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Potheads and Patients: State Perspectives on Legal
and Medical Marijuana
ERIN INMAN Montana Traffic Safety Resource Prosecutor
COURTNEY POPP Washington Traffic Safety Resource Prosecutor
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WHAT IS “MARIJUANA?”
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CANNABIS • Delta-9 Tetrahydrocannabinol (THC) is the
primary psychoactive ingredient in cannabis.
• Carboxy-THC is the inactive metabolite.
A hybrid Cannabis strain (White Widow) flower coated with
trichomes, which contain more THC than any other part of the
plant
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CANNABIS • 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 • Initiative originally made it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 law (EHB 2056) passed Spring 2013.
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Cannabis Strains
Sativa strains are used
more recreational and can stimulate a
user.
Indica strains are used more by medical
and evening users.
Science hasn’t backed all of the claims of users as to the
differing highs New research indicates that different strains may
be able to produce “medical” benefits with fewer psychoactive
effects
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Cannabis – Additive Effect
= Marijuana is the Ranch dressing of drugs….it goes with
everything!
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• Even VERY low levels of cannabis combined with VERY low levels
of alcohol are going to be impairing.
• Studies are showing that users (even chronic) cannot build up
a tolerance to the additive effect of cannabis and alcohol.
Cannabis – Additive Effect
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Estimated Duration of Effects
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).
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Average Marijuana Potency
1983 - 2013
1983 = under 4%
2008 = over 10%
2013 = over 30%
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MEDICAL MARIJUANA
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NORML
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Medical Marijuana
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States with Medical Marijuana
Alaska Arizona California Colorado Connecticut Delaware Hawaii
Maine Michigan
Montana Nevada New Jersey New Mexico Oregon Rhode Island Vermont
Washington Washington, D.C.
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States with pending legislation re: medical marijuana
Alabama Florida Illinois Iowa Kansas Kentucky Missouri
New Hampshire Maryland New York West Virginia
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General Composition
Debilitating Medical Condition Doctors referral Caregivers
Amount of marijuana
• Ounces • Plants
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It’s Medicine!
Alleviates whatever ails you! No side effects! You can never
overdose!
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What is the problem with this picture?
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Dr. referral
Marijuana may help.
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MMJ Card
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2004
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2011
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Montana Democrat Party Platform
Medical Marijuana WHEREAS, the voters of Montana approved by
initiative the compassionate use of medical marijuana THEREFORE, BE
IT RESOLVED that the Montana Democratic Party supports the right of
qualified patients, with a medical condition where marijuana is
appropriate, to have safe access to medical marijuana.
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Expansion or Contraction?
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Feds Marijuana, a Schedule 1 substance under federal law,
remains illegal pursuant to 21 U.S.C. 801, et. seq. and it is a
crime to manufacture, distribute, or dispense, or possess with
intent to manufacture, distribute, or distribute a controlled
substance.
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RECREATIONAL MARIJUANA LAWS
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Where is Marijuana Legal?
WASHINGTON
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Legal Recreational Marijuana Comes to Washington State!
Initiative 502, Enacted into law Dec 6, 2012
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What is now “Legal?” • Possession of up to:
– 1 ounce of marijuana, – 72 ounces of marijuana-infused liquid,
and/or – 16 ounces of marijuana-infused solid product
• Must be over age 21 (zero tolerance for under 21)
• Creates per se level of 5 nanograms of marijuana (blood) for
driving
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State Law v. Federal Law
• Marijuana still a controlled substance under Federal Law
• Tribal and military lands still follow federal law •
Surrounding border states do not have legal
recreational marijuana • Commercial motor vehicles have
different
standards, and no reference in our WA law
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MARIJUANA
LEGAL CHALLENGES
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LICENSING CONCERNS
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Marijuana and License Suspensions
• WA State divides licensing issues into administrative
suspension (DOL) and criminal (post-conviction suspension)
• Administrative Hearings conducted by DOL Hearing Examiners
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Marijuana and License Suspensions: By the Numbers
Dec 2012 (legalization) to June 2013 – 260 DUI cases sent to
Dept of Licensing with a
blood result was at or above the 5 nanogram THC per se
level.
– 31 of that 260 were also above the .08 per se limit for
alcohol.
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Marijuana and License Suspensions
• Forms and Challenges – DUI packet needed revision – Cost
prohibitive – Implied Consent Warnings created as separate
“add in” page – Use of Warnings without the word “marijuana”
(a/k/a “old forms) has resulted in dismissal of some
suspensions
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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
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Marijuana and License Suspensions
• Post-McNeely Implied Consent Changes – WA has removed “blood”
from Implied Consent as
of Sept. 28, 2013 – DOL will no longer suspend licenses of
DUI
offenders refusing a blood test, or providing a blood sample on
most misdemeanor DUI
• Exceptions: unconscious driver or crash causing serious (but
not felony) injury to another
– Felony DUI/vehicular homicide/vehicular assault will still
have a license suspension
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GENERAL LEGAL ISSUES
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Impairment versus Per Se Levels
• Per Se Level in WA is 5 nanograms THC • Based on very limited
European research
– Whole blood versus serum blood • NOT tied to impairment
– Unlike the .08 for alcohol • Dissipates quickly – low
blood results = aquittal
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Toxicology & Testing Constraints
• ISO Accredited lab in WA State • Testing limited to reporting
out at 2
nanograms or above • Statute also contains provisions for
potency
testing of evidential marijuana (but no testing protocols in
place yet)
‘Bud’ of cannabis plant
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Public Perception and Misinformation
• Jurors have bought into common misperception that MJ-impaired
drivers are SAFER – WA: majority of MJ-involved crashes
involve speed
• Confusing MJ of the 70s with the MJ of today
• Don’t understand that use is distinct from driving under the
influence
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Public Perception
• Local news station holds informal ‘smoking lab’ using citizens
on driving course while using MJ.
http://www.youtube.com/watch?v=YdX0oJ9eOQk
http://www.youtube.com/watch?v=YdX0oJ9eOQk�http://www.youtube.com/watch?v=YdX0oJ9eOQk�
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SFST and MARIJUANA
• SFST 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
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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
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From Roadside to Courtroom
• No one person will exhibit the same signs and symptoms of
impairment as the next person. – “DUDE….I LOVE YOU, MAN!” v.
Angry
• Drug Matrix or List of Signs and Symptoms are a Starting
Point
It is what it is! Everything is possible.
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What Are We Looking For?
Forms of Use and Ingestion
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Where Can You Learn More?
• www.erowid.com • Youtube.com or Google
Search Terms: Marijuana butter High Baked Marijuana and driving
DIY Bong
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CONTACT INFO
Courtney Popp Traffic Safety Resource Prosecutor WA State Patrol
– Impaired Driving Section 811 E Roanoke St Seattle, WA 98125
[email protected]
Erin Inman Traffic Safety Resource Prosecutor Montana (406)
449-1255 [email protected]
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Potheads and Patients: �State Perspectives on Legal and Medical
MarijuanaWhat is �“Marijuana?”CANNABISCANNABISCannabis
StrainsCannabis – Additive EffectCannabis – Additive
EffectEstimated Duration of Effects Slide Number 9MEDICAL
MARIJUANA2700 B.C.2000 B.C.HashishSlide Number 14Slide Number
15Slide Number 16Slide Number 17Slide Number 18NORMLSlide Number
20Slide Number 21Slide Number 22States with Medical MarijuanaStates
with pending legislation re: medical marijuanaSlide Number
25General CompositionSlide Number 27It’s Medicine!Slide Number
29Dr. referral MMJ CardSlide Number 32Slide Number 33Slide Number
34Slide Number 35Slide Number 36Montana Democrat Party
PlatformExpansion or Contraction?FedsRecreational �Marijuana
LawSWhere is Marijuana Legal?Slide Number 42What is now
“Legal?”State Law v. Federal LawSlide Number 45Slide Number
46Marijuana and License SuspensionsMarijuana and License
Suspensions:�By the NumbersMarijuana and License
SuspensionsMarijuana and License SuspensionsMarijuana and License
SuspensionsGeneral Legal IssuesImpairment versus Per Se
LevelsToxicology & Testing ConstraintsPublic Perception and
MisinformationPublic PerceptionSlide Number 57SFST and MARIJUANA
SIGNS of MARIJUANA IMPAIRMENT Slide Number 60From Roadside to
CourtroomWhat Are We Looking For?Where Can You Learn More?Contact
Info
