HomeMy WebLinkAboutWritten Communications - Public Comment - LippittThe Legalization of Marijuana in Colorado: The Impact
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Vol. 5/October 2017
Rocky Mountain High Intensity Drug Trafficking Area (RM1-HDTA) is tracking the
impact of marijuana legalization in the state of Colorado. This report will utilize,
whenever possible, a comparison of three different eras in Colorado's legalization
history:
• 2006 —2008: Medical marijuana pre -commercialization era
• 2009 — Present: Medical marijuana commercialization and expansion era
• 2013 — Present: Recreational marijuana era
Rocky Mountain HIDTA will collect and report comparative data in a variety of
areas, including but not limited to:
• Impaired driving and fatalities
• Youth marijuana use
• Adult marijuana use
• Emergency room admissions
• Marijuana -related exposure cases
• Diversion of Colorado marijuana
This is the fifth annual report on the impact of legalized marijuana in Colorado. It is
divided into ten sections, each providing information on the impact of marijuana
legalization. The sections are as follows:
Section 1— Impaired Driving_and Fatalities:
• Marijuana -related traffic deaths when a driver was positive for marijuana more
than doubled from 55 deaths in 2013 to 123 deaths in 2016.
• Marijuana -related traffic deaths increased 66 percent in the four-year average
(2013-2016) since Colorado legalized recreational marijuana compared to the
four-year average (2009-2012) prior to legalization.
o During the same time period, all traffic deaths increased 16 percent.
Executive Summary Page 11
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
• In 2009, Colorado marijuana -related traffic deaths involving drivers testing
positive for marijuana represented 9 percent of all traffic deaths. By 2016, that
number has more than doubled to 20 percent. "
Section 2 — Youth Marijuana Use:
• Youth past month marijuana use increased 12 percent in the three-year average
(2013-2015) since Colorado legalized recreational marijuana compared to the
three-year average prior to legalization (2010-2012).
• The latest 2014/2015 results show Coloradoyouth ranked #1 in the nation for past
month marijuana use, up from #4 in 2011/2012 and #14 in 2005/2006. .
• Colorado youth past month marijuana use for 2014/2015 was 55 percent higher
than the national average compared to 39 percent higher in 2011/2012.
Section 3 — Adult Marijuana Use:
• College age past month marijuana use increased 16 percent in the three-year
average (2013-2015) since Colorado legalized recreational marijuana compared to
the three-year average prior to legalization (2010-2012).
• The latest 2014/2015 results show Colorado college-age adults ranked #2 in the
nation for past -month marijuana use, up from #3 in 2011/2012 and #8 in
2005/2006.
• Colorado college age past month marijuana use for 2014/2015 was 61 percent
higher than the national average compared to 42 percent higher in 2011/2012.
• Adult past -month marijuana use increased 71 percent in the three-year average
(2013-2015) since Colorado legalized recreational marijuana compared to the
three-year average prior to legalization (2010-2012).
• The latest 2014/2015 results show Colorado adults ranked Min the nation for
past month marijuana use, up from #7 in 2011/2012 and #8 in 2005/2006.
• Colorado adult past month marijuana use for 2014/2015 was 124 percent higher
than the national average compared to 51 percent higher in 2011/2012.
Executive Summary Page 12
The Legalization of Marijuana in Colorado: The Impact Vol. 5/Octobei 2017
Section 4 — Emergency Department and Hospital Marijuana -Related Admissions:
• The yearly rate of emergency department visits related to marijuana increased 35
percent after the legalization of recreational marijuana (2011-2012 vs. 2013-2015).
• Number of hospitalizations related to marijuana:
o 2011— 6,305
0 2012-6,715
0 2013 — 8,272
0 2014 —11,439
o Jan -Sept 2015 —10,901
• The yearly number of marijuana -related hospitalizations increased 72 percent
after the legalization of recreational marijuana (2009-2012 vs. 2013-2015).
Section 5 — Marijuana -Related Exposure:
• Marijuana -related exposures increased 139 percent in the four-year average
(2013-2016) since Colorado legalized recreational marijuana compared to the
four-year average (2009-2012) prior to legalization.,
Marijuana-QnlX exposures more than doubled (increased 210 percent) in the
four-year average (2013-2016) since Colorado legalized recreational marijuana
compared to the four-year average (2009-2012) prior to legalization.
Section 6 — Treatment:
Marijuana treatment data from Colorado in years 2006 — 2016 does not appear to
demonstrate a definitive trend. Colorado averages 6,683 treatment admissions
annually for marijuana abuse.
• Over the last ten years, the top four drugs involved in treatment admissions were
alcohol (average 13,551), marijuana (average 6,712), methamphetamine (average
5,578), and heroin (average 3,024).
Executive Summary Page 13
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
Section 7 — Diversion of Colorado Marijuana:
• In 2016, RMIMTA Colorado drug task forces completed 163 investigations of
individuals or organizations involved in illegally selling Colorado marijuana
both in and out of state.
o These cases led to:
• 252 felony arrests
■ 7,116 (3.5 tons) pounds of marijuana seized
■ 47,108 marijuana plants seized
■ 2,111 marijuana edibles seized
■ 232 pounds of concentrate seized
■ 29 different states to which marijuana was destined
Highway interdiction seizures of Colorado marijuana increased 43 percent in the
four-year average (2013-2016) since Colorado legalized recreational marijuana
compared to the four-year average (2009-2012) prior to legalization.
• Of the 346 highway interdiction seizures in 2016, there were 36 different states
destined to receive marijuana from Colorado.
o The most common destinations identified were Illinois, Missouri, Texas,
Kansas and Florida.
Section 8 — Diversion by Parcel:
• Seizures of Colorado marijuana in the U.S. mail has increased 844 percent from
an average of 52 parcels (2009-2012) to 491 parcels (2013-2016) in the four-year
average that recreational marijuana has been legal.
Seizures of Colorado marijuana in the U.S. mail has increased 914 percent from
an average of 97 pounds (2009-2012) to 984 pounds (2013-2016) in the four-year
average that recreational marijuana has been legal.
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The Legalization of Marijuana in Colorado: The Impact . Vol. 5/0ctober 2017
Section 9 — Related Data:
• Crime in Denver increased 17 percent and crime in Colorado increased 11
percent from 2013 to 2016.
• Colorado annual tax revenue from the sale of recreational and medical marijuana
was 0.8 percent of Colorado's total statewide budget (FY 2016).
• As of June 2017, there were 491 retail marijuana stores in the state of Colorado
compared to 392 Starbucks and 208 McDonald's.
• 66 percent of local jurisdictions have banned medical and recreational marijuana
businesses.
Section 10 — Reference Materials:
This section lists various studies and reports regarding marijuana.
THERE IS MUCH MORE DATA IN EACH OF THE TEN SECTIONS. THISTUBLICATION MAYBE
FOUND ON THE ROCKY MoUNTAIN.HIDTA WEBSITE; GO TO WWW.RMHIDTA.ORG AND SELECT
REPORTS.
Executive Summary P a g e 1 5
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
Purpose
The purpose of this annual report is to document the impact of the legalization of
marijuana for medical and recreational use in Colorado. Colorado serves as an
experimental lab for the nation to determine the impact of legalizing marijuana. This is
an important opportunity to gather and examine meaningful data and identify trends.
Citizens and policymakers nationwide may want to delay any decisions on this
important issue until there is sufficient and accurate data to make informed decisions.
The Debate
There is an ongoing debate in this country concerning the impact of legalizing
marijuana. Those in favor argue that the benefits of removing prohibition far outweigh
the potential negative consequences. Some of the cited benefits include:
• Eliminate arrests for possession and sale, resulting in fewer people with criminal
records and a reduction in the prison population
• Free up law enforcement resources to target more serious and violent criminals
• Reduce traffic fatalities since users will switch from alcohol to marijuana, which
does not impair driving to the same degree
• No increase in use, even among youth, because of strict regulations
• Added revenue generated through taxation
• Eliminate the black market
Those opposed to legalizing marijuana argue that the potential benefits of lifting
prohibition pale in comparison to the adverse consequences. Some of the cited
consequences include:
• Increase in marijuana use among youth and young adults
• Increase in marijuana -impaired driving fatalities
• Rise in number of marijuana -addicted users in treatment
• Diversion of marijuana
Introduction Page 1 7
The Legation of Marijuana in Colorado: The Impact Vol. 5/October 2017
• Adverse impact and cost of the physical and mental health damage caused by
marijuana use
• The economic cost to society will far outweigh any potential revenue generated
Background
As of 2016, a number of states have enacted varying degrees of legalized marijuana
by permitting medical marijuana and eight permitting recreational marijuana. In 2010,
legislation was passed in Colorado that included the licensing of medical marijuana
centers (dispensaries), cultivation operations, and manufacturing of marijuana edibles
for medical purposes. In November 2012, Colorado voters legalized recreational
marijuana allowing individuals to use and possess an ounce of marijuana and grow up
to six plants. The amendment also permits licensing marijuana retail stores, cultivation
operations, marijuana edible manufacturers, and testing facilities. Washington voters
passed a similar measure in 2012.
Preface
It is important to note that, for purposes of the debate on legalizing marijuana in
Colorado, there are three distinct timeframes to consider: the early medical marijuana
era (2000-2008), the medical marijuana commercialization era (2009 — current) and the
recreational marijuana era (2013 — current).
• 2000 — 2008: In November 2000, Colorado voters passed Amendment 20 which
permitted a qualifying patient, and/or caregiver of a patient, to possess up to 2
ounces of marijuana and grow 6 marijuana plants for medical purposes. During
that time there were between 1,000 and 4,800 medical_ marijuana cardholders and
no known dispensaries operating in the state.
• 2009 — Current: Beginning in 2009 due to a number of events, marijuana became
de facto legalized through the commercialization of the medical marijuana
industry. By the end of 2012, there were over 100,000 medical marijuana
cardholders and 500 licensed dispensaries operating in Colorado. There were
also licensed cultivation operations and edible manufacturers.
Introduction Page 18
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
2013 - Current: In November 2012, Colorado voters passed Constitutional
Amendment 64 which legalized marijuana for recreational purposes for anyone
over the age of 21. The amendment also allowed for licensed marijuana retail
stores, cultivation operations and edible manufacturers. Retail marijuana
businesses became operational January 1, 2014.
Colorado's History with Marijuana Legalization
Medical Marijuana 2000 - 2008
In November 2000, Colorado voters passed Amendment 20 which permitted a
qualifying patient and/or caregiver of a patient to possess up to 2 ounces of marijuana
and grow 6 marijuana plants for medical purposes. Amendment 20 provided
identification cards for individuals with a doctor's recommendation to use marijuana
for a debilitating medical condition. The system was managed by the Colorado
Department of Public Health and Environment (CDPHE), which issued identification
cards to patients based on a doctor's recommendation. The department began
accepting applications from patients in June 2001.
From 2001- 2008, there were only 5,993 patient applications received and only 55
percent of those designated a primary caregiver. During that time, the average was
three patients per caregiver and there were no known retail stores selling medical
marijuana (dispensaries). Dispensaries were not an issue because CDPHE regulations
limited a caregiver to no more than five patients.
In late 2007, a Denver district judge ruled that CDPHE violated the state's open
meeting requirement when it set a five -patient -to -one -caregiver ratio and overturned
the rule. That opened the door for caregivers to claim an unlimited number of patients
for whom they were providing and growing marijuana. Although this decision
expanded the parameters, very few initially began operating medical marijuana
commercial operations (dispensaries) in fear of prosecution, particularly from the
federal government.
The judge's ruling, and caregivers expanding their patient base, created significant
problems for local prosecutors seeking a conviction for marijuana distribution by
caregivers. Many jurisdictions ceased or limited filing those types of cases.
Introduction Page 1 9
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
Medical Marijuana Commercialization and Expansion 2009 - Present
The dynamics surrounding medical marijuana in Colorado began to change
substantially after the Denver judge's ruling in late 2007, as well as several incidents
beginning in early 2009. All of these combined factors played a role in the explosion of
the medical marijuana industry and number of patients:
At a press conference in Santa Ana, California on February 25, 2009, U.S. Attorney
General Eric Holder was asked whether raids in California on medical marijuana
dispensaries would continue. He responded "No" and referenced the President's
campaign promise related to medical marijuana. In mid-March 2009, the U.S. Attorney
General clarified the position saying that the Department of justice enforcement policy
would be restricted to traffickers who falsely masqueraded as medical dispensaries and
used medical marijuana laws as a shield.
Beginning in the spring of 2009, Colorado experienced an explosion to over 20,000
new medical marijuana patient applications and the emergence of over 250 medical
marijuana dispensaries (allowed to operate as "caregivers"). One dispensary owner
claimed to be a primary caregiver to 1,200 patients. Government took little or no action
against these commercial operations.
In July 2009, the Colorado Board of Health, after public hearings, voted to keep the
judge's ruling of not limiting the number of patients a single caregiver could have.
They also voted to change the definition of a caregiver to a person that only had to
provide medicine to patients, nothing more.
On October 19, 2009, U.S. Deputy Attorney General David Ogden provided
guidelines for U.S. Attorneys in states that enacted medical marijuana laws. The memo
advised to "Not focus federal resources in your state on individuals whose actions are
in clear and unambiguous compliance with existing state law providing for the medical
use of marijuana."
By the end of 2009, new patient applications jumped from around 6,000 for the first
seven years to an additional 38,000 in just one year. Actual cardholders went from 4,800
in 2008 to 41,000 in 2009. By mid -2010, there were over 900 unlicensed marijuana
dispensaries identified by law enforcement.
In 2010, law enforcement sought legislation to ban dispensaries and reinstate the
one -to -five ratio of caregiver to patient as the model. However, in 2010 the Colorado
Introduction Page 1 10
The Legalization of Marijuana in Colorado: The Impact Vol. 5/October 2017
Legislature passed HB -1284 which legalized medical marijuana centers (dispensaries),
marijuana cultivation operations, and manufacturers for marijuana edible products. By
2012, there were 532 licensed dispensaries in Colorado and over 108,000 registered
patients, 94 percent of which qualified for a card because of severe pain.
Recreational Marijuana 2013 - Present
In November of 2012, Colorado voters passed Amendment 64 which legalized
marijuana for recreational use. Amendment 64 allows individuals 21 years or older to
grow up to six plants, possess/use 1 ounce or less, and furnish an ounce or less of
marijuana if not for the purpose of remuneration. Amendment 64 permits marijuana
retail stores, marijuana cultivation sites, marijuana edible manufacturers and marijuana
testing sites. The first retail marijuana businesses were licensed and operational in
January of 2014. Some individuals have established private cannabis clubs, formed co-
ops for large marijuana grow operations, and/or supplied marijuana for no fee other
than donations.
What has been the impact of commercialized medical marijuana and legalized
recreational marijuana on Colorado? Review the report and you decide.
Introduction Page 1 11
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