Boulder enforcement officer reports three suspected DUID arrests and nitrous incidents at Phish concert

At the July 2 meeting the Cannabis Licensing Advisory Board heard the quarterly enforcement report from the cannabis enforcement officer.

The officer reported three suspected driving under the influence of drugs (DUID) arrests over the previous three months and two citations issued to juveniles observed smoking marijuana in public. Staff reported completing “two and a half rounds” of compliance checks with all licensed businesses passing those checks.

When asked about the Phish concert, the enforcement officer said agencies were still compiling tallies but that the principal issues encountered related to selling nitrous oxide (often used recreationally as ‘nitrous’) and helium items rather than prohibited marijuana sales. Board members asked for clarification of DUID procedures: the officer explained suspected DUID cases prompt a Drug Recognition Expert (DRE) evaluation and often require a blood draw to obtain lab‑quantified levels (THC and other panels), noting portable breath tests are not court‑admissible and that odor and other indicators often prompt the DUID investigation.

Member questions asked whether blood quantitative levels are recorded in analyst reports; the officer said analysts might record levels but laboratory results can take time and the data team may need to be queried to retrieve specific numeric levels. The board requested that staff consult data analysts and present an annual enforcement summary at a future meeting including (if available) age breakdowns and blood‑level data where recorded.

No enforcement policy changes were proposed at the meeting; staff and the board noted coordination across agencies for large events remains important and that the lab turnaround time for DUID lab results can delay numeric reporting.