
Yesterday, state traffic-safety officials released some alarming-sounding news: In 2014, the year recreational pot stores opened for business in Washington, the number of fatal car crashes involving THC doubled.
And that, of course, is awfulâevery fatal car crash is awful. âThis is particularly affecting young men,â says Shelly Baldwin of the Washington Traffic Safety Commission (WTSC). According to WTSC data, fatal car crashes involving men from age 21 to 25 with THC in their system tripled from six in 2013 to 19 in 2014.
But before we jump to the legalizing-marijuana-means-highway-death conclusions that some headline writers and Republican speechwriters will inevitably exploit, let's take a closer look at the numbers. I want to be very clear: I'm not minimizing the suffering of people who've lost loved ones to car crashes, particularly car crashes involving impaired drivers. But drug-policy reform is a high-stakes game, locally and internationally, so it's important to look at this new data with clear eyes.

Washington, like every other state in the United States, reports its fatal car-crash statistics to the national Fatality Analysis Reporting System (FARS)âa kind of census bureau for traffic-fatality data. While FARS tracks many variables related to fatal crashes (kinds of vehicles, days of the week, ages of people who are killed), it doesnât allow much nuance when it comes to whether marijuana was involved.
âThat database only allows us to answer yes/no about whether marijuana was in the driverâs system or not,â says Baldwin. It doesnât matter whether the driver has a high concentration of THC in her system, indicating she may have recently smoked pot, or some trace remnants of a cannabis metaboliteâsuch as carboxy-THCâwhich can hang around in the body long after the psychoactive effects of marijuana have worn off.
That crude yes/no binary, Baldwin says, âwas no longer adequate to our needs.â So the WTSC went back through state toxicology lab results since 2008 for more granular detailâwhich drivers involved in fatal crashes had THC in their systems (which might indicate impairment) and which drivers had other traces of cannabis (metabolites, non-psychoactive cannabinoids, etc.).
âWe were pretty surprised by the amount, in 2014, of drivers with active THC involved in fatal crashes,â Baldwin says. (There is debate about how much THC has to be in a personâs bloodstream to indicate impairmentâor whether the effects of marijuana can be quantified like they can with alcohol. But weâll get to that in a moment.)

From 2010 to 2013, the number of drivers involved in fatal crashes who also tested positive for THC hovered between 32 and 38, out of around 600 fatal crashes per year, or about 6 percent. In 2014, after Washington legalized marijuana, the number jumped to 75 drivers out of 619, or 12 percent. Hence last weekâs attention-grabbing headlines, like this one from the Oregonian: âFatal Crashes Involving Marijuana Doubled in Washington After Legalization.â
That statement is accurate but might be misleading. Only half of those 2014 drivers had a THC level over five nanograms per milliliter in their bloodâWashingtonâs âper seâ DUI threshold. (In state law, if a driver crosses the per se limit for alcohol or marijuana, sheâs guilty of a DUI, regardless of other factors.) The other half of the group was below the legal limitâsome with just one ng/mlâleaving just 6 percent of drivers involved in fatal 2014 crashes with illegal levels of THC in their systems.
Complicating matters is the five ng/ml limit itself, which is contested by some researchers. âLots of studies out there have discussed what the proper per se value should be,â says Brianna Peterson of the Washington State Patrol toxicology lab. âYou could find a study that supports five, but you could find other studies that suggest other numbers.â
The lack of consensus is partially due to a lack of research (which is why itâs important for the federal government to change marijuanaâs legal statusâwe canât have a robust body of research until scientists have freer access to cannabis). âWe have decades of studies on alcohol and blood-alcohol content and what that means,â Baldwin says. âWe donât have the decades of study yet to equate THC levels with impairment... Itâs impossible to look at THC levels and say, âOh, all these people were driving around stoned.ââ
To complicate matters further: Half of all THC-positive drivers in 2014 also tested positive for alcohol, with a majority above the stateâs .08 blood-alcohol limit. âWe know if you combine alcohol with THC, you really mess with your risk of crashing,â Baldwin says. âAt the .08 level, youâre about seven times more likely to get in a crash.â
So while âfatal crashes involving marijuana doubled in Washington after legalization,â itâs difficult to draw conclusionsâexcept for the obvious one, which is that adults in Washington State now have more ready access to pot.
Nevertheless, Baldwin says, the trend is real. Is that troubling? Yes. Does it mean we should let prohibitionist types use WTSCâs data as an argument against further drug reform? No.







