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Task Force Report on the Implementation of Amendment 64

Task Force Report on the Implementation of Amendment 64

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Published by Medicinal Colorado
The Task Force was charged with finding practical and pragmatic solutions to the
challenges of implementing Amendment 64. The enclosed report offers up our
recommendations, most of which now need to be enacted into law by the Colorado
General Assembly or developed into administrative rules by various state departments.

We fully appreciate that these recommendations will now need to be perfected through the legislative and rulemaking processes and we offer to you the support and expertise of task force members as you need them in the weeks and months ahead.
The Task Force was charged with finding practical and pragmatic solutions to the
challenges of implementing Amendment 64. The enclosed report offers up our
recommendations, most of which now need to be enacted into law by the Colorado
General Assembly or developed into administrative rules by various state departments.

We fully appreciate that these recommendations will now need to be perfected through the legislative and rulemaking processes and we offer to you the support and expertise of task force members as you need them in the weeks and months ahead.

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Published by: Medicinal Colorado on Mar 13, 2013
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03/13/2013

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Guiding Principles:

c. Propose efficient and effective regulation that is clear and reasonable, and not unduly
burdensome
f. Establish tools that are clear and practical, so that the interactions between law
enforcement, consumers, and licensees are predictable and understandable
g. Ensure that our streets, schools, and communities remain safe

Justification:

Amendment 64, Section 16 (1) (b) (III) specifies that, in the interest of health and public safety,
driving under the influence of marijuana shall remain illegal. Under Amendment 64, the
increased availability of marijuana will likely increase the number of users and, consequently,
the number who drive impaired. There is currently no chemical test that can be used in the
field to detect marijuana impairment, so law enforcement officers must be able to quickly and
skillfully recognize the signs of such impairment in drivers who are contacted.

There is presently a lack of standardized training for Colorado law enforcement officers to
recognize drug-impaired drivers. The State of Colorado has implemented standardized field
sobriety tests (SFST) and DUI enforcement training, both of which are geared to detecting
drivers impaired by alcohol. In light of Amendment 64, the standardized training for law

The Task Force recommends that the General Assembly require
Advanced Roadside Impaired Driving Enforcement (ARIDE) training as a
mandatory training element in future Colorado Peace Officer Standards
and Training (POST) certification, and encourage local law enforcement
agencies to have their peace officers trained in ARIDE, to increase and
enhance the ability of law enforcement officers to detect impaired
driving.

ARIDE is a program developed by the National Highway Traffic Safety
Administration (NHTSA) with input from the International Association
of Chiefs of Police (IACP) Technical Advisory Panel (TAP). It was created
to address the gap in training between the Standardized Field Sobriety
Testing (SFST) and the Drug Evaluation and Classification (DEC)
Program.

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Task Force Report on the Implementation of Amendment 64

enforcement officers in Colorado must be augmented to include advanced drug impairment
field testing capacities.

ARIDE is a proven training strategy, currently used in 34 states, for detecting drivers who are
impaired by drugs other than alcohol. This training should be standardized for Colorado law
enforcement officers through its incorporation into both the POST academy-level training and
all in-service training for current peace officers. It will make Colorado law enforcement
officers aware of the types of incidents they are likely to encounter during personal contact
with impaired drivers and during the pre-arrest screening of a driver. ARIDE training for
officers will also be of benefit to prosecutors, judges, juries, and drivers who are contacted
but found not to be impaired.

Implementing Authorities:

Colorado Attorney General, Colorado Department of Public Safety, Local Governments, Local
Law Enforcement Agencies

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Task Force Report on the Implementation of Amendment 64

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