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Baker announces initiative against driving while under influence of THC

A person smoking marijuana. Last week, Massachusetts Gov. Charlie Baker announced an initiative to increase education on the dangers of driving under the influence of marijuana. COURTESY OF FLICKR

Massachusetts Gov. Charlie Baker announced an initiative last week to raise awareness about the illegality and dangers of driving while under the influence of alcohol or drugs. Baker also highlighted proposed legislation to fight impaired driving, as access to recreational marijuana in the state increases.

Recommended legislative changes include banning loose or unsealed packages of marijuana in a vehicle’s driver’s compartment and suspending driver’s licenses of arrested motorists who refuse to submit to chemical testing, which would find substances such as THC, the active chemical found in marijuana.

Additionally, the legislation proposes creating educational materials on drug impairment for judges, expanding drug recognition experts’ training and allowing them to serve as expert witnesses in court, according to a press release from Baker’s office.

Baker said in the release driving impaired represents a “significant threat” to public safety.

“In addition to working with public safety officials to enforce existing impaired driving laws,” Baker said, “our Administration has also introduced legislation that will equalize the treatment of alcohol and drugs with respect to driving under the influence, and give law enforcement more tools and resources to keep our roads safe.”

The state will also partner with AAA insurance and the Commonwealth Dispensary Association to include educational material with every package of marijuana sold at both recreational and medical dispensaries. The material will inform users of the risks associated with driving while using marijuana, according to the release.

David Torrisi, executive director of the CDA, said while the association has not taken an official stance on the proposed legislation, it has worked with the state to develop material stressing that “if you feel different, you drive different.”

“[The pamphlet] is an insert that we helped developed with the governor’s administration to tell consumers that marijuana impacts driver performance,” Torrisi said, “that operating under the influence is against the law, that law enforcement will crack down on this, that you are subject to prosecution, and that there are driving alternatives.”

Erin Holmes, director of traffic safety at the Foundation for Advancing Alcohol Responsibility, said data from other states that were quicker to legalize marijuana showed Massachusetts needs to ensure its drivers are aware of the consequences of driving while high.

“When [Colorado] did their initial polling of the public, one of the misconceptions they had to address is that people didn’t even realize it was illegal, and that they could be charged for a DUI,” Holmes said. “So I always encourage states: find out what the public thinks about the behavior, and then target your messaging as such.”

Holmes said the ultimate goal of Baker’s initiative against impaired driving is to change social norms surrounding the act of driving while high, much like how organizations such as Mothers Against Drunk Driving educated the public about driving while intoxicated.

“You hear a lot of different misperceptions like, ‘I drive better when I’m high,’ or, ‘It has no effect on my driving,’” Holmes said, “or that it’s not a serious problem, or that it’s a better alternative than driving drunk — if you’re stuck with that alternative — versus just making smarter, more responsible decisions.”

As for the proposed legislation, Holmes said Massachusetts is heading in the right direction, as the state chose to strengthen law enforcement training instead of set a maximum THC limit for drivers.

“A number of states have set nanogram limits for THC. Massachusetts has not been one of them,” Holmes said. “But there are some challenges associated with those types of laws because it’s not based on scientific evidence, like the 0.08 blood alcohol content. It’s really just more of an arbitrary number.”

Holmes said while scientists have not agreed upon a numerical amount of THC consumption with which drivers could safely operate vehicles, there is a consensus that THC does increase safety risks.

“Research has shown there is increased crash risk that’s associated with marijuana use. We haven’t settled around an exact number of how it increases crash risk,” Holmes said. “Sometimes it’s by quarter, sometimes it’s twofold. All we know is that it does indeed increase crash risk.”

Combining THC with other dangerous behaviors such as drunk driving poses an even greater hazard to drivers and others on the road, Holmes said.

“When you combine it with other substances, particularly alcohol, that can really increase crash risk because you’re increasing your level of impairment,” Holmes said. “It can have either an additive effect or what we would call multiplicative effect … It’s a much greater impairment than either of the substances would have on their own.”

From 2013-17, marijuana was found in 30 percent of drivers involved in a fatal crash in Massachusetts who had drugs in their system, according to Baker’s release. After alcohol, marijuana was the most prevalent drug found in the drivers involved in the crashes.

Jacob Medina, 26, of Brighton, said he thinks the state should do more to inform residents of the driving risks associated with THC.

“[Marijuana] impairs your ability to drive, slows reaction times, it causes distractions, makes it so that it is more difficult to pay attention to the road,” Medina said. “I haven’t seen any advertisements, so I don’t know what they are doing [to educate drivers], so I guess perhaps it’s not enough.”

Abby Clabaugh, 23, of Watertown, said it’s important to educate residents on the dangers of driving while high and thinks there are several ways the state could spread this information.

“I don’t know how much people really think about [driving while high], considering recreational marijuana use is so new to the state,” Clabaugh said. “At dispensaries, it’s really important, but also by putting up a few PSAs around the street. They do plenty around holidays about drinking — it’s not a bad idea to do the same for pot use.”

Samantha Downing contributed to the reporting of this article.

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  1. Public awareness is critical. Training more officers related to detection of impairment with marijuana use is also important. Research is needed. IMMAD, LLC has NIH NIDA funding to study marijuana related retinal dysfunction. IMMAD has the prototype of a simple test of retina dysfunction for roadside use by law enforcement. IMMAD is a simple test in a virtual goggle system coupled with a smartphone and Blue Tooth response button.