High Risk? Marijuana Legalization and Roadway Safety

Wednesdays with Woodward® Webinar Series

September 22, 2021

Wednesday 1:00 p.m.-2:00 p.m. ET

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Marijuana use has doubled over the past decade as more states have legalized its medical and recreational use. Today cannabis shops are increasingly common in cities and towns across the country – in fact, half of this webinar’s audience reported having a cannabis store in their hometown. So, what does the increase in use and accessibility of marijuana mean for roadway safety? In this installment of Wednesdays with Woodward webinar series, Travelers Institute President Joan Woodward gathered an expert panel including Matt Moore of the Highway Loss Data Institute (HLDI), Christy Thiems of the American Property Casualty Insurance Association (APCIA) and Bill Zielinski of Travelers for an in-depth discussion of the risk the legalization of marijuana poses to our roads.

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Summary

The cultural and legal landscape in 2021 has changed dramatically since medical marijuana use was first approved in California in 1996. Shifting attitudes about its use, as well as legalization for recreational use in 19 states and for medical use in 36 states, have transformed the drug’s image from that of a controlled substance to a more commonplace commodity. The proliferation of cannabis products – from edible options like candies, brownies, and energy drinks, to other options like cannabis plants, oils, supplements and more – parallels a doubling of use rates, a steady increase in the potency of the drug and record-high state or sales tax revenue from marijuana sales.

“There is a broad-based movement to legalize marijuana, but it does remain illegal at the federal level,” said Bill Zielinski, Senior Vice President, Product Management & Analytics, Personal Insurance at Travelers, who kicked off our panel punctuating these trends with some statistics:

  • In 2020, 68% of U.S. residents over the age of 18 supported marijuana legalization, up from 44% in 2009 and 25% in 1979.
  • U.S. residents 12 and over reporting they have used marijuana in the past month doubled from 6% in 2008 to 12% in 2018.
  • Legal marijuana sales in California generated sales tax revenue of $400 million in 2018 and increased to over $1 billion in 2020.

Judging impairment after marijuana use is a challenge for consumers — and law enforcement

Zielinski called legalized marijuana “a very complex product.” As our panel discussed, understanding how the increasing use of marijuana impacts roadway safety starts with a better comprehension of the drug itself.

According to the stats presented by Zielinski, among the estimated 400 to 600 chemical compounds found in marijuana is delta-9-tetrahydrocannabinol, or THC. “That really is the primary psychoactive, or mind-altering, chemical,” added Zielinski. The concentration of THC, based on specimens collected by the Drug Enforcement Administration, has rapidly increased in cannabis products, tripling from 4% in 1998 to 12% in 2014. Potency varies drastically from product to product, and the method of consumption directly correlates to the amount of time it takes for users to feel the effect. For consumers then, the challenge begins in predicting exactly how, when and to what degree taking a marijuana product might impact their ability to drive safely, noted the APCIA’s Christy Thiems.

“Even experienced users have indicated that they’re overwhelmed sometimes … [the edibles] don’t kick in right away, so they eat more and more, and then all of a sudden, it kicks in and they’re too far gone,” remarked Thiems. So, the real danger for roadway safety is that the point at which an individual becomes “too high to drive” – where personal restraint or peer intervention may be necessary – remains unclear. “We find that people still aren’t aware that driving while high is as dangerous as driving drunk or driving while texting,” Thiems added.

Matt Moore of HLDI noted that unlike the relationship between blood alcohol level and driving impairment, the science on the effects of THC is not settled. The lack of a reliable, standardized test to measure THC levels or consensus on what the level of impairment might be is a “big issue with marijuana,” added Moore. He further noted that because THC persists in the blood, “it complicates the testing issue, and it complicates any study that relies on testing because someone can ‘test positive’ and have used the substance days or weeks before.”

For now, Moore contended that our best resource is a drug recognition expert, a police officer trained to identify individuals who might be under the influence of marijuana. Thiems added that personal responsibility is key, that individuals need to know that “it’s never safe to get behind the wheel if you’ve used marijuana in any form.”

Correlating risk between marijuana legalization, collision claims and crashes

Moore further contributed by summarizing the data comparing states where marijuana use is legal, including Colorado, Washington, Nevada and Oregon, relative to those where it remains illegal, including Nebraska, Utah and Wyoming.

He explained that HLDI first looked to insurance data to identify the frequency of collision claims and found a clear indication that from the onset of cannabis legalization, collision claims tend to increase and persist for a considerable period of time thereafter. 

Next, Moore showed how HLDI evaluated Insurance Institute for Highway Safety (IIHS) data on police-reported crashes, isolating those in which injuries had occurred while focusing on fatal collisions. There, too, he noted “an increase in crash risk associated with the legalization of marijuana for recreational use.”

Finally, he presented IIHS’s analysis of emergency room visits comparing a population of drivers who had crashed to a control population who had not.

Moore concluded that even in the absence of a smoking gun, the research “screams that impairment is still a big problem,” adding that “the strength of the conclusion comes from a preponderance of evidence.”

Marijuana legalization and the insurance industry – the road ahead

The implications of marijuana legalization on the insurance industry are different when considering the personal versus commercial insurance.

Zielinski first noted that personal auto insurance policies do cover driving under the influence, whether that’s alcohol, marijuana, or another controlled substance. “We don’t view this issue really any differently than alcohol or drunk driving,” he said. On the commercial side, he added that insurers are most concerned with helping businesses control auto risks. 

Thiems then tackled the complexities that exist for insurance and legal marijuana enterprises. At the federal level, marijuana has a Schedule I classification under the Controlled Substances Act and its use and sale remains illegal, she explained. She also went on to share that there are no federal allowances for medical marijuana, or states where marijuana is legal, and that transmission or transportation of funds known to derive from marijuana distribution are federal crimes.

“If a marijuana dispensary wants to buy insurance, the insurance company is at risk of federal prosecution for what would be considered aiding and abetting a criminal enterprise,” explained Thiems. She then noted that as of September 2021, the SAFE Banking Act (passed twice in the House and currently awaiting approval in the Senate) and the CLAIM Act (introduced in the Senate) could offer some of the first federal protections against prosecution for insurers providing coverage to the legal marijuana industry.

Thiems reiterated that the APCIA is focused on the safety and protection of consumers. Using federal legislation to push through barriers for cannabis research, public education and health studies is “one of the key advocacy points for the APCIA,” she said. She then cited two important provisions in the bipartisan Infrastructure Investment and Jobs Act passed by the U.S. Senate as of September 2021, most notably, encouragement for states to develop public education programs to combat a lack of awareness over the dangers of driving high. She also touched upon provisions in the appropriation bill to support research on the health effects of marijuana, including the development of an impairment standard and support for law enforcement training.

Presented by the Travelers Institute, the Insurance Institute for Highway Safety/Highway Loss Data Institute, the American Property Casualty Insurance Association and the MetroHartford Alliance.

Speakers

Matt Moore
Matt Moore
Senior Vice President, Highway Loss Data Institute

Christy Thiems
Christy Thiems
Senior Director, American Property Casualty Insurance Association (APCIA)

Bill Zielinski headshot
Bill Zielinski
Senior Vice President, Personal Insurance Product

Host

Joan Woodward headshot
Joan Woodward
President, Travelers Institute; Executive Vice President, Public Policy, Travelers


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