• Capitol of California
• Population of 500,000
• 100 square miles
• Approximately 700 sworn officers
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Response to indoor residential grows
• Over 600 houses using more than 4,000 kWh
Average house in Sacramento uses 500-1,000 kWh
• City ordinance: $500 per plant fine
• Created three enforcement teams, each with one sergeant and four officers
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Three paths voluntary, criminal and civil
Voluntary compliance
• Warning letters (under 8,000 kWh)
• Voluntary inspections
• Knock and talks for non-response
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Criminal
• Search warrant if over 8,000 kWh
• All marijuana, lights and ballast seized
• Bank freeze/seizure orders
• Building inspector condemns house
• Power company removes the meter
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Civil
• Civil citation issued to owner
$500 per marijuana plant (six plants allowed)
• City Attorney’s Office handles civil action
• Liens placed on houses
• Civil nuisance lawsuits filed on repeat offender
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VICE AND DRUG CONTROL BUREAU
Denver Police Department
Special Investigations Division
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COLORADO
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VICE DRUG CONTROL
BUREAU
LT. ANDREW HOWARD
HOWARD
2010 Happy Narcotics Sergeant
First ever Marijuana Enforcement Team
First Craigslist Marijuana deal
Numerous hours with D.A.’s
Plant sampling protocol
Major issues: diversion and home grows
2013 Rec MJ becomes legal -- leave to task force
August 2016 come back-more regulation, more bureaucracy-same problems
Currently have 3 sgts and 13 detectives dedicated to marijuana
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THINGS TO REMEMBER
Get things figured out
in advance
1
Spend time with
District and City
attorneys- get cell
phone numbers for the
1am phone calls
2
Create zoning rules
regarding number of
plants, locations,
access allowed, fire
safety
3
Begin building relationships
with other City Agencies now:
ALL of THEM.
This is critical to successful enforcement and protection OF
FIRST RESPONDERS.
4
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CITY OF DENVER’S APPROACH TO MJ ENFORCEMENT
Enforcement of Colorado’s Title 18- DTO’s, Large
unlicensed commercial grows, Residential Grows, Hash-
Labs, etc.
Strong Effective Regulatory Enforcement- Enforcement of
Colorado Rules AND criminal laws; CRS Title 12 to
discipline individuals and license holders
Collaborative enforcement- and problem solving with all
applicable agencies and groups
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BACKYARD
GROWS
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RESIDENTIAL GROWS
IN GARAGES
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HOMICIDE
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NUMBER ONE CITIZEN NARCOTIC COMPLAINT
Effects quality of life
Hard to investigate -- odor and venting are no longer
probable cause!!
Hard to prosecute -- medical vs rec; Caregiver model
Make it easy for citizens to report --specific phone number,
website, twitter, social media, etc
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CITIZEN COMPLAINT RESULTS
Approx. 184 investigated in 2017
11 Hash labs investigated this year
Over 80 + active complaints
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DIFFERENT GROWS
Licensed: Unlicensed:
• Not regulated by Marijuana Enforcement division
• No licenses
• Usually clandestine and possibly illegal
• More of a possibility of parties inside being armed
• Increased chance of illegal pesticides being used
• Increased chance of CO2 being used in an excessive manner
• Increased chance of Mold
• Increased chance of fire or electrical hazards
• Higher chance of illegal mezzanine and dangerous interior
structures
• Monitored by the marijuana enforcement division
• Both state and local licenses
• Regulated and monitored
• Less chance of illegal chemicals (sulfur and/or pesticides)
• Less chance of too much CO2 in the environment
• SWAT more likely to be called to check location due to valid
alarms
• Possible armed guards
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COORDINATION
Bi-weekly meetings with marijuana team & city and district attorney
Analyzing cases
Staying up to date on new case law/legislation
This relationship was unheard of prior to legalization of marijuana
DPD gets the equipment needed because of the office of marijuana policy
Nothing brings people together like “weed”
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COMMUNITY
OUTREACH AND
AWARENESS
Educate the community via social media:
https://www.facebook.com/denverpolice/videos/123004294
7100686/
Consolidate complaint intake: 911, 311, narcotics, etc…
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What has LAPD done?
• Roadside screening tools
– Drager Drug Test 5000
• Streamline warrant system
– Currently working on e-warrant from police car
• Phlebotomist at all checkpoints
– Selecting mobile phlebotomy company (24hrs)
• Vertical DUI-D Prosecution
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What has LAPD done?
• Public Education
– Schools
– Colleges
– Grade schools
– Dept. Child and Family Services
– Flyers at checkpoints• Partnership with AAA
• Cannabis & Driving Studyat Center for Medicinal Cannabis Research
• Reviewed CDE (California Department of Education) Blueprint
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California’s Recreational v. Medical Marijuana
Recreational Medical
• 18 Year and older
• No limit on plants but cultivation
limited to 100 sq. feet
• 13 Debilitation medical
conditions as opposed to 9 in
Colorado
• Doctor recommendation needed
– 758,607 card holders in 2016
• No sales tax
• Subject to other taxes
• 21 Years and older
• Possess up to 1 ounce Cannabis
• Possess up to 8 gross grams of
Concentrated Cannabis
• Grow up to 6 plants per
residence
• $9.25 per ounce State tax
• Local Sales tax
• 15 % excise tax
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Contact information
Kamaron Sardar #37806
DRE Agency Coordinator
p. (323)276-2396
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Sûreté du Québec
Lieutenant Patrick CondonCannabis Contraband Division
November 2, 2018
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Octobre 17th
2018
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Regulatory framework
Juillet 2018
FEDERAL
Supervision of production for commercial purposes (private enterprises)
Removing cannabis of the CDSA and creation of new Criminal Code
offenses
Legalizing the possession and sharing between adults of 30 grams
PROVINCIAL
Supervision of distribution and sales
Creation of Société québécoise du cannabis (SQDC)
Branches and online sales
Penal offense:
personal production: Illegal in Québec
storage in a dwelling house (150 grams)
Limited public consumption and possession places
MUNICIPALRestrictions regarding zoning for the production and sale of cannabis
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Cannabis
Contraband
Division
ACCES
Cannabis
Cut off illegal supply line (home grows, outdoor productions, importations)
Disrupt illegal distribution (marijuana dealer)
Unsettle online black market