A SPATE OF DRUGGED DRIVING DEATHS ALARMS U. S. REGULATORS
Wider legalization of pot considered a main factor
In 2015, 21% of the 31,166 fatal crashes in the U. S. involved at least one driver who tested positive for drugs after the incident.
The percentage of traffic deaths in which at least one driver tested positive for drugs has nearly doubled over a decade, raising alarms as five states are set to vote on legalization of marijuana.
Amid a disquieting increase in overall U. S. traffic fatalities, the National Highway Traffic Safety Administration has tracked an upswing in the percentage of drivers testing positive for illegal drugs and prescription medications, according to federal data released to USA TODAY and interviews with leaders in the field.
The increase corresponds with a movement to legalize marijuana, troubling experts who readily acknowledge that the effects of pot use on drivers remain poorly understood. Recreational marijuana use is now legal in Colorado, Washington state, Oregon, Alaska and the District of Columbia, even as it remains outlawed on a federal level. Five states — Arizona, California, Maine, Massachusetts and Nevada — are set to vote on legalization.
It’s “very probable” that Colorado’s move to legalize recreational marijuana has caused an increase in fatal crashes, said Glenn Davis, the state’s highway safety manager.
In 2015, 21% of the 31,166 fatal crashes in the U. S. involved at least one driver who tested positive for drugs after the incident — up from 12% in 2005, according to NHTSA. The rate rose in 14 of the past 15 years, falling for the first time last year. It was down less than 1 percentage point compared with 2014.
“Drugs is emerging as a higher number,” said Mark Rosekind, administrator of the National Highway Traffic Safety Administration.
A separate federal study of 11,000 weekend, nighttime drivers found 15.1% tested positive for illegal drugs in 2013 and 2014, up from 12.4% in 2007. Mari- juana represented the largest increase, as 12.6% tested positive in 2013 and 2014, up from 8.6% in 2007.
Researchers caution that the connection between drugs and deadly crashes is not as significant as the effect of drunken driving, which is responsible for more than 30% of road fatalities. Experts also note that available data is not comprehensive — and some drugs, including certain over- thecounter medications, have no effect on the driver. Many drivers who get high and then get behind the wheel are subject to arrest for driving under the influence just as those who drink and drive.
One victim, according to prosecutors, was David Aggio of California. He was killed March 8, 2014, when Rodolfo Alberto Contreras, who was high on marijuana, ran a red light at nearly 80 mph, crossed the center divider and demolished Aggio’s Ford Explorer, prosecutors said.
Contreras in June became the first drugged driver in California to be convicted of second- degree murder. According to California prosecutors, his response at the scene of the crime, when confronted about the incident, was: “I want my weed.” He was sentenced to 20 years to life in prison.
Auto- safety experts are particularly concerned about a spike in drugged driving in states that have legalized recreational marijuana, such as Colorado, where voters approved it in 2014. The nation’s opioid epidemic could also be a contributing factor.
In 2015, 12.4% of fatal crashes in Colorado involved a driver who tested positive for cannabis alone, up from 8.1% in 2013, the Colorado Department of Transportation reports. The number of drivers involved in fatal crashes who tested positive for any drug hit a record 18.6% in Colorado in 2015, up from a low of 12.3% in 2012.
Marijuana proponents dispute the suggestion that pot use is killing more people on the road.
Jolene Forman, staff attorney at the Drug Policy Alliance, which supports marijuana legalization, cautioned against drawing conclusions on the effect of marijuana legalization on drivers.
“We’re interested in pursuing policies that advance what is empirically shown, rather than knee- jerk, fear- based policies,” Forman said. “It’s too soon to say that it’s had a positive or negative effect but preliminary data look very promising. It looks like marijuana legalization has not led to road safety concerns.”
Complicating matters is that research on the effects of drugged driving is scarce, leaving road- safety experts with little understanding of the full ramifications.
For starters, many drivers involved in fatal crashes aren’t tested for drugs. What’s more, just because drivers have drugs in their system doesn’t mean they are impaired. Marijuana is noticeable in the bloodstream for weeks, but its strongest effects dissipate after a few hours.
In addition, there’s no generally accepted field sobriety test for officers to conduct, and there’s no standard level of impairment for marijuana. In contrast, all states punish drivers for blood- alcohol concentration at or above 0.08%, according to the Governors Highway Safety Association.
But a study released in June by the University of Iowa’s National Advanced Driving Simulator ( NADS) concluded that drivers with blood concentration of 13.1 ug/ L ( grams per 1,000 liters) of the main active ingredient in marijuana, THC, “showed increased weaving that was similar to those” with 0.08 blood- alcohol level.
“As we see more people drive on the road with different controlled substances, whether they be illicit or prescription drugs, the risk is increasing,” said Tim Brown, associate research scientist at NADS and co- author of the study, in an interview.
Anyone who’s driving dangerously because they’re high can be flagged by officers who are looking for drunken drivers, said J. T. Griffin, chief government affairs officer for Mothers Against Drunk Driving. MADD last year updated its mission statement to target drugged driving.