Recreational use marijuana comes to Maryland

Recreational marijuana became legal in my home state of Maryland on July 1, meaning that anyone over the age of 21 can now purchase cannabis flower, pre-rolls, edibles, vaporizers, concentrates, tinctures, plants and other cannabis-containing products legally without a medical marijuana card. Cannabis is now legal for adult (recreational) use in 23 states, three territories, and Washington, D.C.

I drove to several different dispensaries near my office to see who was purchasing the products, and it was a very diverse group of individuals. People lined up to enter the dispensaries well before they opened but the businesses were able to accommodate customers in a timely manner. There was almost a party-like atmosphere at Far and Dotter in Timonium, Md., as customers lined up around the store. Staff members greeted them outside of the store before directing them inside to pick up or purchase products.

At Chesacanna in Cockeysville, Md., they were very careful about whom they let into their retail area. When I identified myself as a reporter, I had an opportunity to speak with the owner, Mark Spartaro, but I was not allowed into their showroom because he said it was only for customers.

I asked how dispensaries were educating their customers, especially new ones. Spartaro said his staff would ask what effect a client was looking for in order to direct them to the proper products. He shared that he found consumers to be fairly well-educated on the subject since many had been using cannabis for years, which he said made for a better experience for them. He also said he expected his clients to visit multiple dispensaries in the area to purchase additional products. Maryland law allows individuals to purchase 1.5 ounces of cannabis flower for their personal use; up to 12 grams of concentrated cannabis, which is used in vape products; or not more than 750 mg. of THC products such as gummies and chews per trip to a dispensary.

While I spoke with Spartaro, a young woman exited the store, raving about how excited she was to be able to purchase cannabis. When I looked somewhat surprised, he said that since I wasn’t a cannabis user, I couldn’t possibly understand what a big deal adult legalization was for his customers.

As a reporter who has covered the cannabis industry from an insurance perspective for more than six years and contributed to the insurance industry’s first cannabis designation, my thoughts about legalization tend to arise from more practical issues such as the number of impaired drivers, more accidents due to driving under the influence, and the commercial risks to cannabis entities.

I reached out to the Baltimore County Police Department to ask them what concerns they had with the increased legalization of marijuana, what tools they could use to identify impaired drivers since they are no longer allowed to use the smell of cannabis as a reason to pull over a driver, and whether or not they expected dispensaries to be robbery targets because of increases in inventory. Via email, they shared the following:

“The largest concern is that there will be an increase in impaired driving incidents up to and including fatal crashes.  There is concern that people will use cannabis products without realizing how it affects them.  Especially with edibles.  There are many people that are used to smoking and how fast it affects you that way.  Then they take edibles and expect the same response.  When they don’t get that immediate response, they may take more.  Edibles take longer to affect a person because of having to be digested.  When people take more edibles than they should, it leads to many adverse conditions including driving impairment.  Many people also don’t realize that the impairing effect from edibles lasts longer than when cannabis is smoked.”

The police department did offer some tips how drivers impaired by cannabis may operate their vehicles. “Signs to look for that may indicate a driver is impaired by cannabis include weaving, drifting, straddling the center line, stopping too late and being in the intersection, varying speed (speeding up and slowing down), driving without headlights at night, driving the wrong way on a road, following too closely, and stopping inappropriately for traffic.

If someone suspects that a driver may be impaired, the safest place to be is behind them.  Call 911and give a description of the vehicle including the license plate number, what road, and what direction the vehicle is going.  Never put yourself in danger to report the impaired driver.  If you feel it isn’t safe, then leave the roadway the impaired driver is on.”

Combining cannabis with alcohol increases risks for drivers as well. According to the Baltimore County police, “ Alcohol is the number one drug that people combine with cannabis. Research shows that small amounts of alcohol (1 or 2 drinks) can greatly enhance the impairment of cannabis.  This research is also confirmed by user-reported experiences of drinking while using cannabis.”

While there are roadside tests to identify drivers under the influence of alcohol, identifying drivers under the influence of cannabis requires specific training. “The best tool that law enforcement has available to them is the Drug Recognition Expert (DRE). Drug Recognition Experts are highly specialized officers that are trained to conduct drug influence evaluations. At the end of the evaluation, the DRE is able to determine what drug or drugs a person is under the influence of with a very high accuracy percentage. At the end of the evaluation, if the DRE determines the impairment is from drugs, including Cannabis, then they ask the driver to submit to a blood test to determine what drugs are in their system. Unless the driver was involved in a fatal or serious personal injury crash, they may refuse the blood test. If they refuse the blood test, the MVA places the same sanctions on their license to drive that applies to drivers impaired by alcohol who refuse a breath test. ”

Currently, there are approximately 100 dispensaries across the state, and early revenue projections are that sales within the adult-use market could generate as much as $600 million in the first year. Maryland charges a 9% sales tax on cannabis products, three percent higher than the standard 6% sales tax for other products and services, but similar to what it charges for alcohol.

The increased availability of cannabis is certain to lead to increased auto accidents. The Insurance Institute for Highway Safety found that auto accidents with injuries increased by 6% following the legalization of marijuana in a state, and that deaths increased by 4%. Marijuana affects a driver’s reaction time and frequently causes them to drive more slowly, which can affect their ability to avoid a sudden accident. Colorado saw the largest jump in accidents (18%) following the start of retail sales, while California saw a more modest 6% increase. Education not only of the different types of cannabis products will be important, but understanding how each product affects an individual and their ability to drive or make decisions underscores the importance of educating new and existing cannabis users.

ALM has created the six-part Cannabis Insurance Coverage Specialist (CICS) designation, which addresses insurance issues surrounding cannabis, risk management, insurance claims, real estate, workers’ compensation and banking. To purchase the designation or individual courses or to learn more, visit www.coveragespecialist.com/CICS or contact Johanna Abshear at jabshear@alm.com. Opinions expressed are the author’s.

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