Produced by the State Government of Colorado in response to citizens' plebiscite decriminalizing cannabis...
Office of Marijuana Coordination 1375 Sherman Street, Room 136 Denver, CO 80203
Marijuana Data Discovery and Gap Analysis Executive Summary October 7, 2014 Colorado was one of the first states to legalize marijuana for adult recreational use through the passage of a constitutional amendment. While the State has implemented a robust legal and regulatory framework for this new industry, marijuana use and possession remain illegal under federal law. With Colorado’s efforts being closely watched nationwide, strategic data collection and evaluation can provide valuable information to state and federal policymakers as the state moves forward with the implementation of Amendment 64. With this in mind, laws passed during the 2013 legislative session prioritized the collection and analysis of data across multiple levels of government and policy areas in order to identify the effects of marijuana legalization on public health and public safety. This Marijuana Data Discovery and Gap Analysis report, prepared for the state by Rebound Solutions, (Report) assesses Colorado’s existing data management capabilities to meet legislative reporting requirements and identifies strategic priorities and recommendations for continued and expanded data collection, management, and analysis. Analysis of legislative requirements and research with key stakeholders at the federal, state, and local levels – comprising subject-matter experts, law enforcement agents, nonprofits, and industry officials – yielded information on what and how data is presently collected and what more is needed in order to meet the state’s legislative requirements. For each legislative requirement, the state’s capability to collect data, as well as the strategic value of collecting that information, was reviewed and scored. Based on a number of factors including strategic value, cross-spectrum strategic value (i.e. meets multiple state priorities), and alignment to federal priorities, the Report identified 15 high-priority recommendations and corresponding actions for the state to pursue in the immediate and near-term futures. Immediate Recommended Actions • Continue existing efforts on data management/reporting; o Establish an enterprise-wide data reporting task force charged with building reports from existing systems; • Decide on legislative actions related to school data and emergency room visits; • Modify TRAILS to capture relevant marijuana data; • Modify FARS to better capture marijuana data; • Continue to cooperate with border states to capture out-of-state diversion data; and • Establish training requirements for recognizing and assessing DUIDs and school-based incidents. Near-term (Next Two Years) Recommended Actions • Integrate data management and reporting capabilities into the state infrastructure; • Coordinate data collection methods to determine youth-usage information; • Continue the development of cross-agency longitudinal reports; • Procure and contract serves to modify core systems with school districts • Procure and contract services to modify the All Payer Claims Database; and • Procure and contract services for law enforcement, schools, and hospitals for identification of marijuana-related activities. The key priority outlined in this report is to build data management capture and reporting capabilities across the state that are supported by effective training and communication. This report is simply the first step in building a robust data architecture that allows the state to not only understand the impact of legalized recreational marijuana but also to allow targeted investment in prevention, treatment, and public awareness campaigns.
1375 Sherman Street, Room 136, Denver, CO 80203 P 303.866.3117 www.colorado.gov/marijuana
Marijuana Data Discovery and Gap Analysis Summary Report September 4th, 2014 Final Version
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Contents Acknowledgements ......................................................................................................................... 3 Key Terms and Abbreviations ......................................................................................................... 4 Introduction ...................................................................................................................................... 5 Marijuana Data Discovery and Gap Analysis Project .................................................................. 7 Our Approach ........................................................................................................................... 8 Stakeholder Interviews ............................................................................................................. 9 Structure of Our Findings ....................................................................................................... 10 Understanding the Legislative Requirements and Categories ...................................................... 11 Legislative Categories and Definitions ...................................................................................... 11 Understanding Scoring and Prioritization ...................................................................................... 12 Understanding the Capability and Valuation Scoring ................................................................ 12 Recommendation Prioritization .................................................................................................. 13 Collection Capability and Strategic Value ................................................................................. 14 Capability Assessment and Recommendation Summary ......................................................... 15 Marijuana-initiated Contacts by Law Enforcement ................................................................. 16 Marijuana Criminal Arrest Data .............................................................................................. 16 Comprehensive School Data.................................................................................................. 16 Drug Endangered Children - Specifically for Marijuana ......................................................... 17 Diversion to Minors ................................................................................................................. 17 Marijuana Related Traffic Accidents ...................................................................................... 18 Out-of-State Diversion ............................................................................................................ 18 Marijuana Site Operational Crime Statistics ........................................................................... 19 Marijuana Transfer Using Parcel Services ............................................................................. 19 Probation Infractions Related to Marijuana ............................................................................ 20 Data on Emergency Room Visits and Poison Control ........................................................... 20 Outdoor Marijuana Cultivation ................................................................................................ 20 Organized Crime / Money Laundering ................................................................................... 21 Marijuana Patterns of Use and Health Effects ....................................................................... 21 Enterprise Recommendations ....................................................................................................... 22 Streamline Data Collection ........................................................................................................ 22 Data Advisory Board .................................................................................................................. 23 Clarity of Statutory Definitions ................................................................................................... 24 Supplemental Recommendations.................................................................................................. 25 Priority Areas ............................................................................................................................. 25 Purpose | People | Potential | Transform 1
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Youth Use and Prevalence ..................................................................................................... 25 Behavioral Health Treatment Needs ...................................................................................... 25 Driving Under the Influence of Drugs (DUID) ......................................................................... 26 Local level impacts for jurisdictions allowing and not allowing retail sales ............................ 26 Multi-state comparison ........................................................................................................... 27 Additional Findings from Stakeholder Interviews beyond the Statutory Requirements and Priority Areas: ............................................................................................................................................ 27 Hash Oil Explosions ............................................................................................................... 27 Edibles .................................................................................................................................... 28 Strategic Roadmap and Planning .................................................................................................. 29 Prioritization Summary of Recommendations ........................................................................... 29 Enterprise Recommendations ................................................................................................... 30 High Priority Legislative Data Collection Requirements. ........................................................... 32 Lower Priority Legislative Data Collection Requirements: ........................................................ 34 Implementation Planning ........................................................................................................... 35 Level of Effort, Risks and Costs Scoring ................................................................................... 35 Summary Scorecard of the High Priority Recommendations .................................................... 36 Risk and Level of Effort Details for High Priority Recommendations ........................................ 37 Implementation Considerations ................................................................................................. 39 Cost Summary Details for High Priority Recommendations ...................................................... 40 Appendix A: Discovery Process Stakeholder Interviews ............................................................... 42 Appendix B: Discovery Process Stakeholder Questions ............................................................... 46 Appendix C: Data Gap Analysis .................................................................................................... 47 Appendix D: Recommendations by Category ............................................................................... 50 Appendix E: 2006-2008 Data Capabilities ..................................................................................... 55 Appendix F: “As Is” Data Flows ..................................................................................................... 58 Appendix G: ONDCP Performance Management Guidelines ....................................................... 71
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Acknowledgements This report was produced by Rebound Solutions with support from The Keystone Center and the Center for Research Strategies. Our team wants to thank both state and local officials for their support in the production of this report.
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Key Terms and Abbreviations The following terms and acronyms are used in this document. Term / Abbreviation
Definition
CDE
The constitutional amendment that legalized the recreational use of marijuana in Colorado. Colorado Department of Education
CDHPE
Colorado Department of Public Health and Environment
CDHS
Colorado Department of Human Services
CCIS
Colorado Crime Information System
DOJ
US Department of Justice
HCPF
Colorado Department of Health Care Policy and Financing
NIBRS
National Incident-Based Reporting System
OIT
Governor’s Office of information Technology
ONDCP
Office of National Drug Control Policy
Youth / Under-age
People under the age of 21 who are restricted from purchasing, possessing, or using recreational marijuana.
Amendment 64
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Introduction Colorado is one of the first states to legalize recreational marijuana through a constitutional amendment (Amendment 64) in 2012 and has recently implemented a regulatory and legal framework. Colorado has established clear priorities since the passage of the constitutional amendment even though recreational marijuana is still considered illegal by federal standards. These priorities in Colorado are aligned to the U.S. Department of Justice and include: 1. Promote the health, safety, and well-being of Colorado’s youth. Specifically build measures and systems to protect diversion of recreational marijuana to under-age youth (defined as under the age of 21). 2. Prevent criminal diversion of marijuana from states where it is legal under state law in some form to other states. 3. Prevent drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use. 4. Prevent revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels or for being used as a cover for other criminal activities. 5. Prevent violence and the use of firearms in the cultivation and distribution of marijuana. 6. Prevent the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands. 7. Prevent marijuana possession or use on federal property. In order to ensure these priorities are met, revenue from recreational marijuana directly supports the necessary costs of a rigorous regulatory framework. Costs include supports for law enforcement, educational outreach programming, public health and awareness campaigns, and other programmatic investments to help meet these priorities. As part of this framework, Colorado requires a highly robust data management system that can both capture relevant information and provide the necessary analytical capabilities to measure the effectiveness of these investments. Colorado’s goal is to build a data management system which also incorporates a performance management capability that allows for the specific targeting of funding, supports and understanding of the system’s effectiveness in protecting youth, public health and public safety. This basic concept of effectively leveraging data is illustrated in the Figure 1.0 below:
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Figure 1.0: The value of data collection
The ability to address the key questions above first depends on identification of necessary data across the State. These data can be used to establish the operational baselines that address the basic questions on the left side of the illustration in Figure 1.0. With established baselines, the State can then analyze the data to determine where there is need and evaluate if investments are making an impact on the baselines. Figure 1.1 better illustrates this example with protecting youth, Colorado’s top strategic priority. Figure 1.1: Baseline, Prioritization and Selection
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As part of Colorado’s vision to build a longer term and highly effective performance management system based upon best practice data governance, analysis and reporting capabilities, the Colorado General Assembly enacted legislation (SB 13-283) to provide specific implementation requirements following the passage of Amendment 64. C.R.S. 24-33.5-516 – Study Marijuana Implementation and 25.1.5-111 – Monitor Health Effects of Marijuana require data reporting by Colorado agencies. o C.R.S.24-33.5-516 requires the Colorado Department of Public Safety, Division of Criminal Justice to gather data over the two year period beginning January 1, 2006, and over the two year period beginning January 1, 2014. o C.R.S. 25.1.5-111 requires reporting by the Colorado Department of Public Health and Environment on January 31, 2015 and every two year period thereafter focused on marijuana usage. Reporting requirements are subject to appropriations made to the departments through C.R.S. 12-43.3-501. These legislative requirements support Colorado’s goal of being a national leader by establishing a rigorous regulatory framework for the legalization of recreational marijuana. At the foundation of this goal is the development of the necessary data management systems that can provide invaluable inputs into public policy decisions and the overall effectiveness and impacts of those decisions.
Marijuana Data Discovery and Gap Analysis Project In order to start the development of this data management capture and reporting capability, the first step is to catalog the data management systems in Colorado today. The priority areas for assessment are the reporting requirements in the aforementioned legislation (C.R.S §24-33.5-516 and C.R.S. §25-1.5-111). Through a competitive selection process, Rebound Solutions in partnership with the Center for Research Strategies and the Keystone Center was selected to provide a detailed assessment in an accelerated timeframe on the ability of the State to collect critical marijuana-related data, identify key gaps, and provide recommendations to State leadership to mitigate these gaps. Building on the existing work of State personnel, this report provides the following information: Understanding the legislative requirements for recreational marijuana reporting. Understanding the existing data management capabilities within the State of Colorado. Purpose | People | Potential | Transform 7
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Identifying strategic priorities and recommendations for improving the State’s data management capabilities. This document is designed to drive strategic decisions for prioritizing investments in data collection and reporting. In this regard, the report provides a high-level roadmap for Colorado organized by high-priority recommendations. Each recommendation includes a timeline for implementation, high level cost estimation, and a risk assessment associated with implementation. It’s important to understand this report doesn’t dive into the various public policy positions on marijuana but focuses instead on building a vigorous and sustainable data reporting system that will provide public policy makers with valuable information for making decisions and investments related to recreational marijuana. Our Approach The approach for producing this report focused on interviewing key stakeholders across the State that represented leadership focused on the strategic priorities around protecting youth, health, and public safety. We interviewed leaders of State departments, State data subject matter experts, law enforcement officials, nonprofit organizations, and marijuana industry officials in order to provide a holistic report that identifies what is collected today, how it is collected, and what is needed to address the strategic priorities for the State. From a strategic perspective, this can be summarized by figure 1.2 Figure 1.2 Strategic Project Approach
The Marijuana Data Discovery and Gap Analysis project was conducted over a nine week period in June and July 2014 using the following approach to discover data collection requirements and capabilities through interviews, research, and Purpose | People | Potential | Transform 8
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analysis and develop strategic recommendations for data collection and reporting. Figure 1.3 illustrates the technical approach for this project. Figure 1.3 Technical Project Approach
Stakeholder Interviews In order to examine state agency readiness to collect data and report on trends in response to the legalization of adult-use marijuana and conduct a comprehensive data discovery and gap analysis, the project team met with a variety of departmental and external subject matter experts in order to: Elicit a better understanding of agency use of data in existing reporting. Gather information on requirements for data collection within each agency or external organization. Initially identify and document “as-is” data collection and reporting capabilities in agencies, and readiness for statutory reporting requirements. The project team met with representatives specifically identified in the following agencies and reached out to a number of additional departmental and subject matter experts recommended during the discovery, interview and evaluation process. A list of stakeholders interviewed is included in Appendix A. A list of interview questions is provided in Appendix B. Colorado Department of Public Safety/CDPS, including the Division of Criminal Justice/DCJ Colorado Department of Public Health and Environment/CDPHE
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Colorado Department of Revenue/DOR, including the Marijuana Enforcement Division/MED Governor’s Office of Information and Technology/OIT Colorado Department of Education/CDE Colorado Department of Human Services/CDHS, including the Office of Behavioral Health and Office of Children, Youth, and Families Colorado Department of Transportation/CDOT Colorado Association of Chiefs of Police/CACP In addition representatives from the following organizations were recommended for interviews and were contacted for information during the project. Colorado Department of Regulatory Agencies Colorado Attorney General’s Office Colorado District Attorney’s Council Colorado Department of Agriculture Governor’s Office – OSPB, Legal, Policy, Office of Marijuana Coordination Colorado Department of Public Safety, including the Colorado Bureau of Investigations/CBI Local Law Enforcement representatives The project team developed a stakeholder engagement plan and was guided by a Project Governance Team comprised of agency representatives to provide oversight and assistance during the project timeframe. Members of the project governance team were provided periodic status updates during the project and asked for individual clarification when questions arose. Structure of Our Findings This report is structured in the following manner. 1. 2. 3. 4. 5. 6. 7. 8.
Understanding the Legislative Requirements and Categories Understanding the Capability and Valuation Scoring Understanding Scoring and Prioritization Capability and Strategic Assessment Enterprise and Legislative Recommendations Data Management Strategic Recommendations Supplemental Data Management Recommendations Implementation Planning
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Understanding the Legislative Requirements and Categories As outlined above, this report is based upon statutory requirements outlined in C.R.S §24-33.5-516 and C.R.S. §25-1.5-111. If possible within the budgetary and time constraints of the project, the project team was also asked to expand the scope of work to explore other areas where there are opportunities to collect and report on data not identified in SB13-283 (see priority list, not including required areas C.R.S §24-33.5-516 and C.R.S. §25-1.5-111). These recommendations are provided in the Supplemental Data Management Recommendations section.
Legislative Categories and Definitions Table 1.1 lists the specific legislative categories that are frequently referenced throughout this report as well as the definition for each category. Table 1.1
Statutory Category
Statutory Definition
Marijuana-Initiated Contacts by Law Enforcement
Marijuana-initiated contacts by law enforcement, broken down by judicial district and by race and ethnicity
Marijuana Criminal Arrest Data
Marijuana arrest data, including amounts of marijuana with each arrest, broken down by judicial district and by race and ethnicity
Comprehensive School Data
Comprehensive school data, both statewide and by individual school, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories
Drug Endangered Children
Data related to drug-endangered children, specifically for marijuana
Diversion to Minors
Diversion of marijuana to persons under twenty-one years of age
Marijuana Related Traffic Accidents
Traffic accidents, including fatalities and serious injuries related to being under the influence of marijuana
Out-of-State Diversion
Diversion of marijuana out of Colorado
Marijuana Site Operational Crime Statistics
Crime occurring in and relating to the operation of marijuana establishments
Marijuana Transfer Using Parcel Services
Utilization of parcel services for the transfer of marijuana
Probation Data
Probation data
Data on Emergency Room Visits and Poison Control
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Outdoor Marijuana Cultivation
Outdoor marijuana cultivation facilities
Money Laundering
Money laundering relating to both licensed and unlicensed marijuana
Organized Crime
The role of organized crime in marijuana Monitor changes in drug use patterns, broken down by race and ethnicity, and the emerging science and medical information relevant to the health effects associated with marijuana use.
Monitor Health Effects of Marijuana (CDPHE)
The Department shall appoint a panel of health care professionals with expertise in cannabinoid physiology to monitor the relevant information. The panel shall provide a report by January 31, 2015, and every two years thereafter to the State Board of Health, the Department of Revenue, and the general assembly. The Department shall make the report available on its web site. The panel shall establish criteria for studies to be reviewed, reviewing studies and other data, and making recommendations, as appropriate, for policies intended to protect consumers of marijuana or marijuana products to the general public. The Department may collect Colorado-specific data that reports adverse health events involving marijuana use from the all-payer claims database, hospital discharge data, and behavioral risk factors.
Understanding Scoring and Prioritization The section explains the scoring used for data system maturity (capability), strategic value, and the overall prioritization of the recommendations.
Understanding the Capability and Valuation Scoring The first critical assignment for this report was to score the ability of the state’s current capability to actually collect required data. In addition, we also scored the strategic value of gathering these data. Figure 1.4 defines the score criteria for both the capability and strategic value of the data types.
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Figure 1.4 Collection capability and Strategic Value Scoring Criteria
Low No consistent capability to collect and report the data requested.
Collection Capability
Very low return on the investment. Strategic Value
The collection of these data has very little strategic value in providing baseline or evaluative capabilities.
Medium
High
Limited and inconsistent capability to collect and report the data requested.
Sufficient capability to collect and report data requested.
Value in the data.
Instrumental in establishing public policy.
Collection of these data can be used to establish a baseline. These data may be able to be used for longitudinal, analytical and or predictive modeling.
These data can be used to target specific populations and behaviors. These data can be longitudinally leveraged.
Recommendation Prioritization For the specific legislatively required data elements and the specific primary impact of the data on Colorado’s strategic protection areas, we have defined the prioritization of recommendations based upon the following criteria: Strategic value. The value of the data collection is scored as High. These data are critical for setting a baseline, building evaluative, predictive, or longitudinal analysis. Cross spectrum strategic value. Data that can be used across the three primary objectives to protect kids, health, and public safety. Federal impact. The data are helpful in showing how Colorado’s efforts to mitigate the impacts from Recreational Marijuana. Specific impact. The data are potentially lifesaving in nature. This information can be used to dramatically protect kids and the community. Dependency. The data are a critical or fundamental requirement for performing analysis.
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Capability and Strategic Assessment This section provides a summary of the existing capability to collect data and the associated strategic value for the collection and management of these data indicators. This section also provides details about the existing capabilities to support the scoring.
Collection Capability and Strategic Value Table 1.2 provides the summary scoring of the State’s collection capabilities and the strategic value of the collection. This is organized by the statutory categories and also highlights the primary strategic objective for the collection. Table 1.2 Summary Scoring
Statutory Category
Primary Strategic Impact
Capability to Collect Today
Strategic Value
Marijuana-initiated Contacts by Law Enforcement
Public Safety
Low
Medium
Marijuana Criminal Arrest Data
Public Safety
Medium
High
Comprehensive School Data
Protecting Youth
Low
High
Drug Endangered Children
Protecting Youth
Low
High
Diversion to Minors
Protecting Youth
Medium
High
Marijuana Related Traffic Accidents
Public Safety
Medium
High
Out-of-State Diversion
Public Safety
Medium
High
Marijuana Site Operational Crime Statistics
Public Safety
Medium
High
Marijuana Transfer Using Parcel Services
Public Safety
Medium
Medium
Probation Infractions Related to Marijuana
Public Safety
Medium
Low
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Statutory Category
Primary Strategic Impact
Capability to Collect Today
Strategic Value
Data on Emergency Room Visits and Poison Control
Public Health
Medium
High
Outdoor Marijuana Cultivation
Public Safety
Medium
Medium
Organized Crime / Money Laundering
Public Safety
Medium
High
Marijuana Patterns of Use and Health Effects by County
Public Health
Low
High
Marijuana Patterns of Use and Health Effects by Race / Ethnicity
Public Health
High
High
Medical Research
Public Health
High
High
Adverse Health Impacts
Public Health
Medium
High
Capability Assessment and Recommendation Summary Colorado’s efforts are being closely watched across the nation. Data can provide valuable information for the State as it moves forward. The following sections assess the current data management and reporting capabilities for the State of Colorado and make recommendations around current and future data needs. Appendices C and D provide an overview of the data capability, gaps and recommendations. In most data categories for the 2006-2008 and 2014-2016 legislative reporting timeframes, information can be collected as required in legislation but the data available will only be for drug categories in general, not broken down specifically for marijuana. Even if marijuana categories were developed for collection and reporting for the 2014-2016 timeframe, the data would not be comparable to the previous reporting period. Appendix E provides detail on marijuana data indicators that are available for the 2006 to 2008 time period. Based on the results as shown in Table 1.2 regarding Colorado’s capability to collect the statutorily required data, the State currently has a medium to low capability for most indicators. The only exceptions relate to information regarding Purpose | People | Potential | Transform 15
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marijuana patterns of use and health effects as well as the current investment in aggregating medical research findings. Marijuana-initiated Contacts by Law Enforcement There is not a current capability in Colorado to collect marijuana-initiated contacts by law enforcement. The recommendation of the Amendment 64 Task Force included use of the term “marijuana related” incidents but the legislative language in SB 13-283 refers to “marijuana initiated contacts” which is not a term or definition typically used in law enforcement. Since implementation of Amendment 64, some local law enforcement agencies and the Colorado State Patrol have created reports or modified records management systems to enable a minimal capability to identify and track marijuana related incidents. This data collection is limited by several factors including the lack of a clear definition of “marijuana-initiated contacts,” a lack of local or statewide reporting systems to capture an “initiated” incident, and a lack of uniform and consistent reporting that would allow for comparison of information. The recommendation around this specific provision would be to convene local law enforcement officials to better determine tracking of a marijuana related incident including methods to uniformly identify an incident and to specifically capture data. Alternatively, we recommend striking it as a data collection point and using the predictive, longitudinal data analysis recommended in the local level impacts section of this report to analyze crime and disorder data. Either action will require modification to the existing legislation. Marijuana Criminal Arrest Data The capability in the State to collect marijuana criminal arrest data is limited. Currently, incident and arrest data from NIBRS are broken down by race into five levels of marijuana drug offenses. NIBRS, though, is unable to report data by ethnicity, amounts or arrests by judicial district. We recommend convening law enforcement officials to determine the level of detail required and the most efficient means of capturing data related to amounts and whether this is a necessary data element for analysis. Relative to judicial district reporting, we recommend changing this requirement. We suggest using the CCIS OIR data field which provides municipal and county information. However, if the State wishes to access judicial district information, this category would need to be added into CCIS. Comprehensive School Data The capability in the State to collect comprehensive school data for marijuana use is very limited. Currently drug-related suspensions, expulsions, and police referrals can be collected, but data are reported for all drugs and not broken down specifically for marijuana. In addition, law enforcement referrals and standards for reporting at the local school level are inconsistent leading to a lack of uniform reporting. Given the high priority of preventing youth from using marijuana, the recommendations would be that the State changes the existing school district reporting to require the collection of information specific to Purpose | People | Potential | Transform 16
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marijuana. This would require modification of the School Finance Act as well as a requirement that all school districts capture the requisite information. HB12-1345, the School Finance Act, also mandates that both local law enforcement and district attorneys collect data on criminal justice contacts with students and to report those data annually to the Colorado Department of Public Safety/Division of Criminal Justice (DCJ). This legislation was originally passed to collect data on student race and ethnicity for school referrals to law enforcement. Currently, there is no required reporting by specific drug offense but these reports do provide a means to include a marijuana data category. The legislation is scheduled to sunset in 2016. A need was also identified for additional school staff trainings and resources to properly identify marijuana use. Drug Endangered Children - Specifically for Marijuana The capability in the State to collect data on drug endangered children associated with marijuana is very limited. The State currently collects arrest data for ‘reckless endangerment’ and data in TRAILS related to substance abuse/ neglect by parents and/or substance abuse by the youth and/ or drug exposed infants. The challenge with the data is that this information is not specific to marijuana and arrest data are not broken down by specific offense. Given the high priority of protecting youth, the recommendation is to modify TRAILS to capture marijuana information. More statewide communication efforts are also needed to educate stakeholders about the definition of drug endangered children, recently defined in SB-13-278. From this work, identification of key questions could be determined which would identify useful data for future collection. Finally, there is a need for additional training and resources for human services staff to better identify and recognize caregivers who are under the influence of marijuana. Diversion to Minors The capability in the State to collect data on diversion to minors is adequate, however, there are challenges. While the Department of Revenue has the ability to track diversion through the point of sale and within the seed to sale tracking systems for marijuana that comes from the regulated retail market, there are no specific data collection tools that currently allow the State to track the diversion of non-recreational marijuana to youth outside the point of sale system. NIBRs is used to collect juvenile drug offense data but this information is not broken down by drug category nor specifically for marijuana and it does not capture how a minor obtained access. It also does not capture ethnicity. For youth between the ages of 18 and 25, the National Survey on Drug Use and Health (NSDUH) provides national and state-level data on the use of illicit drugs (including nonmedical use of prescription drugs) and mental health in the United States. NSDUH is sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency of the U.S. Public Health Service in the U.S. Department of Health and Human Services (DHHS). Through the NSDUH, estimates are available regarding the proportion of young adults (18+, 18-25 and 26+ years of age) who are using marijuana. While this data source Purpose | People | Potential | Transform 17
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provides ongoing information regarding marijuana use patterns, information regarding how these young adults are obtaining or purchasing marijuana is not currently available. Given the high strategic value of this information, recommendations include modifying NIBRS to capture marijuana data for juvenile drug offenses. We also recommend the longitudinal development of data reporting to determine how overall diversion to minors is occurring using both the transactional data reporting from law enforcement, school districts, and human services as well as the surveillance data collected by public health. CDPHE has already added questions to the Colorado YRBS/Healthy Kids Colorado survey data. Additionally, some local school districts have expanded data collection to capture information from all local schools and for a larger sampling of students. We would recommend a broad inventory be completed across Colorado to assess the current methods used to survey youth through both State and nonprofit organization resources. In addition, we recommend placing a high priority on expanding and encouraging broader, consistent participation of all school districts and local schools across Colorado in the Healthy Kids Colorado survey to improve the State’s ability to compare the results obtained with other states. This will provide better information for prevention efforts targeted toward youth. Marijuana Related Traffic Accidents The capability in the State to collect data on marijuana related traffic accidents is limited. Data can be collected from several sources, including FARS, Colorado State Patrol, NHTSA and DRE Annual Reports from the Colorado Department of Transportation (CDOT). The challenges with the data are that reporting is not specific to marijuana, there are not clear standards for reporting marijuana impairment, and there is not consistency or standardization in reporting from local levels to the Colorado Department of Transportation. While fatality data associated with marijuana use are available, there is limited information on accidents not involving a fatality or serious injury. Given the high strategic value of these data, recommendations would be to provide training for law enforcement and related stakeholders to ensure traffic accident reports and system reporting includes more consistent use of marijuana drug codes that are entered through FARS for fatality and serious injury reporting, and that CDPHE and its certified laboratories have the data collection capabilities for reporting and compiling information related to DUID and DUO blood levels. This includes changes to toxicity reporting as recommended by the Colorado Association of Chiefs of Police (CACP). It is recommended that local law enforcement record management systems and CCIS be modified to include specific marijuana DUIDrelated data categories. A need was also identified for additional training and resources to properly identify marijuana impairment. Out-of-State Diversion The capability in the State to collect data on out-of-state diversion is limited. Data can be collected or is reported in federal data sets, EPIC seizure reports, U.S. Postal Service data and Rocky Mountain HIDTA reports. The challenges with the data are that EPIC is a voluntary reporting system so data are not reported Purpose | People | Potential | Transform 18
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consistently. While there is an ability to trace recreational marijuana through the seed to sale tracking and point of sale systems, the same capacity does not exist for the medical marijuana caregiver model and unregulated market. Most diversion is detected through investigations by federal, state, and/or local agencies outside of Colorado and there is no mechanism to capture that diversion data. Given the high strategic value of these data, we recommend that Colorado law enforcement officials, led by the CBI Colorado Crime Analysis Information Center (CAIC), work with Border States through a study to determine and measure diversion from Colorado. This recommendation may require development of voluntary agreements with Border States to adopt data capture and analysis methods for marijuana to be able to track this diversion activity, best identify patterns of occurrence and determine trends. There is precedent for Colorado and surrounding states to work collaboratively on law enforcement analysis projects as there has been recent work on tracking and analyzing multistate auto theft data. Marijuana Site Operational Crime Statistics The capability in the State to collect data on marijuana site operational crime statistics is limited. Some local law enforcement record management systems in jurisdictions where there are medical/retail marijuana outlets are flagging marijuana incidents. The Colorado Department of Revenue (DOR) Marijuana Enforcement Division can capture some of these data where crimes have been reported directly to DOR from the regulated market retail establishment. The challenges with the data are that there is not a statewide law enforcement reporting system and no uniformity in the data collection. Given the high strategic value of these data, recommendations are to assess criminal activities related to, within, or near marijuana site operations and to cross reference site (licensing data) with criminal statistics just as law enforcement currently would report for other activities such as home burglaries or auto thefts. In order to fully understand the impact, further data collection requirements may require a modification of the term “marijuana site operational crime statistics” in legislation to distinguish between crime occurring related to the regulated and unregulated markets. This recommendation depends upon action taken regarding the “marijuana related incident” reporting in state law enforcement data systems. Marijuana Transfer Using Parcel Services The capability in the State to collect data on marijuana transfer using parcel services is limited. This information is being collected and reported by the U.S. Postal Service Inspection Division, as well as through EPIC and Rocky Mountain HIDTA Reports. The challenges with the data are that EPIC is a voluntary reporting system so data are not reported consistently and there is no data reporting system for private carriers. Given the low value of these data, there are no recommendations to enhance the current system. The State should continue to use the federal data set from the US Postal Service as the existing data source for current needs. Purpose | People | Potential | Transform 19
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Probation Infractions Related to Marijuana The capability in the State to collect data on probation infractions related to marijuana is limited. This information is being collected through ICON/Eclipse, the judicial data reporting system for the State of Colorado. The challenges with the data are that there is not a clear definition of ‘probation data’ for marijuana reporting in the legislation which has led to confusion about what needs to be reported. Currently ICON does not have a specific marijuana-related data field; consequently, references to marijuana are only present if marijuana is identified in the report notes and ICON does not have the ability to query these reports for marijuana data collection. Given the low priority value of these data, the recommendations are to better define the desired data needs and intent for collection of this data for marijuana reporting, and if the State is interested in these data for marijuana collection and assessment, to make system changes to ensure that ICON/Eclipse can capture marijuana specific data for reporting. Based on the clarification of the need for this data set, using probation data to assess other research questions related to marijuana may be better addressed through one-time, specific study inquiries. Data on Emergency Room Visits and Poison Control The capability in the State to collect data on emergency room visits and Poison Control is limited. These data are being collected through voluntary hospital reports, and the national Drug Abuse Warning Network (DAWN) which is also voluntary and no longer funded. The All Payer Claims Database collects claims data and has claim codes that are specific to marijuana but providers do not consistently or uniformly code for marijuana. The challenges with the data are the voluntary nature of data collection. According to a recent Office of National Drug Control Policy (ONDCP) report, there are efforts underway by SAMHSA, the National Center for Health Statistics and the National Survey on Drug Use and Health (NSDUH) to improve and transition data collection and reporting in 2015. CDPHE is also working with the Colorado Hospital Association to improve coding and the tracking of marijuana related admissions to emergency rooms. All the currently available data sets for adverse health effects are only available retrospectively which greatly hinders the timely detection of adverse effects that may be related to contamination or poisoning. In order to fill these data gaps, the Colorado Department of Public Health and Environment (CDPHE) has requested funding to increase data collection capacity through syndromic surveillance. Given the high strategic value of these data, the recommendations are to continue to improve and refine efforts to collect data through voluntary reporting methods including the BRFSS, All Payer Claims Database, Hospital Discharge and E.R. Data, and Rocky Mountain Poison Control Center data, including requiring hospital provider reporting of youth related marijuana admissions. Tracking of this information should be through the All Payer Claim Database. Outdoor Marijuana Cultivation The capability in the State to collect data on outdoor marijuana cultivation is adequate but challenging. These data are being collected by local law Purpose | People | Potential | Transform 20
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enforcement agencies that voluntary report this information within federal data sets (EPIC) and other federal collection sources (DEA, U.S. Forest Service, National Guard and Rocky Mountain HIDTA) but there is no statewide data system to capture local law enforcement outdoor cultivation seizures. This reporting provides information for outdoor cultivation that has been identified but does not capture the unknown, unreported and unregulated cultivation. It is important to distinguish that there is a difference between illegal, unregulated outdoor cultivation and legal, regulated cultivation as there is some outdoor growing that occurs in the regulated market. There is no recommendation here as existing data sources are based on federal data sets. Organized Crime / Money Laundering The capability in the State to collect data on organized crime and money laundering is challenging. These data are being collected through state and federal sources including NIBRS through CBI, the FBI, and the DEA. The challenge with the state NIBRS data is that money laundering is not broken down by offense. This is a federal data source that comes from ongoing investigations and intelligence gathering which would not be public data. The new regulations Colorado passed in HB 14-1398; Marijuana Financial Services Cooperatives that create a bank co-op are intended to discourage potential illegal activity in Colorado related to the regulated market. There is no recommendation here as this is a federal data set. Marijuana Patterns of Use and Health Effects The capability in the State to collect data on marijuana patterns of use and health effects is mixed. This information is being collected through a variety of state and federal data sets including the National Survey on Drug Use and Health – NSDUH (SAMSHA), the Youth Risk Behavior Survey (YRBS – known in Colorado as the Healthy Kids Colorado survey), and Behavioral Risk Factor Surveillance System (BRFSS). Data collection capacity exists within CDPHE, CDHS through the Office of Behavioral Health DACODs system, and the Rocky Mountain Poison Control Center. Given the high value of these data, the recommendation is to continue to support existing surveillance and treatment management systems, encouraging current efforts already underway to expand marijuana related tracking. Surveillance surveys are national data collection systems but Colorado specific questions can continue to be added as long as there is funding. The Behavioral Risk Factor Surveillance System (BRFSS) can serve as a way to capture use patterns for adults with treatment patterns being derived from DACODs. Access and use of marijuana by youth can be monitored through the Healthy Kids Colorado survey, with information reported by health district rather than by county. One legislative change can be to adjust the required reporting such that it reflects current data collection protocols.
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Enterprise Recommendations In addition to the legislatively required data collection capabilities and recommendations described above, we identified specific enterprise-wide recommendations that should be considered by the State that support improved data collection at the State and local levels.
Streamline Data Collection Currently the Colorado Department of Public Safety, Division of Criminal Justice (CDPS/DCJ) has been designated as the primary agency responsible for the collection and reporting for all of the recreational marijuana data requirements. While there has been great cooperation across state agencies to share data, this structure has significant constraints and inefficiencies. We believe this model is not sustainable in the longer term for data collection as staff, agency and administrative leadership changes. This process results in: Additional overhead in transmitting and sharing data between agencies. Potential issues with data ownership and compliance with data security / privacy issues. Additional resources to manage data that are not directly understood or relevant to the Public Safety Domain. Potential issues with the data comprehension or formatting, CDPS becomes a broker between agencies and the data requests. Limited formal accountability or requirement by other agencies to share data with CDPS. As part of our recommendation on data collection and reporting, we believe that refining this process would result in much more optimized and efficient reporting. Figure 1.5 Transitioning the Data Collection Processes and Systems
Figure 1.5 above illustrates the high level concept that shifts from a single responsible agency to a distributed / longitudinal structure. While we are not Purpose | People | Potential | Transform 22
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making systemic or technology platform recommendations, streamlining the processes would result in: Better communication, resource allocation, and reporting requirements. Better efficiency since it reduces overhead in transmitting and sharing data. A higher level of sustainability since this model builds in redundancy. Higher impact as agencies can focus on their core competencies in terms of data collection and reporting. Higher quality reports since report format and structure are predetermined in advance. Development of longitudinal data sets that combine or join disparate data sets across agencies.
Data Advisory Board Support for the recommendation above, as marijuana regulation and oversight progresses in the State, requires an entity to ensure alignment between strategy and direction. The entity has to be empowered and trusted to access and accurately analyze data across agencies. The entity’s main function would be to organize operational, financial, risk-management and reporting processes so that the Governor and Legislature receive the information needed and can meet Colorado’s strategic objectives efficiently and effectively. As a step toward creating such an entity, the recommendation is to create a data advisory board with the following responsibilities: Overseeing the implementation of the recommendations for data collection outlined in this report. Defining the research and evaluation questions related to marijuana and coordinating efforts across agencies to answer those questions. Providing oversight into the development of data reports which are statutorily required. Providing leadership and input into predictive and higher value data management activities and initiatives. Ensuring agency resources are available to support data reporting expectations. Establishing reporting frequency. The membership of the data board should be made up of the following agencies that collect high value data: Department of Revenue (specifically Marijuana Enforcement Division); Department of Public Health and Environment; Department of Human Services (specifically Office of Behavioral Health); Department of Public Safety; Division of Criminal Justice/DCJ; Governor’s Office of Information and Technology/OIT; and Colorado Department of Purpose | People | Potential | Transform 23
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Education/CDE. In addition to these agencies, membership should include representatives from law enforcement associations, legislative representatives, IT/ data sharing experts from the community, and any other identified key stakeholders. With a Data Advisory Board model, the state has a better ability to communicate, commit resources, define reporting requirements, and determine whether state regulations and policies are meeting intended goals.
Clarity of Statutory Definitions Table 1.3 outlines three recommendations to clarify existing legislative requirements. By improving these requirements, data collection efforts will be more effective and efficient. Table 1.3 Legislative Definitions that require clarification
Data Reference in Legislation
Why an Issue?
Potential Recommendations
From a statutory perspective, implement the data collection recommendations in this report which provide more specific information on criminal activity related to marijuana. Based on additional law enforcement feedback, modify the statute language from “initiated” to “related,” or strike as collection method.
Marijuana Initiated Contacts by law enforcement by race and ethnicity, and by judicial district
Stakeholders not interpreting “marijuana initiated contacts” uniformly because the term is not clearly defined in legislation or previously used in law enforcement data collection. No comprehensive system to collect data.
Data related to Drug Endangered Children, specifically for marijuana
Non-uniform interpretations of “drug endangered children” among human services and law enforcement. TRAILS captures/reports by drug category, not by marijuana specifically. Reckless endangerment charge in NIBRS not defined by offense so marijuana-specific data are not available.
From a statutory perspective, implement the data collection recommendations in this report which provide more specific information on how marijuana is impacting youth. Our recommendations should further inform and clarify the definition of this term.
Probation Data
Non-uniform interpretation of “probation” in this context (Marijuana offenders on probation? Marijuana vis-à-vis
Clarify language to be specific for individuals on probation who are arrested, detained, or prosecuted for marijuana crimes.
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probation violations? etc).
Supplemental Recommendations Priority Areas Youth Use and Prevalence Preventing youth use and access to marijuana was consistently shared by law enforcement and public health stakeholders as a top priority. Data collection and reporting on youth use and access, exposure to advertising and understanding youth’s perception of risk are extremely important in developing education, awareness and prevention campaigns. In addition to the recommendations outlined in the legislative requirements for youth regarding expansion of surveillance and survey data, we recommend continued support of research and evaluation that can measure the impact and effectiveness of prevention, education and awareness investments. Behavioral Health Treatment Needs There are not specific legislative requirements in SB13-283 that require reporting of substance abuse data for marijuana use and treatment in the required 20062008 and 2014-2016 report timeframes. However, through national and state data available through the Colorado Department of Human Services (CDHS) in the Office of Behavioral Health, reports from treatment providers offer high strategic value data to assess needs and support investments in substance abuse treatment decision making. Data analysis of existing data sources could be used to determine high risk populations to help cater educational and outreach programs. In addition, more research is needed on the relationship for adults and youth between alcohol and marijuana; or other drug use and marijuana. This will give the State a better picture of substance abuse, treatment and prevention needs in Colorado.
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Driving Under the Influence of Drugs (DUID) Colorado statutes and many other states’ laws set regulations that directly measure the level of impairment of the driver. The understanding of how dangerous it is to drive under the influence of marijuana, how to test for impairment, and how the risks compare to driving drunk — are lagging behind the impacts of legalization and public understanding. Based on several review papers, it is estimated that there is a twofold increase in the risk of an accident if there is any measurable amount of THC in the bloodstream. Risks can be even higher when marijuana is used in combination with alcohol. Blood-alcohol content can be tested on the side of the road with a Breathalyzer but the same is not true for marijuana. Currently, THC levels must be measured from blood samples. In addition, more research and study is needed to understand the effects of combining alcohol and marijuana and its impact on driving impairment. Given the high strategic value of this issue and need for data to test and assess risk, we recommend universal data collection for DUID infractions which would require investments in systems for capturing data, law enforcement training through programs such as ARIDE and DRE, reliable screening technology, investments to increase data collection capacity and toxicity reporting for the blood samples tested for DUID and DUI through the CDPHE certified laboratory system, and public education and awareness campaigns regarding impairment levels using marijuana, and using marijuana in combination with other substances. As with the awareness and prevention programs for public health and protecting youth, research studies and evaluation reports require funding to determine the efficacy of efforts. In support of these and other reforms, the Colorado Task Force on Drunk and Impaired Driving created through HB 14-1321 was established to make recommendations regarding the enhancement of government services, education, and intervention to prevent drunk and impaired driving. A team of law enforcement officials, including the Colorado Association of Chiefs of Police (CACP), Colorado Department of Public Safety (CDPS), and CBI, should continue to convene to provide input, direction and oversight on the issues related to DUID, including involvement with the Colorado Department of Public Health and Environment. Local level impacts for jurisdictions allowing and not allowing retail sales Currently the Department of Revenue Marijuana Enforcement Division collects data on cities and counties that allow and do not allow retail sales of marijuana. Local statistical data are available across the major categories – crime, health and school data. Colorado counties and municipalities are passing local ordinances to establish their own local controls over marijuana access. Using the longitudinal data collection approach, the recommendation would be for the Data Advisory Board (earlier recommendation regarding data governance) in partnership with cities, counties and agencies to identify research questions that highlight the data required for producing analytical reports by jurisdictional type. The data from these reports can be used for comparing communities with and without retail sales outlets and can be used in decision making to specifically target investments and resources for youth use, public health and public safety. Purpose | People | Potential | Transform 26
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Multi-state comparison As one of only two states in the U.S. that have legalized retail marijuana, Colorado has become a laboratory for identifying, monitoring and regulating the sale of marijuana. While Colorado had two years of experience with the legalization of licensed medical marijuana businesses, cultivation facilities and edible marijuana products under HB 10-1284, Colorado is faced with new challenges associated with certifying retail marijuana stores, regulating grow operations and enforcing laws surrounding the use and distribution of marijuana in multiple forms. Even though Colorado is leading the way among states, there are significant baselines for Colorado to compare marijuana statistics using Federal data sources outlined in this report including criminal activity, usage among adults and youth, and treatment statistics. National surveys such as the YRBS/Healthy Kids Colorado survey can be used for comparison on usage among youth across states. Since Colorado has legalized the sale of recreational marijuana, comparisons on criminal statistics will have to be adjusted. Recommendations include using the Data Advisory Board (recommended earlier) to define research questions that will help Colorado understand its comparative position to other states. These questions should be targeted for relevant and consistent reporting. After these questions are defined, resources can be identified to collect federal, other state, and independent data that are relevant for comparison. This may require building additional reports or it may be simply entail pulling data from existing sources.
Additional Findings from Stakeholder Interviews beyond the Statutory Requirements and Priority Areas: Hash Oil Explosions Hash Oil Explosions were identified by a number of stakeholders interviewed as a potential concern for public safety. Currently, law enforcement and fire department stakeholders are meeting to discuss this emerging issue and address potential actions. In interviews, stakeholders noted that only fire departments at the current time may know that a hash oil explosion has occurred. These incidents may also go unrecognized or unreported as hash oil explosion. If the cause of the fire is investigated, arson among other charges may be the charge. SB 13-283, added C.R.S 9-7-113 Use of flammable gases in home marijuana cultivation – prohibited, giving local governments authority to ban the use of a compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids in a residential setting. From a data collection standpoint and given existing systems, the State would need to identify and track the local government entities that have passed local ordinances and collect the number of citations issued. These data could be aggregated to the State level to develop a baseline and track trends over time but would need to be analyzed at a local or regional level to determine Purpose | People | Potential | Transform 27
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geographic areas where prevention and enforcement could be targeted to areas with highest incidents or at greatest risk. Edibles Overexposure to high potency edibles was identified by a number of stakeholders interviewed as a potential concern for public health, protecting safety and protecting kids. During the Marijuana Data Discovery and Gap Analysis Project period, an emergency rule making work group was formed to adopt emergency rules related to the THC in a serving size of edibles. The work group has completed its review and new regulations for edibles took effect August 1, 2014. An additional work group has been formed to review how to improve the labeling of edibles for the general public. That work group became effective August 1, 2014. From a data collection standpoint, any data sets requiring reporting “specifically for marijuana” through public health, public safety, or school data systems would have to include a further breakdown to determine that marijuana exposure was a result of the ingestion of an edible. No action is recommended for data collection at the current time.
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Strategic Roadmap and Planning This section summarizes the priorities, timelines, and projected efforts (financial costs and resources) required to implement the recommendations.
Prioritization Summary of Recommendations This section provides a summary score of the recommendations. We have defined the prioritization of recommendations based upon: Strategic value. The value of the data collection is scored as High. These data are critical for setting a baseline, building evaluative, predictive, or longitudinal analysis. Cross spectrum strategic value. Data that can be used across the three primary objectives to protect youth, health, and public safety. Federal Priority. The data are helpful in showing Colorado’s efforts to mitigate the impacts from Recreational Marijuana. Dependency. The data are a critical or fundamental requirement for performing analysis. High Priority Recommendations. Strategic Value
Cross Spectrum
Federal Priority
Dependency
R1: Data Governance Model
High
Yes
Yes
Yes
R2: Legislative Requirements
High
Yes
No
Yes
R3: Criminal Arrest
High
Yes
Yes
No
R4: Comprehensive School
High
Yes
Yes
No
High
Yes
Yes
No
R6: Diversion to Minors
High
Yes
Yes
No
R7: Marijuana Related Traffic Accidents
High
Yes
Yes
No
R8: Out-of-State Diversion
High
Yes
Yes
No
R9: Marijuana Site Operational Crime Statistics
High
No
Yes
No
Name
R5: Drug Endangered Children
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R10: Emergency Room Visits / Poison Control
High
Yes
Yes
No
R11: Organized Crime / Money Laundering
High
No
Yes
No
High
Yes
Yes
No
R13: DUID
High
Yes
Yes
No
R14: Treatment Access
High
Yes
No
No
R15: Marijuana Patterns of Use / Health Effects
High
Yes
Yes
No
R12: Youth Use and Prevalence
Enterprise Recommendations. Primary Strategic Impact
Capability to Collect Today
Strategic Value
Data Governance
All
N/A
High
Legislative Definition Clarification
All
N/A
High
Recommendation
Enterprise Recommendations R1: Data Governance Model. Convene a governance authority to implement the recommendations in this report. The formulation of this authority (board or commission) should be endorsed by the Governor and have multi-jurisdictional and cross competency representation. A project manager should be contracted or hired to facilitate the administration of this group for the first year. This resource can be housed in the Governor’s Office of Marijuana Coordination. Formation of a data governance model will address the: Significant effort required to prioritize, collect, and manage the data collection efforts Strong need for continued and formalized cross departmental cooperation Coordinated data collection and sharing efforts outlined in this report.
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R2: Legislative Definition Clarification. Clarify the legislative definitions in SB13-283 for marijuana initiated contacts; data related to drug endangered children, specifically for marijuana; and probation data. Marijuana Initiated Contacts by law enforcement by race and ethnicity, and by judicial district. Modify the statute language from “initiated” to “related,” or strike as a collection method. From a statutory perspective, implement the data collection recommendations in this report which provide more specific information on criminal activity related to marijuana. Data related to Drug Endangered Children, specifically for marijuana. Educate stakeholders about the recent definition of drug endangered children. From a statutory perspective, implement the data collection recommendations in this report which provide more specific information on how marijuana is impacting youth. Probation Data. Clarify language to be specific for individuals on probation who are arrested, detained, or prosecuted for marijuana offenses.
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High Priority Legislative Data Collection Requirements. The following are recommendations to improve the data collection requirements per the legislative requirements. R3: Criminal Arrest. Convene law enforcement officials to determine the level of detailed reporting required and the most efficient means of capturing data relative to the statute – e.g., by marijuana, by amounts, by race, by ethnicity. For judicial district, we recommend changing this requirement to use the existing CCIS OIR data field which would provide municipal and county information. However, if the state wishes to compile information by judicial district, it would need to be added into CCIS. R4: Comprehensive School. Change the existing school district reporting to include specific information on marijuana. This will require a modification to the School Finance Act to require all school districts to capture information. HB 121345 implementation should include a marijuana data category though there are challenges to the overall implementation of this legislation and it is scheduled to sunset in 2016. R5: Drug Endangered Children. Modify TRAILS to capture marijuana level information. Provide statewide communication and education to stakeholders about the terminology from SB13-278. R6: Diversion to Minors. Modify NIBRS to capture marijuana data. Assess methods to survey youth, including using existing student surveys. Conduct a broad inventory of surveys completed across Colorado. Place a high priority on expanding and encouraging broader and consistent participation by schools and districts in the YRBS/Healthy Kids Colorado survey. Develop longitudinal data reporting to determine overall diversion. R7: Marijuana Related Traffic Accidents. Modify CDOT FARS to include more consistent use of marijuana drug codes. This includes toxicity, DUID blood level data reporting and collection requirements for CDPHE certified laboratories. Modify local law enforcement record management systems and CCIS to include a specific marijuana DUID-related data category (Recommendation 13). R8: Out-of-State Diversion. Encourage Colorado law enforcement officials to work with Border States to determine and measure diversion from Colorado through voluntary agreements, led by CBI/Colorado Crime Analysis Information Center (CAIC). Adopt data capture and analysis methods to track this diversion activity. R9: Marijuana Site Operational Crime Statistics. Use existing data to assess crime and disorder related to, within, or near marijuana site operations by cross referencing site information (licensing data) with criminal statistics. This Purpose | People | Potential | Transform 32
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recommendation correlates upon implementation of the marijuana related incident reporting. R10: Emergency Room Visits / Poison Control. Continue to improve and refine efforts to collect data through voluntary reporting methods including the BRFSS, All Payer Claims Database, Hospital Discharge and E.R. Data, and Rocky Mountain Poison Control Center data, including requiring hospital provider reporting of youth related marijuana admissions and track this through the All Payer Claims Database. R11: Organized Crime / Money Laundering. Track implementation of HB141398 regarding the bank co-op for marijuana establishments. Monitor existing federal data. Additional High Priority Area Recommendations. R12: Youth Use and Prevalence. In addition to the recommendations outlined in the legislative requirements for youth regarding the expansion of surveillance and survey data, continue to support research studies and evaluation reports that can measure the impact and effectiveness of prevention, education and awareness investments. R13: DUID. Support universal data collection for DUID infractions requiring investments in systems for capturing data, law enforcement training through programs such as ARIDE and DRE, reliable screening technology, and investments to increase data collection capacity and toxicity reporting for the blood samples tested for DUID and DUI through the CDPHE certified laboratory system. R14: Treatment Access. Analyze existing data sources to determine high risk populations to help tailor educational and outreach programs. Investments in research are needed on the relationship for adults and youth between alcohol and marijuana; or other drug use and marijuana. This will give the State a better picture of substance abuse, treatment and prevention needs in Colorado. R15: Marijuana Patterns of Use / Health Effects. Continue to support existing surveillance and treatment management systems, encouraging current efforts already underway to expand marijuana related tracking. Surveillance surveys are national data collection systems but Colorado specific questions can continue to be added as long as there is funding. The Behavioral Risk Factor Surveillance System (BRFSS) can serve as a way to capture use patterns for adults with treatment patterns being derived from DACODs. Access and use of marijuana by youth can be monitored through the Healthy Kids Colorado survey, with information reported by health district rather than by county. Through legislation, adjust the required reporting so that it reflects current data collection protocols.
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Lower Priority Recommendations Strategic Value
Level of Effort
Risk
Cost
Agency
R16: Marijuana Initiated Contacts
Medium
High
High
High
CDPS
R17: Outdoor Marijuana Cultivation
Medium
Low
Low
Low
CDPS
R18: Local Level Impacts
Medium
Moderate
Moderate
Moderate
Multiple
R19: Multi-State Comparison
Medium
Moderate
Moderate
Moderate
Policy
R20: Marijuana Transfer Using Parcel Services
Medium
Moderate
Low
Moderate
CDPS
R21: Probation Infractions
Low
High
High
High
CDPS / DOC
R22: Hemp
Low
Low
Low
Low
DOA
Name
Lower Priority Legislative Data Collection Requirements: R16: Marijuana Initiated Contacts. Modify the statute language to “related contacts,” or strike as a collection method. Assumptions for Level of Effort, Risks, and Cost are based upon implementation of “related” incidents. R17: Outdoor Marijuana Cultivation. Monitor existing federal data. R18: Local Level Impacts. Produce a jurisdictional index of locations and their regulatory framework by the Colorado Department of Revenue. This will define the “jurisdiction” type at a high level; this can be as simple as asking if the locality allow the selling of recreational marijuana? Create research questions that identify the data required for producing analytical reports by jurisdictional type. The Data Advisory Board can prioritize, help design and implement these reports. R19: Multi-State Comparison. Define research questions that will help Colorado understand its comparative position to other states, led by the Data Advisory Board. These questions should be targeted to relevant and consistent reporting. In other words, since Colorado has legalized the sale of recreational marijuana, Purpose | People | Potential | Transform 34
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comparisons on criminal statistics will have to be adjusted. However, comparisons to youth usage would be an area for consideration. After these questions are defined, resources can be identified to collect federal, other state, and independent data that are relevant for comparison. This may require building additional reports or it may be simply pulling data from existing sources. R20: Marijuana Transfer Using Parcel Services. Monitor federal data sources. R21: Probation Infractions. Clarify the definition for probation data collection for marijuana. Based on clarification of data need, the recommendation is to ensure ICON has marijuana specific data broken down for collection. R22: Hemp. Enhance coordination and collaboration between the Colorado Department of Agriculture, Colorado Department of Revenue, and Colorado Department of Public Health and Environment to share licensing information between agencies.
Implementation Planning This section provides a summary of the costs, timelines, resources, and other requirements for implementation of the recommendations.
Level of Effort, Risks and Costs Scoring Low
Moderate
High
No major effort. Can be assumed by existing resources.
Project level investment that requires project planning, systems design, analysis, and other additional work.
Major project that may be months to years in duration and impacts a wide variety of stakeholders.
Risks
No financial, political, or operational risks.
Sufficient risks to policy, systems, and operations to require mitigation.
Highly complex and high chance for operational or political disruption. Requires risk management planning.
Cost
Little to no costs – can be covered within existing state budgets.
Up to $500k in total costs for professional services, FTE, or infrastructure.
Over $500k in total costs for professional services, FTE, or infrastructure.
Level of Effort
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Summary Scorecard of the High Priority Recommendations Strategic Value
Level of Effort
Risk
Cost
Agency
R1: Data Governance Model
High
Moderate
Low
Moderate
Marijuana Coordination Office
R2: Legislative Requirements
High
Low
Low
Low
Policy
R3: Criminal Arrest
High
High
Moderate
High
CDPS
R4: Comprehensive School Data
High
High
High
High
CDE
R5: Drug Endangered Children
High
Moderate
Low
Moderate
Multiple
R6: Diversion to Minors
High
High
Moderate
High
Multiple
R7: Marijuana Related Traffic Accidents
High
High
Moderate
Moderate
Multiple
R8: Out-of-State Diversion
High
High
High
Moderate
CDPS
R9: Marijuana Site Operational Crime Statistics
High
Moderate
Moderate
Moderate
CDPS
R10: Emergency Room Visits / Poison Control
High
High
High
High
CDPHE/ HCPF (APCD)
R11: Organized Crime / Money Laundering
High
Low
Low
Low
CDPS
R12: Youth Use and Prevalence
High
High
Moderate
High
Multiple
R13: DUID
High
High
Moderate
High
Multiple
R14: Treatment Access
High
Moderate
Low
Low
CDHS
R15: Marijuana Patterns of Use / Health Effects
High
Moderate
Low
Moderate
CDPHE
Name
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Risk and Level of Effort Details for High Priority Recommendations Name
Level of Effort
Risk
R1: Data Governance Model
Moderate. This will require cooperation and coordination across agencies to determine priorities and implement the recommendations.
Low. There is little to no risk in improving coordination and communication.
R2: Legislative Requirements
Low. These recommendations will require minor effort – mostly policy changes.
Low. There is little to no risk within this recommendation.
R3: Criminal Arrest
High. This will require modification of local and state law enforcement systems to capture marijuana level data.
Moderate. Risk is primarily around modification and integration of local and state law enforcement systems.
R4: Comprehensive School Data
High. This will require statutory changes to ensure school districts capture marijuanalevel infractions. This will require changes to school data systems and reporting. This also includes training for schools and districts in identifying marijuana-based infractions.
High. There is significant policy work and local control issues with schools to mitigate. There is also a significant level of risk in terms of training and adoption by districts and schools. If does not come with corresponding funding, will also be viewed as an unfunded mandate.
R5: Drug Endangered Children
Moderate. The effort is mostly around ensuring the definition is communicated across stakeholders in the state.
Low. There is little to no risk in terms of clarifying this definition and modifying systems accordingly.
R6: Diversion to Minors
High. This effort includes the modification of NIBRS to capture juvenile offenses for marijuana as well assessing methods to survey youth. This also includes longitudinal development of data reporting to better understand youth diversion.
Moderate. There are risks with the modification and integration of local and state law enforcement systems to capture juvenile information. There are also political risks with youth usage surveys.
R7: Marijuana Related Traffic Accidents
High. This effort includes the modification of local and state law enforcement systems. This also includes training for law enforcement in identifying marijuana-based driving infractions.
Moderate. There are risks with the modification and integration of local and state law enforcement systems to capture juvenile information. There are also implementation risks with training associated with recognizing accidents that are related to marijuana or driving under the influence.
R8: Out-of-State Diversion
High. This effort includes cooperating with out-of-state law and federal enforcement agencies to track data.
High. Risks are primarily political and evolve around relationships with federal and border state law enforcement.
R9: Marijuana Site Operational Crime Statistics
Moderate. This effort is primarily focused on aggregating longitudinal data from Department of Revenue with criminal data. This is a high-level of effort if the “marijuana-
Moderate. The risks here are around managing data sources and sharing information publicly.
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related” recommendation implemented.
Name
Level of Effort
Risk
R10: Emergency Room Visits / Poison Control
High. This will involve improving and refining efforts to collect data through voluntary reporting methods including the BRFSS, All Payer Claims Database (APCD), Hospital Discharge and E.R. Data, and Rocky Mountain Poison Control Center data. In addition, this recommendation includes requiring hospital provider reporting of youth related marijuana admissions and tracks this through the All Payer Claims Database.
High. Risks are primarily associated with requiring hospitals to report youth-related admissions. Risks are also associated with costs of modification of existing data systems of hospitals, payers and the APCD.
R11: Organized Crime / Money Laundering
Low. Effort is primarily around monitoring existing data sources.
Low. There are no to little risks associated with this recommendation.
R12: Youth Use and Prevalence
High. This effort is primarily on the building and assessing methods to survey youth usage and access.
Moderate. Risks are associated with political / local control issues with data collection.
R13: DUID
High. This effort includes the modification of local and state law enforcement systems. This also includes training for law enforcement in identifying marijuana-based driving infractions. Given the timeframe for results of DUID testing, thus also requires better connection of lab results to original case files.
Moderate. Risks are primarily associated with law enforcement systems integration and associated training.
R14: Treatment Access
Moderate. This will require optimizing existing data sources to provide better reporting data.
Low. There are no to little risks associated with this recommendation.
R15: Marijuana Patterns of Use / Health Effects
Moderate. This will require optimizing existing data sources to provide better reporting data.
Low. There are no to little risks associated with this recommendation.
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Implementation Considerations We have summarized the following near-term activities for the state to consider in terms of implementing the recommendations.
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Cost Summary Details for High Priority Recommendations The following table provides summary level of costs for the high level recommendations. These are high-level estimates and need to be fully verified before assigning fiscal notes. Name
Cost Summary
R1: Data Governance Model
Moderate. Costs include state FTE or a contractor to facilitate the data governance body which we assume will be approximately $100k. This may be incorporated into existing staff responsibilities but we believe there is additional capacity and focus required.
R2: Legislative Requirements
Low. There is little to no costs for this recommendation.
R3: Criminal Arrest
High. System costs for law enforcement system changes are the primary costs. From 2009 CCIS integration requirements, we would estimate this to be approximately $500,000. We assume training costs are minor since it doesn’t include Drug Recognition Training.
R4: Comprehensive School Data
High. Assumption of system costs would be well over $1M for both modifications within CDE as well as local school district systems. In addition, project management and communication costs would be required. Training for school districts to identify marijuana-related incidents could be estimated at a training cost / district but we assume it would be well over $250,000 year.
R5: Drug Endangered Children
Moderate. System costs are the primary costs and we estimate this to be around $25 to $50k.
R6: Diversion to Minors
High. Primary costs are around system costs to change NIBRS – this would be a minor cost but integration with other local law enforcement systems would likely be around $250k. Costs to develop and issue youth surveys require systems development and communication. There are also costs associated with data aggregation.
R7: Marijuana Related Traffic Accidents
Moderate. Costs center around the modification to FARS. We expect this can be done for less than $50k.
R8: Out-of-State Diversion
Moderate. Costs include supporting the collection of out-of-state agencies and cooperating to reduce diversion.
R9: Marijuana Site Operational Crime Statistics
Moderate. Data reporting and aggregation costs should be less than $50k.
R10: Emergency Room Visits / Poison Control
High. Modification of the All Claims Payer Database will be moderate (within $25 to 50k) but also requires modifications to hospital and insurer claims systems which might be more significant. Costs to train providers and hospitals will be high – well over $500k.
R11: Organized Crime / Money Laundering
Low. There is little to no cost to monitor existing data.
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R12: Youth Use and Prevalence
High. Costs are similar to Recommendation 6.
R13: DUID
High. Costs are associated with modification of CCIS and local law enforcement systems (Recommendation 1). The major cost is development of the training for Drug Recognition Experts in capturing the data.
R14: Treatment Access
Low. There is little to no cost to collect and monitor existing data.
R15: Marijuana Patterns of Use / Health Effects
Moderate. Efforts are already underway to collect and optimize data collection. Costs here are associated with FTE and system staff to continue this work.
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Appendix A: Discovery Process Stakeholder Interviews Project Governance Team Name/Title/Department/Division Adrienne Russman Marijuana Data Project Manager and Policy Advisor Office of Policy, Research and Legislative Affairs Colorado Office of the Governor Dianna Anderson Chief Data Officer Office of Information Technology (OIT) Karin McGowan Deputy Executive Director Colorado Department of Public Health and Environment (CDPHE) Kim English Director Office of Research and Statistics Colorado Department of Public Safety (CDPS) Lewis Koski Director Marijuana Enforcement Division Colorado Department of Revenue (DOR) Melissa Wavelet Director Office of Performance and Strategic Outcomes Colorado Department of Human Services (CDHS) John Jackson Chief of Police Greenwood Village Police Department (Representing local law enforcement/CACP)
Email/Phone
[email protected]
[email protected] [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Stakeholders Interviewed Name/ Title Alice Wheet Budget Analyst Ann Renaud Budget Analyst Henry Sobanet Director Jack Finlaw Chief Legal Counsel Mattie Albert Budget Analyst Andrew Freedman Director of Marijuana Coordination Zachary Pierce Policy Advisor Barbara Brohl Executive Director Lewis Koski Director
Department/Division
Email/Phone Number
Governor’s Office/ State Planning and Budgeting Governor’s Office/State Planning and Budgeting Governor’s Office/State Planning and Budgeting Governor’s Office/Legal Counsel Governor’s Office/State Planning and Budgeting
[email protected]
Governor’s Office Governor Office/Policy DOR DOR/Marijuana Enforcement Division
[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
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Heather Copp Deputy Director Daria Serna Director of Communications Mia Tsuchimoto
DOR DOR DOR/Marijuana Enforcement Division
Ron Kammerzell Deputy Senior Director Barbara Kelley Executive Director Reggie Bicha Executive Director Melissa Wavelet Director Office of Performance and Strategic Outcomes Patrick K. Fox, M.D., Acting Director/Deputy Director of Clinical Services Stan Paprocki Director, Prevention and Early Intervention
DOR/Enforcement DORA CDHS CDHS/Office of Performance and Strategic Outcomes CDHS/Office of Behavioral Health CDHS/Office of Behavioral Health
[email protected] [email protected] [email protected] [email protected] [email protected]
[email protected] [email protected] [email protected] [email protected]
Chris Habgood Director of Policy & Planning
CDHS/Office of Behavioral Health
Marc S. Condojani, LCSW, CAC III Director of Community Treatment and Recovery Programs Rebecca S. Helfand, Ph.D. Evaluation Manager Dianna Anderson Project Governance Team Chief Data Officer
CDHS/Office of Behavioral Health
[email protected]
CDHS/Office of Behavioral Health
[email protected]
OIT
[email protected]
Darrell Lingk Director
CDOT/Transportation Safety
[email protected]
Glenn Davis Highway Safety Manager
CDOT/Highway Safety
[email protected]
CDPHE
[email protected]
Larry Wolk Executive Director Karin McGowan Project Governance Team Deputy Executive Director Stan Hilkey Executive Director Kim English Project Governance Team Director Peg Flick Mitch Yergert Director
CDPHE CDPS CDPS/Office of Research and Statistics CPDS/Division of Criminal Justice CDA/Division of Plant Industry
[email protected] [email protected] [email protected] [email protected] [email protected]
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CDA/Division of Plant Industry
Duane Sinning Assistant Director
CDPHE/Medical Marijuana Research Grant Program CDPHE/Public Education Campaign
Ken Gershman Manager Ali Maffey
[email protected] [email protected] [email protected] [email protected]
Allison Hastey Amy Dillon Laura Gillim Ross Laboratory Director Ron Hyman State Registrar and Director Mike VanDyke Chief Ricky Tolliver Manager Tista Ghosh Director Disease Control and Environmental Epidemiology Division Leanne Emm Associate Commissioner Janelle Krueger Manager Dropout Prevention and Engagement Jan Petro Data Services Director Sarah Mathew Director of Health and Wellness Matthew Durkin Tom Raynes Executive Director Chris Halsor Traffic Safety Resource Prosecutor Christian Thurstone Public Awareness/ Communication Campaign contacts: Allison Hastey CDPHE
CDPHE/Healthy Kids Colorado
[email protected]
CDPHE/Laboratory Services
[email protected]
CDPHE/Office of Vital Statistics and Medical Marijuana Registry CDPHE/Environmental Epidemiology, Occupational Health, and Toxicology Section CDPHE/Health Surveys and Analysis Unit CDPHE/ Disease Control and Environmental Epidemiology CDE
[email protected]
[email protected] [email protected] [email protected] [email protected]
CDE/Choice and Engagement Division
[email protected]
CDE/Information Management Services CDE/Innovation, Choice, and Engagement Division Attorney General’s Office
[email protected]
[email protected]
CDAC
[email protected]
CDAC Denver Health and Hospital Authority
Communications/Public Information Group by Agency
[email protected]
[email protected] [email protected]
[email protected] [email protected]
Ali Maffey CDPHE Darla Hackworth
Colorado Bureau of Investigations (CBI)
[email protected]
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Chief of Police, Erie Police Department Marco Vasquez
JP Burt Kevin Wong Katie Greene Office of National Drug Control Policy (ONDCP)
Colorado Association of Chiefs of Police (CACP) Marijuana Working Group CIAC RM-HIDTA See Department of Justice Priority Metrics Data Document
[email protected]
[email protected] [email protected] [email protected]
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Appendix B: Discovery Process Stakeholder Questions Marijuana Data Discovery and Gap Analysis Stakeholder Interview Guide Questions CONTACT INFORMATION: Name, Title, Department LEADING INDICATORS We will be using the frames for this project of Protecting Kids, Public Safety and Public Health. What would be the key measures you would use to demonstrate progress in each of these areas? LEGISLATIVELY REQUIRED INDICATORS We have identified indicators that have been legislatively required for your agency to collect. Could you tell us what information (related to each of these topics) is currently being collected? Are there any of these legislatively required indicators that cannot be collected? Why? Are you aware of any data quality concerns related to each of these individual data indicators? Do you believe that the information being collected is sufficient to monitor the impact of marijuana legalization? What other types of information should be collected? CURRENT DATA COLLECTION CAPACITY How would you rate your current capacity to collect legislatively required information related to the legalization of marijuana? (e.g., high, medium, low) a. Do you have the appropriate staff to collect the information? b. Do you have the appropriate funding to collect the information? c. Do you have the appropriate information technology to collect the information? What plans are underway (if any) to expand the information that is collected? What additional resources would you need (if any) to expand the collection of information? a. Do you need additional staffing resources? b. Do you need additional funding? c. Do you need additional information technology resources? BUILDING COLORADO DATA COLLECTION CAPACITY Who else is (or should be) collecting information (related to X topic)? a. Federal government b. Local agencies c. Non-government agencies Are some of these sources more reliable (or trustworthy) than others? Are there data quality issues we should be aware of related to any of these data sources? What barriers have an impact on the collection of information related to the legalization of marijuana? a. Are there technical barriers? b. Difficulties accessing information from other agencies, localities...? c. Financial barriers? What actions could help to address these barriers? What are the most important next steps that Colorado should undertake to monitor the impact of marijuana legalization in the frames of Protecting Kids, Public Safety and Public Health? a. Related to strategy and communication b. Related to policy c. Related to budget Are there any additional individuals or groups we should contact?
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Appendix C: Data Gap Analysis C.R.S. 24-33.5-516 – Study Marijuana Implementation Statutory Category
What Do We Have?
What Are We Missing?
Marijuana-Initiated Contacts by Law Enforcement
Some local law enforcement records management systems (new) Colorado State Patrol flagging marijuana incidents (new)
Clear definition of ‘marijuanainitiated contacts’ State-Wide Reporting System Uniform and Consistent Reporting
Marijuana Criminal Arrest Data
Incident and arrest data from NIBRS broken down by race and ethnicity into five levels of marijuana drug offenses
Ability to report amounts of marijuana Incidents and arrests by judicial district
Drug-related suspensions, expulsions, and police referrals
Data for specific marijuana category Law enforcement referrals are inconsistent Varying standards for reporting at the local level Uniform reporting system
Drug Endangered Children - Specifically for Marijuana
Arrest data for ‘reckless endangerment’ TRAILS data
Arrest data not broken down by specific offense Application of the new definition of ‘drug endangered children’ TRAILS does not collect marijuana-specific data
Diversion to Minors
Youth Usage Data (Healthy Kids Colorado Survey / YRBS) Consequences Data in TRAILS though Behavior Health and Child Welfare Juvenile Marijuana Offenses Dept. of Revenue Enforcement Data
NIBRS juvenile offenses are not broken down by specific drug category Ability to understand patterns of diversion to minors from regulated and unregulated market.
Marijuana Related Traffic Accidents
FARS / NHTSA Reports Colorado State Patrol DRE Annual Reports (CDOT) Department of Revenue
Dependent on local law enforcement to report to Dept. of Revenue Comprehensive system to report data broken by down by marijuana Clear standards for testing and reporting marijuana impairment
Out-of-State Diversion
Federal Data EPIC (Seizure Reports) RM – HIDTA Reports
EPIC is a voluntary reporting system Underreporting of data
Comprehensive School Data
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Federal Data Sources
Some local law enforcement record management systems flagging marijuana incidents (where there is a retail presence) Dept. of Revenue Enforcement Data
State-Wide Reporting System Inconsistent or no uniform reporting by victim and by law enforcement
U.S. Postal Service Inspection Data EPIC (Seizure Reports) RM – HIDTA
This is a federal responsibility for data collection EPIC is a voluntary reporting system No data from private carriers (UPS, FedEx, etc.)
ICON
Clear definition of ‘probation data’ for marijuana reporting Specific marijuana-related data Query-capable data system
Data on Emergency Room Visits and Poison Control
Hospital E.R. Data Drug Abuse Warning Network (DAWN) Rocky Mountain Poison Control Center All Payer Claims Database ICD9 Codes (New)
DAWN no longer funded and is voluntary Hospital reporting is voluntary Lack of uniform, consistent reporting to Poison Control Consistent use of ICD9 codes
Outdoor Marijuana Cultivation
EPIC DEA U.S. Forest Service Bureau of Land Management National Guard Department of Natural Resources Local Law Enforcement Data
State-Wide Reporting System Federal Data Source
NIBRS / CBI FBI DEA
Federal Data Source with no reporting data set, primarily limited to intelligence gathered in investigations and not public data NIBRS data not broken down by offense
Marijuana Site Operational Crime Statistics
Marijuana Transfer Using Parcel Services
Probation Infractions Related to Marijuana
Organized Crime / Money Laundering
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Health Effects and Patterns of Use 25.1.5-111 – Monitor Health Effects of Marijuana Statutory Category
Marijuana Patterns of Use and Health Effects
Subcategory
What Do We Have?
What Are We Missing?
By County
National Survey on Drug Use and Health – NSDUH (SAMSHA) Youth Risk Behavior Survey (YRBS) Behavioral Risk Factor Surveillance System (BRFSS)
Adults - County-specific data; only state-wide data available
Race / Ethnicity
National Survey on Drug Use and Health – NSDUH (SAMSHA) Youth Risk Behavior Survey (YRBS) Behavioral Risk Factor Surveillance System (BRFSS)
Adults - County-specific data; only state-wide data available
Medical Research
CDPHE – Scientific Advisory Committee
Implementation August 2014
Adverse Health Impacts
CDPHE All Payer Claims Database Hospital Discharge and E.R. Data DACODs data – substance abuse Behavioral Risk Factors Rocky Mountain Poison Control Center
Implementation FY 2014/2015
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Appendix D: Recommendations by Category C.R.S. 24-33.5-516 – Study Marijuana Implementation Category
MarijuanaInitiated Contacts by Law Enforcement
Marijuana Criminal Arrest Data
Comprehensi ve School Data
Drug Endangered Children Specifically
Data Priority
Gaps Today
Recommendations
Clear definition of ‘marijuanainitiated contacts’ State-Wide Reporting System Uniform and Consistent Reporting
We recommend the interpretation of this statute as “related contacts” which may require a statutory change, or strike from collection. The state needs to identify how to best capture this incident data. We would recommend convening law enforcement officials to determine the level of detail required and the most efficient means of capturing these data. This may result in a change to local law enforcement record management systems and CCIS. This is a dependency recommendation for other criminal activities.
High
Ability to report amounts of marijuana. Incidents and arrests by judicial district.
The state needs to identify how to capture and collect amount data. We would recommend convening law enforcement officials to determine the level of detail required and the most efficient means of capturing these data. For judicial district, we recommend challenging this requirement. We would suggest using the CCIS OIR data field which would provide municipal and county information. However, if the state wishes to add judicial district, it would need to be added into CCIS.
High
Data broken for specific marijuana category. Law enforcement referrals are inconsistent Varying standards for reporting at the local level.
We recommend the state change the existing school district reporting to include specific information on marijuana. This will require a modification to the School Finance Act and to require all school districts to capture information. HB 12-1345 implementation should include a marijuana data category.
High
Arrest data not broken down by specific offense Application of the
Primary recommendation in terms of data systems is to modify TRAILS to capture marijuana information. We recommend more statewide
Medium
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new definition of ‘drug endangered children
for Marijuana
TRAILS does not collect marijuanaspecific data.
Diversion to Minors
Marijuana Related Traffic Accidents
High
High
Out-of-State Diversion
High
Marijuana Site Operational
High
communication and convening to educate stakeholders about this terminology. From this work, identification of key questions could be determined which would identify useful data for future collection.
NIBRS’ juvenile offenses are not broken down by specific drug category. Ability to understand patterns of diversion to minors from regulated and unregulated market.
We recommend modification of NIBRS to capture juvenile offenses for marijuana. We recommend longitudinal development of data reporting to determine how overall diversion occurs. We would recommend assessing methods to survey kids. This may include using existing student surveys. Ideally data could be captured by adding elements to these existing surveys. We have identified some of these local surveys but we would recommend a broad inventory be completed across Colorado.
Comprehensive system to report data broken by down by marijuana
We recommend modification of the CDOT FARS to include more consistent use of marijuana drug codes. This includes toxicity reporting as recommended by CACP which would require data reporting modifications by CDPHE. We recommend local law enforcement record management systems and CCIS be modified to include specific marijuana DUID-related data category.
EPIC is a voluntary reporting system Underreporting of data Federal Data Sources (DEA, U.S. Postal Service, RMHIDTA)
State-Wide Reporting System
Our recommendation is for Colorado law enforcement to work with Border States to determine and measure diversion from Colorado. This recommendation may require development of voluntary agreements with Border States to adopt data capture and analysis methods for marijuana to be able to track this diversion activity, best identify patterns and determine trends. We would recommend a time specific study and data analysis of findings from Border States to determine diversion activity and trends. This recommendation is based upon using existing data to assess criminal
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Inconsistent or no uniform reporting by victim and by law enforcement
Crime Statistics
Marijuana Transfer Using Parcel Services
Probation Infractions Related to Marijuana
Data on Emergency Room Visits and Poison Control
Outdoor Marijuana Cultivation
Organized Crime / Money Laundering
related to, within, or near marijuana site operations. The recommendation is to cross reference site (licensing data) with criminal statistics. This recommendation depends upon implementation of the marijuana related incident reporting.
Low
This is a federal responsibility for data collection EPIC is a voluntary reporting system No data on private parcel carriers (UPS, FedEx, etc)
There is no recommendation here as existing data sources are sufficient today.
Low
Clear definition of ‘probation data’ for marijuana reporting. Specific marijuana-related data. Query capable data system.
Assuming the definition of probation is about individuals violating probation through illegal-marijuana activities, there only recommendation is to ensure ICON has marijuana specific data. The recommendations are to continue to improve and refine efforts to collect data through voluntary reporting methods including the BRFSS, All Payer Claims Database, Hospital Discharge and E.R. Data, and Rocky Mountain Poison Control Center data, including requiring hospital provider reporting of youth related marijuana admissions and track this through the All Payer Claim Database. There are potential new data collections tools available beginning in 2015 / 2016 through the National Center for Health Statistics.
High
DAWN no longer funded and is voluntary. Hospital reporting is voluntary.
Medium
State-Wide Reporting System Federal Data Source
There is no recommendation here as existing data sources are federal data.
High
Federal Data Source NIBRS data not broken down by offense.
There is no recommendation here as existing data sources are federal data.
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25.1.5-111 – Monitor Health Effects of Marijuana Statutory Category
Marijuana Patterns of Use and Health Effects
Subcategory
What Are We Missing?
Recommendation
By County
County-specific data, only state-wide data.
Recommendation is to change to health district.
Race / Ethnicity
County-specific data, only state-wide data. Implementation August 2014 Implementation FY 2014/ 2015
No recommendation as these data are available today. No recommendation as these data are available today. We recommend using the following data: BRFSS Survey All Payer Claims Database Hospital Discharge and E.R. Data Rocky Mountain Poison Control Center
Medical Research Adverse Health Impacts
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Appendix E: 2006-2008 Data Capabilities The following table provides detail on marijuana data that is available from the 2006 to 2008 time period.
2006 – 2008 Capabilities
Statutory Category Marijuana-Initiated Contacts by Law Enforcement
No - N/A
Marijuana Criminal Arrest Data
Yes* FBI / CBI ‘Crime in the United States’ – Number and Rates of Arrests, Drug Abuse Violations, and Driving Under the Influence Marijuana or Amount Specific Not by Race / Ethnicity Not by Judicial District http://www2.fbi.gov/ucr/cius2006/arrests/index.html o From the FBI “Crime in the United States” 2006, Drug Abuse Violates in Detail (Sale/Manufacturing and Possession) o DOES distinguish marijuana-related arrests o NOT broken down by state, only by region o NOT broken down by ethnicity/race http://www2.fbi.gov/ucr/cius2006/data/table_69.html o From the FBI “Crime in the United States”, includes Drug Abuse Violations and Driving Under the Influence Arrests by State for 2006 o Not broken down by marijuana http://www2.fbi.gov/ucr/cius2006/data/table_30.html o From the FBI “Crime in the United States” 2006, Includes Number and Rates of Arrests, includes Drug Abuse Violations and Driving Under the Influence o Broken down by region, NOT by state o Not broken down by marijuana
Comprehensive School Data
Yes* CDE Annual Data on Suspensions, Expulsions, Referrals to Law Enforcement, and Other Action Taken Not Marijuana Specific Not School Specific http://www.cde.state.co.us/cdereval/2012-2013sditrenddata o o o
From CDE, Annual Data on Suspensions, Expulsions, Referrals to Law Enforcement, and Other Action Take for Drug Violations Annual State-Level Data from 2003/2004 to 2012/2013 School Years NOT broken down by marijuana
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Drug Endangered Children – Specifically for Marijuana
Yes* SAMSHA Not Marijuana Specific Yes SAMSHA Marijuana Specific, By Age Group and State
Diversion Minors
http://samhsa.gov/data/NSDUH/2k06State/NSDUHsae2006/Exc elTabs/NSDUHsaeTabs2006.pdf o From SAMSHA, Marijuana Use in the Past Year, Marijuana Use in the Past Month, Perceptions of Great Risk of Smoking Marijuana Once a Month, First Use of Marijuana o By Age Group and State, Annual Averages Based on 2005 and 2006 NSDUHs
Yes CDOT Drugged Driving - Marijuana Specific Number of DREs trained FARS Multiple code categories for marijuana
Marijuana Related Traffic Accidents
http://www.coloradodot.info/programs/alcohol-and-impaireddriving/druggeddriving/assets/DruggedDrivingFactSheet082011 .pdf o Drugged Driving in Colorado Facts for 2007 o Number of DREs in Colorado 2005 – 2010 o http://www.colorado.gov/cs/Satellite/StatePatrolMain/CBON/1251593175672 o DUI/D Stats from Colorado State Patrol, 2004-2008, not broken down by marijuana
Yes El Paso Intelligence Center National Seizure System US Postal Service RM – HIDTA
Out-of-State Diversion
N/A – No
Marijuana Site Operational Crime Statistics
Yes El Paso Intelligence Center National Seizure System U.S. Postal Inspection Services RM–HIDTA
Marijuana Transfer Using Parcel Services
Probation Infractions Related to Marijuana
Data on Emergency Room Visits and Poison Control
Yes* ICON Not Marijuana Specific Yes* OBH Rocky Mountain Poison Control Not Marijuana Specific Hospital Admission and Discharge Data Not Marijuana Specific
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Outdoor Marijuana Cultivation
Yes* Bureau of Land Management Department of Natural Resources EPIC Seizure Database, voluntary reporting Yes* NIBRS
Organized Crime / Money Laundering
Not Marijuana Specific FBI / CBI Not Marijuana Specific DEA Not Marijuana Specific
*Data is available but has limitations due to category breakdowns.
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Appendix F: “As Is” Data Flows INFORMATION FLOW IDENTIFYING GAPS AND OPPORTUNITIES FOR INFORMATION EXCHANGE WITH INITIAL INTEGRATION/FACILITATION PRIORITIES AS WELL AS OPPORTUNITIES FOR EXPANSION (Information Obtained from Stakeholder Interviews)
25-1.5-110 Monitor changes in drug use patterns, broken down by county and jurisdictional district
25-1.5-110 Monitor emerging science and medical information relevant to the health effects associated with marijuana use
SB 14-215 Report on the effectiveness of the eighteen-month public education and awareness campaign
SB 14-215 For grantee programs, describe strategies, outcomes achieved/ proposed and information relating to program success in reducing or preventing the use of marijuana and alcohol and the misuse of prescription drugs by youth who are twelve to nineteen years of age.
SB 283 Retail Marijuana Public Health Advisory Committee: will be compiling evidence on the health impacts of marijuana related to young children and adolescents, pregnancy/breastfeeding, respiratory and cardiovascular health, injuries and dosage.
Data Sharing with Other Agencies and Organizations
Research and Evaluation
Surveillance
CO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Required Reporting to the Colorado Legislature
25-1.5-110 May collect data that reports adverse health events involving marijuana use from the all-payer claims database, hospital discharge data, and behavioral risk factors Requires interface with CO Hospital Association and CIVHC 24-33.5-516 Reporting by CO Dept of Public Safety Data on emergency room visits related to the use of marijuana and the outcomes of those visits, including information from Colorado poison control center
Requires data sharing with CO Dept of Public Safety OTHER DATA SHARING OPPORTUNITIES Cooperation with CDOT regarding DUID lab testing results from CDPHE certified labs Areas highlighted in green represent data sources that are readily available, relatively complete and specific in terms of indicating marijuana-related patterns
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Marijuana Data Analysis Report
Areas highlighted in yellow represent data sources where data are collected and/or that data sharing agreements are underway, but information regarding marijuana is currently limited (e.g., data may be collected for all drugs without a specific breakdown available for marijuana) Areas highlighted in red represent data sources where data related to marijuana are not currently available or must be obtained through request from another agency source.
DATA EXPANSION The Colorado Department of Public Health and Environment has added marijuanarelated questions to several of its population-based surveillance systems including: The Behavioral Risk Factor Surveillance System which monitors the selfreported health status, disease prevalence and risk behaviors of Colorado’s adults The Pregnancy Risk Assessment Monitoring System which monitors behaviors before, after and during pregnancy The Child Health Survey which monitors behaviors and experiences for young Colorado children between the ages of 1 and 14 years The Healthy Kids Colorado Survey which focuses on middle and high school aged youth The Attitudes and Behavior Survey on Tobacco and Health which monitors self-reported health-related attitudes and behaviors
OTHER DATA OPPORTUNITIES BEING EXPLORED Hospitalization and Emergency Room Visit Data: examining ICD9 coded data from the Colorado Hospital Association to understand potential health impacts of marijuana Poison Control Call Center Data: examining data from the Rocky Mountain Poison Control Center to identify any unusual spikes or trends Sentinel Surveillance of Unintentional Poisonings: developing pilot sentinel surveillance sites Injury Surveillance: adding questions regarding acute marijuana use to the trauma registry. Considering the piloting of injury reporting related to marijuana related to skiing/snow boarding Foodborne Illness Surveillance: marijuana related questions added to food borne illness surveys Birth Defects Surveillance: enhanced surveillance to examine maternal marijuana use DUID/DUI - adding laboratory data on blood samples tested for DUI and DUID to improve reporting for marijuana related traffic accidents. CDPHE has requested funding to increase data collection capacity through the laboratory system as the agency does not currently have the infrastructure to collect systematically the toxicity levels in blood analyzed by contracted laboratories Purpose | People | Potential | Transform 59
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
Purpose | People | Potential | Transform 60
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
INFORMATION FLOW IDENTIFYING GAPS AND OPPORTUNITIES FOR INFORMATION EXCHANGE WITH INITIAL INTEGRATION/FACILITATION PRIORITIES AS WELL AS OPPORTUNITIES FOR EXPANSION (Information Obtained from Stakeholder Interviews)
Program Monitoring and Reporting
CO DEPARTMENT OF HUMAN SERVICES State Data Collection related to Behavioral Health and Substance Abuse CCAR DACODS (CO Client (Drug/Alcohol Assessment Coordinated Record) Data System)
Mental Health Centers
Drug Abuse Treatment Programs
Current use of marijuana is a checkbox (Yes/No) Questions related to impairment do not specify connection to specific drugs
Options are included for primary, secondary and tertiary drug type and use in the past 30 days including marijuana
State Data Collection related to Child Welfare and Youth Corrections TRAILS (CO’s Automated Case Management System)
County Child Welfare Agencies
State Youth JD-Based Corrections SB94 Facilities Agencies (n=2)
Risk profiling focuses on substance abuse generically
Use the CCAR Use the SUS1A (Substance Abuse Assessment)
Currently no substance abuse assessments in use
Legislative Reporting 24-33.5516 Reporting by CO Dept of Public Safety
Data related to drugendangered children, specifically for marijuana Requires data sharing with CO Dept of Public Safety
Areas highlighted in green represent data sources that are readily available, relatively complete and specific in terms of indicating marijuana-related patterns Areas highlighted in yellow represent data sources where data are collected and/or that data sharing agreements are underway, but information regarding marijuana is currently limited (e.g., data may be collected for all drugs without a specific breakdown available for marijuana) Areas highlighted in red represent data sources where data related to marijuana are not currently available or must be obtained through request from another agency source. DATA CHALLENGES Behavioral Health Mental Health Centers collect information on whether or not clients are currently using marijuana but this is just a checkbox option. Purpose | People | Potential | Transform 61
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Marijuana Data Analysis Report
Child Welfare Child Welfare agencies collect information for child welfare cases that focuses generically on: 1) substance abuse/ neglect by parent and/or 2) substance abuse by the youth and/ or 3) drug exposed infant. Specific types of drugs involved not always identified in TRAILS. Able to identify the number of child abuse and referrals or child fatalities related to substance abuse, but data system does not break it down by drug type. Department of Youth Corrections The State Youth Corrections Facilities use the CCAR (for behavioral health assessments), the SUS1A (for substance abuse assessments), and the Adolescent Self-Assessment Profile (ASAP) assessment tool. While the three Prevention, Intervention, or Treatment (PIT) levels are recorded in TRAILS, item-level results are not entered into TRAILS (hard copies kept in youth files). o “Drug of Choice” data is available in Trails for youth with “T” level substance abuse treatment needs. This data dates back to August 31, 2005, and allows DYC to sort by substance. o To truly measure the impact of marijuana legalization, DYC would minimally need to monitor “Drug of Choice” data for several years (3-5). DYC staff record Drug/Alcohol (DA) treatment plans and services youth receive into TRAILS when youth are in state-operated facilities and on parole. DA services and service detail are entered as sessions into TRAILS, and can be counted/ measured. However, limitations include session-type variations. Other limitations include measuring treatment service duration, frequency, and dosage. DSM diagnoses are recorded in TRAILS, which contain “cannabis” disorders and “poly drug use” disorders. The Division has attempted to analyze this data in the past, and has faced data validity and reliability issues. No substance abuse assessments are currently administered within the JDbased SB94 agencies. DATA EXPANSION OPPORTUNITIES Funding to implement a consistent and uniform substance abuse screening and assessment process and instrument across the Colorado juvenile justice system. This would include staff training and infrastructure building and would allow for item-level data for both the Substance Use Survey (SUS-1a) and the Adolescent Self-Assessment Profile (ASAP) assessments. An opportunity for a more robust “level-system” to replace the 3 PIT levels, in relation to substance abuse treatment. The adult system uses a 7-tier categorization. Important for Office of Behavioral Health to understand attitudes within communities and perceived risks but the infrastructure currently doesn't exist. Would want to focus on availability and access, how easy is it to get, and how this relates to substance abuse treatment trends.
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Marijuana Data Analysis Report
Discussions are underway to report on the manner in which local Youth Corrections agencies (under the SB94 program) will report the expenditure of state dollars allocated under the Marijuana Tax (SB 215) program for marijuana-related programming.
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Marijuana Data Analysis Report
INFORMATION FLOW IDENTIFYING GAPS AND OPPORTUNITIES FOR INFORMATION EXCHANGE WITH INITIAL INTEGRATION/FACILITATION PRIORITIES AS WELL AS OPPORTUNITIES FOR EXPANSION
(Information Obtained from Stakeholder Interviews)
CO DEPARTMENT OF EDUCATION Program Monitoring
SB 14-215
Report on: (a) the number of school health professionals hired using grant moneys; (b) a list and explanation of the services provided using grant moneys; and (c) any additional information that the state board, by rule, may require.
Data Sharing with Other Agencies
24-33.5-516. Study marijuana implementation Statewide school data, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories Individual school data, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories
Data Sharing with Other Agencies
Legislatively Mandated Reporting HB 12-1345 Statute 22-32-109.1 - Safe Schools Act. School Reports SectionLaw enforcement agencies report to Division of Criminal Justice the number of students investigated and type of offense, number of students arrested and type of offense, number of summons issued, and the age, gender, school, race, ethnicity of student District Attorneys report to Division of Criminal Justice the number of school cases, type of offense, disposition of the case, and the age, gender, school, race, ethnicity of student District attorney shall report to the extent practicable the number of cases referred by law enforcement that were not filed in court, and the number of cases and types of offenses referred to juvenile diversion program Division of Criminal Justice shall provide data collected to public upon request
Requires data sharing with CO Dept of Public Safety
Local Data Reporting
LOCAL DATA REPORTING
For each school year, local districts report to the Colorado Department of Education on the number of suspensions and expulsion by type of Incident and by the race/ethnicity and gender of students involved. Drug offenses are not broken down by drug category, or specifically for marijuana. Because a student could be suspended more than one time in a school year or could be suspended and later expelled, data reporting reflect the number of students by incident. Unduplicated counts of students are also tracked.
Areas highlighted in green represent data sources that are readily available, relatively complete and specific in terms of indicating marijuana-related patterns Areas highlighted in yellow represent data sources where data are collected and/or that data sharing agreements are underway, but information regarding marijuana is currently limited (e.g., data may be collected for all drugs without a specific breakdown available for marijuana)
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Marijuana Data Analysis Report
Areas highlighted in red represent data sources where data related to marijuana are not currently available or must be obtained through request from another agency source. DATA EXPANSION OPPORTUNITIES (based on stakeholder interviews) School districts currently report Information on student suspensions/expulsions only generically for all drugs at the current time. Local districts have discretion in determining the criteria for suspensions/expulsions. The Colorado Department of Education believes that it will need to have legislation to amend the statute to require that districts differentiate the type of drug resulting in the suspension/expulsion as part of their mandated reporting. The Colorado Department of Education is aware of challenges that unfunded mandates create for school district reporting. If the reporting is voluntary, it tends to be underreported and could potentially entail quality problems. Having a statute mandating reporting would assure that the reporting is more complete. One caution relates to the concern that school district personnel may not have the knowledge to properly identify drug type in use. Reporting under SB 12-046 is inconsistent and incomplete. No funding is available to support this reporting system. School Resource Officers/local law enforcement can submit raw data to the Colorado Department of Criminal Justice, which may or may not include drug category, or can use the online DCJ form which does request drug category, broken down by marijuana. This information is submitted to the Colorado Department of Criminal Justice but has not been analyzed. This legislation is set up for a review in 2016. For the data reporting to be efficient and reliable, funding will be required for training, professional development and infrastructure development costs.
Purpose | People | Potential | Transform 65
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
INFORMATION FLOW IDENTIFYING GAPS AND OPPORTUNITIES FOR INFORMATION EXCHANGE WITH INITIAL INTEGRATION/FACILITATION PRIORITIES AS WELL AS OPPORTUNITIES FOR EXPANSION
(Information Obtained from Stakeholder Interviews) Legislatively Mandated Reporting 24-33.5-516 Reporting of traffic fatalities related to being under the influence of marijuana (reported by local law enforcement through CDOT into the Federal Fatality Analysis Reporting System – FARS)
Requires data sharing with CO Dept of Public Safety
Data Sharing
Program Reporting
CO DEPARTMENT OF TRANSPORTATION Traffic accidents and serious injuries related to being under the influence of marijuana
Requires data sharing with CO Dept of Public Safety Title 42, Article 4, Part 13, C.R.S.
Evaluations of alcohol and drug convictions (including those that are marijuana related) shared with the CO Department of Human Services Alcohol and Drug Driving Safety (ADDS) education and treatment services are provided to those arrested, convicted of or receiving deferred prosecutions, sentences, or judgments for alcohol/other drug offenses related to driving LOCAL DATA REPORTING Traffic accidents and serious injuries related to being under the influence of marijuana Tracking of Citations for Driving Under the Influence of Drugs (DUID)
Areas highlighted in green represent data sources that are readily available, relatively complete and specific in terms of indicating marijuana-related patterns Areas highlighted in yellow represent data sources where data are collected and/or that data sharing agreements are underway, but information regarding marijuana is currently limited (e.g., data may be collected for all drugs without a specific breakdown available for marijuana) Areas highlighted in red represent data sources where data related to marijuana are not currently available or must be obtained through request from another agency source.
Purpose | People | Potential | Transform 66
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
Purpose | People | Potential | Transform 67
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
DATA COLLECTION CAPACITY The Federal Fatality Analysis Reporting System (FARS) collects information on: Drivers tested for drugs with a positive drug test Fatalities involving a “drugged” driver Drivers with cannabis only The Colorado Department of Human Services tracks information on the numbers of Coloradans who receive Alcohol and Drug Driving Safety (ADDS) education and treatment services as a result of a driving under the influence of drugs conviction. Collection of information related to “driving under the influence of drugs” is limited by: 1) lack of training by law enforcement officers to recognize and test for the presence of drugs including marijuana, and using appropriate coding to indicate marijuana involved, 2) a deference to testing for driving under the influence of alcohol which is easier to establish and subsequently to prosecute DATA EXPANSION OPPORTUNITIES The Colorado Association of Chiefs of Police (CACP) are concerned that marijuana use will adversely affect traffic safety and is concerned for the safety of the motoring public and passengers as it pertains to driving under the influence of drugs. Both the CACP and the Colorado Task Force on Drunk and Impaired Driving (CTFDID) endorse expanding the number of law enforcement officers who have been trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) as well as Drug Recognition Experts (DRE) to identify drivers impaired by drugs. The CTFDD supports statutory changes that would allow for Colorado law enforcement officers to utilize additional preliminary testing of drug involvement by suspected DUID drivers. This technology would assist in the detection and reduction of DUID drivers in Colorado. CACP requests funding for the purchase of oral fluid testing equipment for local agencies to test the effectiveness of this technology in determining if drivers are under the influence of marijuana or other legal and illegal drugs. Training on the use of this equipment should also be funded. CACP supports legislation or changes in current law to enhance the seriousness of offenses when drivers are found to be impaired by alcohol and marijuana and/or other drugs. The CTFDD supports the creation of new statistical tracking to properly document the number of DUI and DUID arrests. This would include the ability to distinguish different types of drug categories in DUID arrests. The CTFDD supports increasing the number of statewide safety and prevention programs.
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Marijuana Data Analysis Report
INFORMATION FLOW IDENTIFYING GAPS AND OPPORTUNITIES FOR INFORMATION EXCHANGE WITH INITIAL INTEGRATION/FACILITATION PRIORITIES AS WELL AS OPPORTUNITIES FOR EXPANSION
(Information Obtained from Stakeholder Interviews)
CO DEPARTMENT PUBLIC SAFETY Legislatively Mandated Reporting 24-33.5-516. Study marijuana implementation
Report on: (a) Marijuana-initiated contacts by race, ethnicity and judicial district (b) Marijuana arrests by race, ethnicity and judicial district (c) Drug Endangered children (d) Diversion to those under the age of 21
Report on: (a) Diversion of marijuana out of Colorado (b) Crime occurring in and relating to the operation of marijuana establishments (c) The role of organized crime in marijuana Data Source: FBI, DEA and NIBRS
(b) Data Sharing with Other Agencies
Statewide school data, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories Individual school data, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories Requires data sharing with CO Dept of Education Report on: Traffic accidents, including fatalities and serious injuries related to being under the influence of marijuana
Federal Data Reporting
Data Sources: NIBRS/ Colorado State Patrol
Report on: Utilization of parcel services for the transfer of marijuana Data Source: US Postal Inspection
Data Sources: Colorado State Patrol/ CDOT/FARS
Report on: Data on emergency room visits related to the use of marijuana and the outcomes of those visits, including information from Colorado poison control center Data Sources: CDPHE
Report on: Probation Data Data Source: ICON
LOCAL DATA REPORTING Local arrest data is reported into CBI which feeds data to Public Safety and FBI (NIBRS) which is then shared upon request with Public Safety. Arrest data for Colorado State Patrol needs to be requested by Public Safety. FARs data comes from two places – Colorado State Patrol or local law enforcement to the Department of Revenue/ Department of Transportation into FARs. Drug seizure data also comes from local law enforcement and is also voluntary reporting to federal system(s), including EPIC.
Areas highlighted in green represent data sources that are readily available, relatively complete and specific in terms of indicating marijuana-related patterns Purpose | People | Potential | Transform 69
915 South Pearl Street | Denver, Colorado 80209 | www.rebound-solutions.com
Marijuana Data Analysis Report
Areas highlighted in yellow represent data sources where data are collected and/or that data sharing agreements are underway, but information regarding marijuana is currently limited (e.g., data may be collected for all drugs without a specific breakdown available for marijuana) Areas highlighted in red represent data sources where data related to marijuana are not currently available or must be obtained through request from another agency source. DATA EXPANSION OPPORTUNITIES (based on stakeholder interviews)
Purpose | People | Potential | Transform 70
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Marijuana Data Analysis Report
Appendix G: ONDCP Performance Management Guidelines Released July 2014 National Drug Control Strategy, Performance Reporting System (PRS) http://www.whitehouse.gov/sites/default/files/ondcp/policy-andresearch/prs_2014.pdf Measure 7.3: Increase Federal data sets that establish feedback mechanisms to measure usefulness (surveys, focus groups, etc.) A key approach to improving the usefulness of data for both Federal partners and the public is receiving feedback from data users. This information can be helpful in enhancing websites, data formats, data reports, etc. Feedback mechanisms can also take a variety of forms, including online surveys, conferences, or contact information on agency websites. For this measure SAMHSA sought to hold a data users conference by 2015.The target was exceeded for this measure. In August 2012, the agency held its first Behavioral Health Data Users Conference. The Conference provided overviews of what types of data are available and trained attendees on how to access and analyze data. Beyond the measures discussed previously, the Strategy outlines a series of actions focused on sustaining and enhancing existing Federal data systems, developing and implementing new data systems and analytical methods to address gaps, developing data on drug use and its consequences that are useful at the community level, and improving data on drugged driving. Progress has been made in all of these areas. The DAWN emergency department data system was discontinued at the end of 2011.Efforts are underway to transition data collection from SAMHSA to the newly consolidated National Hospital Care Survey by the National Center for Health Statistics. SAMHSA and NCHS are working together on a range of issues including, pretesting a revised data collection approach, recruiting the required number of hospitals, conducting secondary sampling of emergency department visits, and identifying potential data outcomes to address research questions. With growing public health concerns surrounding prescription drug abuse, particular emphasis will be placed on this area. For the NSDUH, a re-design is planned for 2015 to incorporate updates to the methodology and to improve its ability to provide estimates of emerging drug problems, especially prescription drug abuse. The Drug and Alcohol Services Information System provides valuable information on treatment facilities and client outcomes; work is ongoing to ensure the continuing viability of the system. Assessing the price and purity of illicit street drugs provides essential information for understanding the economics of the drug market. DEA is working to enhance its systems for managing and tracking forensic analyses. Information on the criminal justice population is also important for informing policies and programs. Efforts are underway to strengthen drug information systems focused on arrestees and incarcerated Individuals. Efforts have also been taken to develop new data systems and analytical methods to address knowledge gaps. This includes the transitioning of the Federal-wide Drug Seizure System (FDSS) to the National Seizure System (NSS) and the transitioning of DAWN to the SAMHSA Emergency Department Surveillance System to monitor drug-related emergency department visits. Several agencies have also sought to enhance a range of data sources that can inform a better understanding of global illicit drug markets, including more accurately, rapidly, and transparently estimating the cultivation and yield of marijuana, opium, and coca globally.
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Marijuana Data Analysis Report
As drug use and its consequences vary considerably among localities, developing data that are useful at the community level will be helpful in both understanding local problems and identifying approaches to mitigate the harm to both public health and public safety. SAMHSA is currently working to develop a community early warning and monitoring system to track substance use and problem indicators at the local level. And finally, expanding understanding of patterns and risks associated with drugged driving will support better public safety efforts. ONDCP has partnered with National Highway Traffic Safety Administration and the National Institute on Drug Abuse to support driver simulator research to examine driving impairment as a result of marijuana and combined marijuana and alcohol use and correlate it with the results of oral fluid testing to identify behavioral indicators of impairment.
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