Law enforcement concerned about marijuana proposal

Most leaders in Northern Michigan’s law enforcement community are opposed to a statewide proposal to legalize recreational marijuana for adults 21 and over.

Voters on Nov. 6 will decide the fate of a measure known as Proposal 1, which will allow for adults to use marijuana for recreational purposes and allow for the drug to be grown and sold in the state. According to Healthy and Productive Michigan, a group opposed to the ballot measure, many county sheriffs and prosecutors have come out against the ballot initiative.

Emmet County Sheriff Pete Wallin, Charlevoix County Sheriff Charles Vondra, Cheboygan County Sheriff Dale Clarmont, Otsego County Sheriff Matthew Nowicki and Antrim County Sheriff Daniel Bean are among those opposing the proposal, according to Healthy and Productive Michigan.

James Linderman, prosecutor for Emmet County, and Charlevoix County prosecutor Allen Telgenhof are also against the ballot proposal. In addition, the prosecutors of other Northern Michigan counties including Antrim, Alpena, Cheboygan and Grand Traverse counties are against the initiative.

Wallin noted other organizations are opposing the proposal as well, including law enforcement, business, health-related, faith and governmental groups.

In a recently published guest commentary for the News-Review, Telgenhof listed many concerns about the effects of legalized recreational marijuana, including the fear there would be more traffic fatalities.

“In Charlevoix County we have witnessed marijuana’s role in a homicide where expert testimony showed a defendant’s mental illness was exacerbated by marijuana and more recently, a string of robberies where men who admitted dependence on marijuana broke into homes and property of other citizens to feed their habit,” Telgenhof said in his guest commentary.

Linderman noted there would be complications since marijuana would still be illegal on the federal level. For example, marijuana retailers can’t use banks due to federal laws, and must only use cash. That could create problems, such as the business being targeted for robberies, Linderman said.

“I see a lot of problems associated with this that we really don’t need,” Linderman said.

Josh Hovey, communications director for the Coalition to Regulate Marijuana Like Alcohol, said he feels like much of the opposition for the proposal is based on fear there will be a drastic increase in the number of people that will use the substance when it’s legal.

But Hovey feels most people that want to use marijuana are already doing so illegally. He noted the goal for the campaign is to stop the arrest of thousands of people for having a small amount of the drug.

Hovey pointed out a recent study from Washington State University that concluded marijuana legalization in Colorado and Washington did not hinder police effectiveness. The study found arrest rates for marijuana possession dropped about 50 percent in Washington and Colorado after legalization. The study concluded clearance rates for violent crimes, burglary, motor vehicles and property crimes increased after legalization.

“Our goal is to stop arresting people for what’s a failed policy of prohibition. This is not a pro-drug initiative, this is not a pro-marijuana initiative. This is about the smart use of our tax dollars and to stop wasting law enforcement dollars enforcing a failed law,” Hovey said.

One of the aspects of the proposal Wallin and Linderman are concerned with is the quantity of marijuana people would be allowed to possess.

Under the proposal, people can carry up to 2.5 ounces of flower, which is the marijuana product smoked in joints, and households would be allowed up to 12 plants. Depending on the size of the joint, 2.5 ounces could produce 80 to 140 joints, according to Bridge Magazine.

Nine states and Washington, D.C., have legalized recreational marijuana. But Linderman points out the proposal on the November ballot would allow people to possess more of the drug than most of those places.

Besides Maine, all the other states and D.C. limit personal possession to 1 ounce. The campaign said that number was chosen to be consistent with the amount allowed for medical marijuana, according to Bridge Magazine.

“What we are worried about is Michigan will become the supplier of marijuana for the Midwest because we will be the only state in the area to have recreational marijuana legalized plus the amount people will be allowed to carry is much greater,” Linderman said.

Wallin is concerned legalization would lead to more car crashes or personal injury accidents, adding he doesn’t think people will be able to handle the level of tetrahydrocannabinol, or THC, the principal psychoactive ingredient in marijuana, which produces users’ feelings of being high.

Wallin noted the difficulties in detecting people who are under the influence of marijuana. While law enforcement can determine the amount of alcohol a person has in their system while they are driving, there is currently not a breathalyzer to detect the amount of cannabis in a driver’s system.

Linderman noted THC can stay in people’s systems long after they use, so there is a question about at what level people are too impaired to drive. There are ways to determine if someone is under the influence, but it can be challenging to figure out the exact level of impairment, Linderman said.

“I don’t see it any way, shape or form lessening anything for us. I just see it making it greater. Plus there are all the issues surrounding having a cash-operated business,” Linderman said.

Marijuana can significantly impair judgment, motor coordination and reaction time. European studies have found those with THC in their blood are three to seven times more likely to be responsible for the vehicle crash than people who are sober, according to the National Institute on Drug Abuse.

An August 2017 article by the Denver Post concluded the number of drivers in fatal accidents who tested positive for marijuana had increased by 145 percent from 2013 to 2016. In addition, the percentage of drivers involved in fatal crashes who tested positive for marijuana doubled in the same time.

However, the story notes key components of cannabis can stay in a person’s system weeks after using. Therefore, someone could test positive for the drug after a collision, but that doesn’t mean the substance caused the crash or the driver was impaired at the time.

In response to those concerns, Hovey cited research from the American Journal of Public Health, which looked at the number of motor vehicle fatality rates in Colorado, Washington and eight states without recreational marijuana legalization between 2009 and 2015.

The study, published in July 2017, concluded three years after recreational marijuana legalization, changes in motor vehicle crash fatality rates for Washington and Colorado were not statistically different from those in similar states that had not legalized recreational marijuana. However, the researchers note more studies will still be needed to study the impact.

Hovey noted that marijuana is already present in Michigan, and these issues are not new to law enforcement. He noted there is also not a breathalyzer for other drugs, including prescription medication.

“Law enforcement are able to field test them. If they suspect people are under the influence, they bring them in and blood test them. If they are found to be under the influence, they are arrested and charged,” Hovey said.

Wallin and Linderman expressed concerns younger people might have greater access to the drug if it is legalized.

“Some people might argue that younger people are already possessing it, but I think it would exacerbate the situation. Just like when the legal drinking age was 18 several years ago,” Linderman said.

Hovey said the state would have broad authority to ensure the products are not being marketed or sold to youth. He also pointed to youth surveys conducted in Washington and Colorado.

In 2016, more than 230,000 students in the state of Washington participated in the Healthy Youth Survey. The results of the survey concluded rates of teen use of marijuana had remained steady. A 2015 youth survey in Colorado showed the number of youths using marijuana was slightly below the national average.

“There are a lot of concerns, and they are absolutely valid concerns. But if you look at the states that have gone before us, those states are thriving,” Hovey said.

There is evidence fewer young people perceive marijuana to be dangerous. A March 2017 post from the Harvard Medical School stated research has shown fewer teens think smoking is risky since states have started legalizing marijuana, though the drug can have especially adverse effects for young people.

The percentage of Washington eighth-graders perceiving great risk of regular marijuana use fell from 53 percent in 2014 to 48 percent in 2016, according to the state’s youth survey. About half of 12th-graders who did report using marijuana in the past 30 days also reported driving within three hours of using the drug at least once that month, the survey said.