The$Legalization$of$Marijuana$in$Colorado:$
The$Impact$Volume$5$–$2018,$UPDATE$
$
Attached$please$find$portions$of$a$recent$report$prepared$by$the$
Rocky$Mountain$High$Intensity$Drug$Trafficking$Area$Strategic$
Intelligence$Unit.$It$is$dated$September$2018.$$
$
Attached$in$this$document$please$find:$$
1. Executive$Summary$$
2. Section$I:$Traffic$Fatalities$&$Impaired$Driving$
$
The$full$report$can$be$found$here:$$
https://rmhidta.org/files/D2DF/FINAL-%20Volume%205%20UPDATE%202018.pdf$
$
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Executive Summary 1
Executive Summary
Purpose of Report Update:
RMHIDTA has published annual reports every year since 2013 tracking the impact of
legalizing recreational marijuana in Colorado. The purpose is to provide data and
information so that policy makers and citizens can make informed decisions on the
issue of marijuana legalization. This year (2018) RMHIDTA elected to provide an
update to the 2017 Volume 5 report rather than another detailed report.
Section I: Traffic Fatalities & Impaired Driving
Since recreational marijuana was legalized, marijuana related traffic deaths
increased 151 percent while all Colorado traffic deaths increased 35 percent
Since recreational marijuana was legalized, traffic deaths involving drivers who
tested positive for marijuana more than doubled from 55 in 2013 to 138 people
killed in 2017.
o This equates to one person killed every 2 ½ days compared to one person
killed every 6 ½ days.
The percentage of all Colorado traffic deaths that were marijuana related
increased from 11.43 percent in 2013 to 21.3 percent in 2017.
Section II: Marijuana Use
Colorado past month marijuana use shows a 45 percent increase in comparing
the three-year average prior to recreational marijuana being legalized to the three
years after legalization.
Colorado past month marijuana use for ages 12 and older is ranked 3
rd
in the
nation and is 85 percent higher than the national average.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Executive Summary 2
Section III: Public Health
The yearly rate of emergency department visits related to marijuana increased 52
percent after the legalization of recreational marijuana. (2012 compared to 2016)
The yearly rate of marijuana-related hospitalizations increased 148 percent after
the legalization of recreational marijuana. (2012 compared to 2016)
Marijuana only exposures more than tripled in the five-year average (2013-2017)
since Colorado legalized recreational marijuana compared to the five-year
average (2008-2012) prior to legalization.
Section IV: Black Market
RMHIDTA Colorado Task Forces (10) conducted 144 investigations of black
market marijuana in Colorado resulting in:
o 239 felony arrests
o 7.3 tons of marijuana seized
o 43,949 marijuana plants seized
o 24 different states the marijuana was destined
The number of highway seizures of Colorado marijuana increased 39 percent
from an average of 242 seizures (2009-2012) to an average of 336 seizures (2013-
2017) during the time recreational marijuana has been legal.
Seizures of Colorado marijuana in the U.S. mail system has increased 1,042
percent from an average of 52 parcels (2009-2012) to an average of 594 parcels
(2013-2017) during the time recreational marijuana has been legal.
Section V: Societal Impact
Marijuana tax revenue represent approximately nine tenths of one percent of
Colorado’s FY 2017 budget.
Violent crime increased 18.6 percent and property crime increased 8.3 percent in
Colorado since 2013.
65 percent of local jurisdictions in Colorado have banned medical and
recreational marijuana businesses.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Executive Summary 3
Section IV: Marijuana Industry
According to the Marijuana Policy Group, Market Size and Demand for
Marijuana in Colorado 2017 Market Update:
o “From 2014 through 2017, average annual adult use flower prices fell 62.0
percent, from $14.05 to $5.34 per gram weighted average.”
o “Adult use concentrate prices fell 47.9 percent, from $41.43 to $21.57 per
gram.”
o “The average THC content of all tested flower in 2017 was 19.6 percent
statewide compared to 17.4 percent in 2016, 16.6 percent in 2015 and 16.4
percent in 2014.”
o “The average potency of concentrated extract products increased steadily
from 56.6 percent THC content by weight in 2014 to 68.6 percent at the
end of 2017.”
As of June 2017, there were 491 retail marijuana stores in the state of Colorado
compared to 392 Starbucks and 208 McDonald’s.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 7
Section I: Traffic Fatalities
& Impaired Driving
Some Findings
Since recreational marijuana was legalized, marijuana related traffic deaths
increased 151 percent while all Colorado traffic deaths increased 35 percent
Since recreational marijuana was legalized, traffic deaths involving drivers who
tested positive for marijuana more than doubled from 55 in 2013 to 138 people
killed in 2017.
o This equates to one person killed every 2 ½ days compared to one person
killed every 6 ½ days.
The percentage of all Colorado traffic deaths that were marijuana related
increased from 11.43 percent in 2013 to 21.3 percent in 2017.
Consistent with the past, in 2017, less than half of drivers (42 percent) or half of
operators (50 percent) involved in traffic deaths were tested for drug
impairment.
A Colorado Department of Transportation survey found that 69 percent of self-
identified marijuana users admitted to driving after having consumed
marijuana.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 8
Definitions by Rocky Mountain HIDTA
Driving Under the Influence of Drugs (DUID): DUID could include alcohol in
combination with drugs. This is an important measurement since the driver’s ability to
operate a vehicle was sufficiently impaired that it brought his or her driving to the
attention of law enforcement. The erratic driving and the subsequent evidence that the
subject was under the influence of marijuana helps confirm the causation factor.
Marijuana-Related: Also called “marijuana mentions,” is any time marijuana shows up
in the toxicology report. It could be marijuana only or marijuana with other drugs
and/or alcohol.
Marijuana Only: When toxicology results show marijuana and no other drugs or
alcohol.
Fatalities: Any death resulting from a traffic crash involving a motor vehicle.
Operators: Anyone in control of their own movements such as a driver, pedestrian or
bicyclist.
Drivers: An occupant who is in physical control of a transport vehicle. For an out-of-
control vehicle, an occupant who was in control until control was lost.
Personal Conveyance: Non-motorized transport devices such as skateboards,
wheelchairs (including motorized wheelchairs), tricycles, foot scooters, and Segways.
These are more or less non-street legal transport devices.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 9
Traffic Fatalities
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
In 2017 there were a total of 648 traffic deaths. Of which:
o 415 were drivers
o 125 were passengers
o 92 were pedestrians
o 16 were bicyclists
535
554
548
465
450
447
472
481
488
547
608
648
0
100
200
300
400
500
600
700
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
NUMBER OF DEATHS
Total Number of Statewide
Traffic Deaths
NOTE:
THE DATA FOR 2012 THROUGH 2017 WAS OBTAINED FROM THE COLORADO
DEPARTMENT OF TRANSPORTATION (CDOT). CDOT AND RMHIDTA CONTACTED
CORONER OFFICES AND LAW ENFORCEMENT AGENCIES INVESTIGATING
FATALITIES TO OBTAIN TOXICOLOGY REPORTS. THIS REPRESENTS 100 PERCENT
REPORTING. PRIOR YEARS MAY HAVE HAD LESS THAN 100 PERCENT REPORTING
TO THE COLORADO DEPARTMENT OF TRANSPORTATION, AND SUBSEQUENTLY
THE FATALITY ANALYSIS REPORTING SYSTEM (FARS). ANALYSIS OF DATA WAS
CONDUCTED BY ROCKY MOUNTAIN HIDTA. 2017 FARS DATA WILL NOT BE
OFFICIAL UNTIL JANUARY 2019.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 10
Traffic Deaths Related to Marijuana
When a DRIVER Tested Positive for Marijuana
Crash Year
Total Statewide
Fatalities
Fatalities with
Drivers Testing
Positive
for Marijuana
Percentage Total
Fatalities
2006
535
33
6.17%
2007
554
32
5.78%
2008
548
36
6.57%
2009
465
41
8.82%
2010
450
46
10.22%
2011
447
58
12.98%
2012
472
65
13.77%
2013
481
55
11.43%
2014
488
75
15.37%
2015
547
98
17.92%
2016
608
125
20.56%
2017
648
138
21.30%
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
In 2017 there were a total of 138 marijuana-related traffic deaths when a driver
tested positive for marijuana. Of which:
o 112 were drivers
o 22 were passengers
o 4 were pedestrians
In 2017, of the 112 drivers in fatal wrecks who tested positive for marijuana
use, 76 were found to have Delta 9 tetrahydrocannabinol, or THC, the
psychoactive ingredient in marijuana, in their blood, indicating use within
hours, according to state data. Of those, 37 percent were over 5 nanograms per
milliliter, the state’s limit for driving.
-- Similar to findings from the August 2017 article by David Migoya, “Exclusive:
Traffic fatalities linked to marijuana are up sharply in Colorado. Is legalization to
blame?” The Denver Post.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 11
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
33
32
36
41
46
58
65
55
75
98
125
138
0
20
40
60
80
100
120
140
160
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
NUMBER OF DEATHS
Traffic Deaths Related to Marijuana
when a Driver
Tested Positive for Marijuana
Legalization
Commercialization
6.17%
5.78%
6.57%
8.82%
10.22%
12.98%
13.77%
11.43%
15.37%
17.92%
20.56%
21.30%
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
PERCENT OF DEATHS
Percent of All Traffic Deaths That Were
Marijuana-Related when a Driver
Tested Positive for Marijuana
Legalization
Commercialization
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 12
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
35%
26%
22%
17%
Drug Combinations for
Drivers Positive for Marijuana*, 2017
Marijuana Only
Marijuana and Alcohol
Marijuana and Other Drugs
(No Alcohol)
Marijuana, Other Drugs and
Alcohol
*Toxicology results for all substances present in individuals who tested positive for marijuana
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 13
Traffic Deaths Related to Marijuana
When an OPERATOR Tested Positive for Marijuana
Crash Year
Total
Statewide
Fatalities
Fatalities with
Operators Testing
Positive
for Marijuana
Percentage Total
Fatalities
2006
535
37
6.92%
2007
554
39
7.04%
2008
548
43
7.85%
2009
465
47
10.10%
2010
450
49
10.89%
2011
447
63
14.09%
2012
472
78
16.53%
2013
481
71
14.76%
2014
488
94
19.26%
2015
547
115
21.02%
2016
608
149
24.51%
2017
648
162
25.00%
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
In 2017 there were a total of 162 marijuana-related traffic deaths when an
operator tested positive for marijuana. Of which:
o 112 were drivers
o 22 were passengers
o 27 were pedestrians
o 1 was a bicyclist
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 14
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
37
39
43
47
49
63
78
71
94
115
149
162
0
20
40
60
80
100
120
140
160
180
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
NUMBER OF DEATHS
Traffic Deaths Related to Marijuana
when an Operator
Tested Positive for Marijuana
Commercialization
Legalization
6.92%
7.04%
7.85%
10.10%
10.89%
14.09%
16.53%
14.76%
19.26%
21.02%
24.51%
25.00%
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
PERCENT OF DEATHS
Percent of All Traffic Deaths That Were
Marijuana-Related when an Operator
Tested Positive for Marijuana
Commercialization
Legalization
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 15
SOURCE: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS),
2006-2011 and Colorado Department of Transportation 2012-2017
34%
26%
22%
18%
Drug Combinations for
Operators Positive for Marijuana*, 2017
Marijuana Only
Marijuana and Alcohol
Marijuana and Other Drugs
(No Alcohol)
Marijuana, Other Drugs and
Alcohol
*Toxicology results for all substances present in individuals who tested positive for marijuana
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 16
Impaired Driving
NOTE: WHEN A DRIVER IS ARRESTED FOR IMPAIRED DRIVING RELATED TO ALCOHOL, (USUALLY 0.08 OR HIGHER
BLOOD ALCOHOL CONTENT) TYPICALLY TESTS FOR OTHER DRUGS (INCLUDING MARIJUANA) ARE NOT
REQUESTED SINCE THERE IS NO ADDITIONAL PUNISHMENT IF THE TEST COMES BACK POSITIVE.
SOURCE: Colorado Bureau of Investigation, ChemaTox, and Rocky Mountain HIDTA
The above graph is Rocky Mountain HIDTA’s conversion of ChemaTox data
as well as data from the Colorado Bureau of Investigation’s state laboratory.
NOTE: THE ABOVE GRAPHS INCLUDE DATA FROM CHEMATOX LABORATORY WHICH WAS MERGED WITH DATA
SUPPLIED BY COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - TOXICOLOGY LABORATORY.
THE VAST MAJORITY OF THE SCREENS ARE DUID SUBMISSIONS FROM COLORADO LAW ENFORCEMENT.
787
1,629
2,352
2,430
2,513
2,841
2,393
2,034
2,200
522
1,395
1,523
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
2009 2010 2011 2012 2013 2014 2015 2016 2017
NUMBER OF POSITIVE SCREENS
Number of Positive Cannabinoid Screens
CDPHE and ChemaTox* ChemaTox CBI**
*Data from the Colorado Department of Public Health and Environment was merged with ChemaTox data from
2009 to 2013. CDPHE discontinued testing in July 2013.
**The Colorado Bureau of Investigation began toxicology operations in July 1, 2015.
There were a total of 723 9-Panel drug screen (including Cannabinoids ) cases analyzed by CBI in 2015.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 17
NOTE: “MARIJUANA CITATIONS ARE DEFINED AS ANY CITATION WHERE THE CONTACT WAS CITED FOR DUI OR
DWAI AND MARIJUANA INFORMATION WAS FILLED OUT ON THE TRAFFIC STOP FORM INDICATING
MARIJUANA & ALCOHOL, MARIJUANA & OTHER CONTROLLED SUBSTANCES, OR MARIJUANA ONLY PRESENT
BASED ON OFFICER OPINION ONLY (NO TOXICOLOGICAL CONFIRMATION).”
-COLORADO STATE PATROL
SOURCE: Colorado State Patrol, CSP Citations for Drug Impairment by Drug Type
SOURCE: Colorado State Patrol, CSP Citations for Drug Impairment by Drug Type
354
674
874
333
641
842
388
780
1025
335
719
978
0
200
400
600
800
1000
1200
Marijuana Only Involving Marijuana All DUIDs
NUMBER OF DUIDS
Colorado State Patrol Number of Drivers
Under the Influence of Drugs (DUID)
2014 2015 2016 2017
Alcohol Only
80%
Other Drugs
26%
Involving
Marijuana
74%
Other
20%
Colorado State Patrol
All DUIs and DUIDs, 2017
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 18
SOURCE: Colorado Department of Transportation, Cannabis Conversation Survey
Impaired Driving Information
Over Half of CO Marijuana Users Believe It’s Safe to Drive While High
Among marijuana users surveyed by CDOT last November, 55 percent said they
believed it was safe to drive under the influence of marijuana. Within that group, the
same percentage said they had driven high within the past 30 days, on average 12
times. CDOT spokesman, Sam Cole said that just because drunk driving is more
dangerous, it doesn’t mean that stoned driving is safe. “I think (comparing the two) is a
dangerous road to go down, because driving impaired is driving impaired.” Recent
analysis found that Colorado drivers involved in fatal crashes has doubled since 2013.
- Jack Queen, More than half of Colorado marijuana users think it’s OK to drive high, CDOT
says. Changing that could be an uphill battle, Summit Daily News, November 12
th
2017.
Have Not Driven High
31%
Have Driven High
69%
Percentage of Marijuana Users
Who Admit to Driving High
within the Last Year
The Colorado Department of Transportation (CDOT) collected survey responses from over
11,000 anonymous marijuana users and non-users.
The above data is part of the preliminary data released by CDOT in April of 2018.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 19
Legal Pot and Pedestrian Deaths
A study published by the Governors’ Highway Safety Association looked at pedestrian
fatalities over 20 years. They noted interesting information from the seven states that
legalized recreational marijuana. Between 2012 and 2016 there was a 16.4 percent
increase in pedestrian traffic deaths for the first six months of 2017 compared to the first
6 months of 2016 whereas all other states had a 5.8 percent decrease. Traffic safety
engineer, Richard Retting was clear to point out that the report was not making a direct
correlation or expressly claiming a link between weed and walking deaths.
- A.J. Herrington, Is A Rise In Pedestrian Deaths Really Due To Legal Cannabis? High Times,
March 3
rd
, 2018.
70% Drivers in DUI Test Positive for Marijuana
A comprehensive analysis of 2016 driving under the influence data revealed that over
70% of 3,946 drivers charged with driving under the influence of alcohol also tested
positive for marijuana. Even though the presence of Delta 9 THC, the primary
psychoactive ingredient in marijuana, dissipates rather quickly, still over 70% tested
positive for Delta 9 and close to half detected Delta 9 THC at a 5.0 ng/ML or above.
- Driving Under the Influence of Drugs and Alcohol Colorado Department of Public Safety,
Division of Criminal Justice, July 2018.
Higher Levels of THC
In Colorado, the legal limit of THC in a driver’s blood is 5ng/mL. However, according to the
Denver Post, “THC levels in drivers killed in crashes in 2016 routinely reached levels of more
than 30 ng/mL… [t]he year before, levels only occasionally topped 5 ng/mL.” This trend has
coroners concerned because some are “uncertain about listing the presence of THC on a death
certificate because of doubts on what constitutes impairment.” Police Chief Jackson of
Greenwood Village, CO attributes the rise in THC levels of drivers to the rise in THC potency in
marijuana oils and concentrates. He states, “This is not your grandfather’s weed.”
- David Migoya, Exclusive: Traffic fatalities linked to marijuana are up sharply in Colorado. Is
Legalization to blame? The Denver Post, August 25th 2017.
The Legalization of Marijuana in Colorado: The Impact Volume 5 – 2018, UPDATE
Section I: Traffic Fatalities & Impaired Driving 20
57 Percent of Marijuana Users in Colorado Admit Driving within 2 Hours:
A survey conducted by the Colorado Department of Transportation discovered that 57 percent
of people who reported using marijuana drove within two hours after consumption. The survey
also indicated that, on average, those participants who reported consuming marijuana and then
driving within 2 hours did so on 11.7 of 30 days. By comparison, 38 percent of respondents who
drank alcoholic beverages reported driving within 2 hours after consumption and only reported
doing so on 2.8 of 30 days.
- Anica Padilla, Study: 57 percent of marijuana users in Colorado admit driving within 2 hours,
KDVR/Fox 31 Denver, March 9 2017.
Drivers Killed in Crashes More Likely to be on Drugs than Alcohol
A recent study using data available from 2015 indicates that “[d]rivers who are killed in car
crashes are now more likely to be on drugs than alcohol.” Drugs were present in 43 percent of
drivers in fatal accidents compared to 37 percent with alcohol above the legal limit.
Additionally, 36 percent of the drivers tested had marijuana present in their system at the time
of the accident. In general, traffic fatalities are rising and can be attributed to factors such as
improved economy, more distracted drivers, and more drugged drivers. 11
- Melanie Zanona, Study: Drivers Killed in Crashes More Likely to be on Drugs than
Alcohol, The Hill, April 26
th
2017.
