Thank you to the committee for the honour to speak today. My name is Marco Vasquez, and I'm a retired police chief in Colorado. My background is over 40 years in Colorado law enforcement, including 32 years with the Denver Police Department. During my time at the Denver Police Department, I spent about 12 years in narcotics enforcement. I retired from Denver in 2008, became the chief of the Sheridan Police Department on the southwest border of Denver, and then was recruited to become the first chief of investigations for the newly created medical marijuana enforcement division in 2011.
I helped set up the regulatory framework for commercial medical marijuana businesses in Colorado, and in 2013, I returned to municipal policing as the chief of police in Erie Police Department, which is about 25 miles north of Denver. When I went back into municipal policing in 2013, I also became the marijuana issues co-chair for the Colorado Association of Chiefs of Police.
Over my past 40 years in law enforcement, my focus has always been on public safety and how to keep our communities safe. I have some experience in the Colorado marijuana legalization experience, having spent two years as the chief of investigations for the MMED and, as I've stated, as the chair for the Colorado Association of Chiefs of Police.
In 2013, the CACP drafted a marijuana position paper, and I'd like to read a bit of that position paper, which was published on March 13, 2014:
Philosophy and Position:
The Colorado Association of Chiefs of Police (CACP) recognizes that Amendment 20 and Amendment 64 of the Colorado Constitution were passed by voters in 2000 and 2012 respectively. The Colorado General Assembly has enacted legislation to legalize the cultivation, distribution, and possession and non-public consumption of small amounts of marijuana and recreational marijuana. In 2013, the Colorado General Assembly enacted legislation which legalized and regulated the commercial, retail cultivation and sale of small amounts of marijuana. The statutes which addressed the medical and recreational marijuana cultivation, sale and possession have been passed by the Colorado General Assembly and signed into law by the Governor. The CACP recognizes that society's views and norms are evolving on the use of marijuana yet we also believe that public safety is also of paramount concern to our residents, businesses and visitors.
It is the position of the Colorado Association of Chiefs of Police that our primary mission and focus of Colorado law enforcement officers represented by the CACP is the prevention and reduction of crime and disorder. Marijuana legalization will negatively impact traffic safety and safety in Colorado communities. The CACP is committed to research and the implementation of practices and strategies which will maintain safety in our communities.
It is recognized that Colorado peace officers have a duty and responsibility to uphold the Colorado Constitution and amendments to that constitution as well as local, state and federal laws.
The conflict between Federal law and State law with regard to marijuana remains a major obstacle and needs to be resolved as soon as possible.
The Colorado Association of Chiefs of Police is concerned that widespread marijuana use has the potential to adversely affect the safety, health and welfare of Colorado residents, businesses and visitors. There are concerns that marijuana use will adversely affect traffic safety on our highways and roadways and that marijuana legalization will result in an increase in marijuana and overall drug use in our schools.
The Colorado Association of Chiefs of Police supports the community education to reduce the use of marijuana by our youth and to highlight the risk of marijuana use to our communities and individuals.
That, again, was a partial reading of a position paper of March 2014. I have served on a number of working groups and committees, including the law enforcement subcommittee for the amendment 64 implementation task force as well as committees on data collection, edibles, and potency. I have talked to numerous stakeholders including business owners, law enforcement, regulators, policy-makers, and I believe I have a good handle on what has happened during Colorado's efforts to legalize marijuana.
I'm honoured to be here today with several experts on marijuana legalization. I am sharing this panel with people who know far more about marijuana legalization than I do, but I can speak to some of the impact and consequences on Colorado law enforcement.
I talk about a simple formula when I describe what is happening in Colorado. When you increase availability, decrease perception of risk, and increase the public acceptance of any commodity, you will see increased use. Once we see that increased use, it's very difficult to keep marijuana out of the hands of our youth. We know from validated studies that marijuana use for youth under 30 years old, especially chronic use, can have an adverse effect on brain development. We also know that one in six youth become addicted to marijuana.
We've certainly seen an increased use of marijuana in Colorado, and I believe that the increased use will ultimately increase disorder and risk factors for our youth. We're already seeing signs of increased disorder within our communities.
Because marijuana legalization in Colorado involves both commercial and non-commercial cultivation, distribution, and use, Colorado law enforcement has had a steep learning curve. Most of our issues have been with the non-commercial, unlicensed marijuana industry in gray and black markets. Andrew Freedman can speak to some of the things that Colorado has done to try to address the unregulated marijuana industry in Colorado.
Some of the issues that we have identified over the last several years that have impacted Colorado law enforcement include the lack of data collection systems to quantify the impact of marijuana legalization and the lack of clarity in the implementation of Colorado amendment 20 and Colorado amendment 64. Regulators and law enforcement still try to understand legislative intent, including the term “open and public”.
Edibles and concentrates were a surprise and have had an adverse impact on public health and safety. High concentrations of THC, in terms of vaping and shatter, are challenging what we know about cannabis. We've had a number of butane hash oil extraction explosions in Colorado.
Colorado remains high in substance abuse, and marijuana legalization has not decreased the use of opioids for pain management. Colorado has the distinction of being number two in the U.S. for opioid abuse.
Detection and prosecution of impaired drivers was and still is an issue. We have a five-nanogram permissive inference standard in Colorado, but marijuana is much different from alcohol, and we do not have the technology to determine THC impairment. There have been increased fatalities involving THC.
Caregiver and co-op cultivations in non-licensed settings have added to the diversion to youth and to out-of-state trafficking. Organized crime elements have moved into Colorado and grow large amounts of marijuana in rental homes and warehouses. Virtually all their marijuana is diverted out of state.
There has been an increase in disorder and crime in Denver in Colorado. We've seen an increase in homelessness, and many of the homeless tell us they are here because of marijuana legalization.
Finally, Colorado law enforcement has seen difficulty in pursuing some criminal charges for behaviour that is clearly illegal. In some jurisdictions we have seen what appears to be jury nullification, and we have found that municipal ordinances have been found to be more effective than state statutes.
A newspaper article just came out, I believe yesterday, in The Washington Post. It talked about chronic marijuana users being on the increase in the United States and said that the number of people who consume daily increased 19% in 2016. Daily users are up 50% from 2002. In Colorado in 2014 the Department of Revenue did a study and determined that 80% of the cannabis being consumed in Colorado is being consumed by 20% of the chronic users.
From a law enforcement and public health standpoint, then, I think that one of our greatest concerns is the chronic user and how that situation ultimately is going to affect us in our traffic safety and safety within our communities.
Thank you.