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A few weeks back, the state legislature heard some testimony regarding the new DUI provisions enacted into law with the passage of I-502. These provisions were the most controversial aspect of the initiative among traditional drug law reformers, but throughout the entire campaign, there were very few actual numbers around to convey what the actual risk was.

For instance, how easy is it to be at the 5ng/ml limit? How long do people usually stay there? Is it an accurate measure of impairment? There have been a few studies on this, but far from any kind of consensus.

Also, how many people get marijuana DUI’s already? How many more are likely to get them now that prosecutions could be easier to obtain under I-502?

From the Seattle Times, here was what we learned about the latter set of questions from the testimony:

There has been no jump in “green DUIs,” said the Washington State Patrol’s toxicologist, Dr. Fiona Couper, at the hearing in Olympia Wednesday of the House Public Safety Committee. Seattle DUI attorney Patricia Fulton reported “absolutely no effect” in her defense practice.

This runs contrary to what other DUI attorneys have been saying.

A Seattle attorney whose practice consists solely of medical marijuana cases said more people are coming to him for help fighting charges of driving under the influence of marijuana, even before the new limit took effect.

“I’m seeing one to two a month and have been for a year,” attorney Aaron Pelley said. “Prior to that, I didn’t see really any.”

Pelley believes state patrol officers had been ramping up their enforcement of “green DUIs” in anticipation of the passage of I-502, the law making possession of up to an ounce of marijuana legal. And, now that it’s on the books, he suspects there’s been a “huge spike of number of people being tested.”

What’s the truth here? My guess is that Pelley, who’s been outspoken publicly about the DUI provisions, is generating more business for himself as a result, not that there are more people getting nailed.

So there isn’t much evidence the worst case scenarios are taking root, there’s still a concern with the basic effects of the new law:

Blood testing is not new and not done casually. It’s done at a medical center, and takes money and time. Couper said 1,000 to 1,100 drivers were tested last year statewide, with the median result slightly below 5 nanograms. About one-third also tested positive for alcohol.

If those numbers stay constant in 2013, it would mean that about 500 people tested for marijuana will have a much harder time defending themselves in court against a DUI charge than before I-502 became law. It’s possible that many of these are egregious cases where the DUI is deserved. But it’s also possible that many of them involve innocent medical marijuana patients being harassed. At this point, without more specific numbers, it’s not clear how much of each case we’re dealing with. And assurances from the police that they’ll only go after impaired folks requires a lot of skepticism given the history of DUI enforcement. What’s promising is that this issue has been generating a lot of media attention and that we’ll hopefully be able to highlight any cases where people get trapped in a truly unfair prosecution.

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Going back to the first set of questions above, how much is 5ng/ml, and what level of impairment does that really imply? Kiro7 recently aired an investigative report where they took 3 volunteers, had them smoke a popular and potent strain of marijuana, and let them drive around on a closed course. The video is here:

There are a couple of takeaways from this, but the main one is that even at 4, 5, and 7 times the new 5ng/ml legal limit, these volunteers drove fine. This was after consuming .3g. Of course, once they started smoking more than what people normally smoke in a sitting, their abilities tailed off.

Another key point is that even after these volunteers smoked themselves silly on nearly a gram of high quality marijuana and were driving like complete idiots, they all knew full well they were too stoned to drive (even the medical marijuana patient who was a heavy user). This is one of the main differences between alcohol and pot. People who drink too much alcohol become uninhibited along with their impairment, while marijuana users often become timid and cautious (although it was interesting to see that the medical marijuana user was a bit of an exception once they let her get behind the wheel). This is why alcohol-related reckless driving deaths are a frequent occurrence while it’s difficult to find too many instances of them with stoned drivers, even though impairment can occur from the over-consumption of each drug. People who are too stoned to drive often become reluctant to do it, and even if they do, they tend to drive really slow. People who are too drunk to drive often disregard the risks and drive very aggressively.

I’ve written in the past (sadly, the old Reload site is retired) about my own history with marijuana and driving, but didn’t discuss it much during the DUI debates of the I-502 campaign. My main reluctance has always been that it’s a difficult subject that generates mostly gut-level responses that don’t get us anywhere. This exercise provides enough data and visual evidence to at least begin discussing it rationally.

To recap, in my mid-20s for about 2 years, I smoked a small amount of pot at the beginning of nearly every drive I took (except for morning commutes, of course). There were two reasons for this. One, I was doing the hellish 520 commute from Seattle to my job at Microsoft and basically inched home at 2mph every day. And two, I’m a naturally fast driver and I found that pot would make me calmer and more relaxed as I drove. By that point, I’d already gotten somewhere around 7 or 8 speeding tickets in my life and was sick and tired of getting pulled over. Taking a hit off of a one-hitter made it far easier for me to obey the speed limits. In those two years, I was never pulled over for speeding – or for anything else – while stoned.

A one-hitter is a small smoking pipe, often made to look like a cigarette. Compared to what the volunteers in the Kiro7 experiment initially consumed, it probably only held about 1/3 of that, maybe .1g. I’d been wondering if the small amounts I was consuming in those days would even put me over the 5ng/ml limit. Looking at the data shown in the video, it probably was, but maybe not by a lot and probably for not very long.

From a safety standpoint, how safe this was is a matter of perspective and an interesting paradox. I always recognized two drawbacks to this. One, my navigational skills declined somewhat, so in the rare case where I was going somewhere new and was concerned I might get lost, I wouldn’t smoke. Two, my ability to react quickly and intelligently in the face of an emergency was also lessened. Thankfully, this never happened.

But to the outside observer, I was clearly a safer driver when I was stoned. Instead of being the guy weaving through traffic at 80 on I-5, I became the guy driving 55-60 in the right lane listening to some Percy Hill with a big fucking smile on my face. In my normal sober driving mode, I know I can drive safely at those high speeds, but to other drivers, I probably scare the shit out of some of them. And I draw the attention of the police, who like to give me very expensive speeding tickets.

After two years of this, I finally said “fuck it”, sold my car, and started taking public transportation for a little over 7 years. In 2010, after moving out to the suburbs, I once again have a car, but no longer smoke pot, so I have a radar detector in my Prius as I once again weave through rush hour traffic on I-5.

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The rationale behind the inclusion of DUI language in I-502 was always clear, even if the result in Colorado showed that it probably wasn’t necessary to win at the ballot box. But the political implications of having drug law reformers concede too much on this point continue to worry me. Other states are considering and even implementing proposals far worse than what we ended up with here. And when there’s an unchallenged notion that stoned driving and drunk driving are the same, it’s difficult to avoid any of these outcomes.

The point of my story wasn’t to argue that stoned driving is good or bad, but to recognize that the issue is a lot more complicated than many people initially assume. From a regulatory standpoint, doing things that have worked or been accepted for drunk driving may not be the correct approach at all for stoned driving.

– I’m a metacommentary aficionado, and this piece on David Brooks is one of the best.

– Seriously, fuck the Yellow Pages.

– Tacoma’s libraries are now lending a hand to help the food banks get back on solid ground. Librarians wanted to hold a food drive, but figured they would get more goods by forgiving overdue fines in exchange for food donations.

– Seattle is going to start taking Chicago’s bikers and the jobs that come with them.

– It’s somehow comforting to know that Washington isn’t the only state with Godawful legislators.

– Taking lefty radio off the air in Seattle and replacing it with sports talk in an already saturated sports talk market isn’t working. Switch back to lefty talk. Although this time, maybe get some local people.

– Good to know the GOP are opposed to authoritarianism.

– I enjoy biking in the snow, but I’m glad we didn’t get a chance to West of the Cascades.

Due to my shameful 2-11 record in fantasy football this season, I welcomed the league to my house on Sunday for the game (it’s been a tradition for the last place finisher to host the Super Bowl every year). Our league started 15 years ago with a bunch of recently-transplanted Boeing engineers straight out of college. Most of us have left the company or been laid off, but a few of the original crew are still at the company. In talking to one of them this weekend, it’s clear that the battery problems with the 787 are a serious headache for Boeing, but many of the problems with the 787 were things that a lot of folks (even going back to when I was there and it was still the 7E7) were fully anticipating. And it sounds like some are starting to voice that a little more.

I left the company in 2000, but even prior to that, the vision of a global outsourcing model to build the next big Boeing plane had already been articulated. Some of the older folks in my group (I was a flight control test engineer) were nervous. Others were beyond nervous and predicting doom. One of them fired off a long, angry email to the all-company email list. He was reprimanded, but not fired. I’d love to read that email today, as I’d expect it would be like reading the scrolls of Nostradamus.

Outsourcing has occurred in a lot of different work environments. And in some of them, it’s arguably achieved its objectives – lower production costs with equal or near-equal production. But within the tech world, nearly all the attempts at outsourcing I’ve seen have been disasters. I’m not talking about just tech support or research or some specialized one-off skill, I’m talking about efforts to design, build, and test a large-scale development project with different project groups located around the globe. The logistical difficulties and communication issues involved quickly overwhelm your ability to move at the pace you need to move at.

Let me give a simple example more related to the world I currently inhabit, the world of software services and big data. This’ll be familiar to more people than the innards of a jumbo jet, but I promise I’ll get back to Boeing afterwards.

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This Tuesday, Governor Inslee and Attorney General Ferguson will meet with U.S. Attorney General Eric Holder to discuss the implementation of the state’s new marijuana regulations. According to Inslee’s communications director, David Postman, Inslee requested the meeting.

A good part of this news I’m enthusiastic about. Despite not being a supporter of I-502 during the campaign, Inslee appears to be keeping his word about supporting its implementation, part of which could involve some butting of heads with the Obama Administration. Inslee has a certain amount of leverage right now to get things started. He’s a Democratic governor in a state that just overwhelmingly voted to bring about this change.

Also, with Eric Holder staying on the job in Obama’s second term, it’ll be easier for Inslee to come to an understanding that won’t be swept under the rug by someone else coming in. Maybe I’m being too optimistic about that considering what happened with Obama’s promises regarding medical marijuana in his first term, but it’s worth noting that states that had more thorough statewide medical marijuana regulations (like Colorado, New Mexico, and New Jersey) didn’t have as much interference as states that didn’t (like California and Montana).

Regulated marijuana sales to all adults are certainly another level of defiance against federal prohibition, and the Obama Administration has yet to make any kind of statement about respecting statewide laws like I-502 that they previously did with medical marijuana laws (and then didn’t quite keep). But the country has transformed quite a bit since medical marijuana laws started becoming a reality in the 90s. When even the Drug Czar is forced to acknowledge the changed landscape, we’re in uncharted territory.

If Inslee and Ferguson can get a promise (even if it’s a private one) from Holder that they’ll respect the implementation of I-502, that’ll be an even more significant sign of how much things have changed. I-502 was set up with this in mind, including a number of provisions meant to placate the fears of feds (requiring facilities to be 1000 ft from schools and parks, FBI background checks for licensees, per se DUI language). That may be enough for the Administration to take that next leap.

But it may not. It’s also possible that Holder will dig in his heels for the drug war establishment and tell Inslee to put the brakes on I-502’s implementation or to expect enforcement actions or a lawsuit. I’d hope that Inslee would be able to explain how politically unwise this is, but it’s not clear where his thinking (or the Administration’s) is on all this. All of this is now happening in the shadow of the larger battle over gun control, and the optics of overriding a law like I-502 in the midst of that could make for some unusual alliances.

We’ll find out something on Tuesday, even if it’s just that the Administration is still not ready to commit to anything. As I’ve mentioned before, this may be the worst outcome, as it casts doubt over the ability of the WSLCB to start regulating this market without the participants later becoming criminals.

– 6,000 speeders can’t be wrong.

– Your birthright is being one person ahead in this line.

– I wouldn’t have guessed the West Seattle Tool Library would be a hit, but clearly it’s doing something right.

– The Onion has the best explanation of our anti-tax moment yet.

– Glenn Beck does something ridiculous; day follows night.

– I’ve linked to the Seattle City Hall weddings for gay couples on the first day it’s available. but here’s some more information.

– It’s better not seeing what’s coming.

– Clearly the Tacoma Druggists is the greatest name for a baseball team ever.

In the Huffington Post, Lucia Graves repeats one of the biggest myths of the entire I-502 campaign:

As voters in Washington state this month legalized marijuana for recreational use, they overrode the concerted lobbying of a conspicuous interest group: The dispensaries that already had the right to sell marijuana for medical use, and who now risk relinquishing that lucrative marketplace to new competitors.

Though one might assume that legalization would be opposed primarily by law enforcement and social conservatives, nearly all of the money donated to fight the ballot measure in Washington came not from such groups but rather from the existing medical marijuana industry, according to state campaign contribution filings.

All things told, the anti-502 forces dabbled in far more fantasy and myth-making than those who supported the initiative. But the idea that the anti-502 crowd was simply a bunch of greedy dispensary owners trying to protect their turf was also a fantasy. As a supporter of the initiative, I mostly bit my tongue throughout the campaign over this point, but now that the vote passed, I feel compelled to kill off this myth once and for all.

The opposition to I-502 from the activist and medical marijuana community had two primary reasons. First, it was a result of various aspects of the bill. The per se DUI provisions were a very big part of that, but so was the lack of home growing and the 1 ounce possession limit. What New Approach Washington (the group behind I-502) saw as necessary regulations to appeal to undecided voters, many activists and medical marijuana patients saw as new open doors for the police to go after medical marijuana patients and even regular users.

The second reason was due to longtime internal divisions in the state’s activist community. When Sensible Washington was trying to get a legalization initiative on the ballot in 2010, an expected source of funding mysteriously dried up at the last minute. At the time, I tried to investigate (this was long before I had any affiliation with the group), but couldn’t get anyone to divulge what happened. The leaders of Sensible Washington blamed Alison Holcomb (who eventually founded New Approach Washington), and since then, there’s been a serious rift in the community between the two groups. If you look at the folks who were most outspoken in opposition to I-502 this year, almost all of them had some affiliation with Sensible Washington. In fact, they even wrote the No on I-502 argument for the voter’s guide.

In her post, Graves writes about how the funding for the opposition came primarily from the medical marijuana community, but that’s only because the opposition received almost no funding at all. The I-502 campaign raised $5.6 million, compared to the opposition’s $16,000. If the medical marijuana dispensaries were in such a lucrative marketplace and needed to guard their turf, they could’ve scared up far more than $16,000.

Beyond that, Graves is simply incorrect when she talks about “dispensaries that already had the right to sell marijuana for medical use”. Dispensaries in Washington state are still technically illegal (thanks to Governor Gregoire’s veto in 2011). It’s only in Seattle and a limited few other places where the authorities have generally looked the other way. In that environment, it’s possible that some folks were making good money, but just about any of those people would stand to benefit far more by becoming a totally above-board dispensary that sold to everyone. If anyone was opposing I-502 because they wanted to keep a system where they were quasi-legal and could only sell to a smaller segment of the population, they’re likely too dumb to stay in business for that long anyway.

Sadly, one of the biggest purveyors of this myth was our friend Dominic Holden from The Stranger. Back in April, he wrote this in the New York Times:

In late February, Dr. Gil Mobley, a physician with a local clinic providing medical-marijuana authorizations, began a campaign called No on I-502, a new name for a group that, before, called itself Patients Against I-502. It anticipates donations from lawyers and doctors, said its treasurer, Anthony Martinelli, and pot dispensaries may also finance a fall volley of television commercials.

Needless to say, the pot dispensaries never did that. There wasn’t a single anti-502 television ad made. And Holden never explained what basis he had for saying that. He never quoted any dispensary operators who opposed it. Nor did he explain what Mobley’s financial motive was. In fact, because I-502 bans home grows for non-patients, Mobley’s clinic will likely see increased profits from folks who still want a doctor to authorize their green thumb to cure whatever ails them. And at no point this year did anyone manage to explain how it made financial sense for the state’s few dispensary operators to oppose I-502.

At the end of Graves’ article, she quotes several dispensary operators who opposed the measure, and they all repeated what has long been known:

Trek Hollnagel, a spokesman for the Conscious Care Cooperative in Northern Seattle, also dismissed the notion that his dispensary fought the measure out of self-interest, saying that while the law does take away some patient “rights” — he again cited the provision on driving — he added it’s a victory to a certain extent, because there will be some form of arrest protection for everybody.

“I would say it’s kind of a mixed emotion,” Hollnagel said.

Hollnagel continued that the new law might be good for business, because it would make patients feel more comfortable about seeking help.

“In my professional opinion I think this will be beneficial for the cannabis industry as far as the dispensaries and all aspects of business go,” he said.

A lot of people don’t want to believe this for one reason or another, but it was the truth. Dispensary operators were somewhat caught between a rock and a hard place. They had customers who vehemently opposed the measure (and who on Facebook tried to identify dispensaries who didn’t oppose it and organize boycotts), but also knew that I-502 would have some pretty serious benefits as well. In the end, most dared not offend their customers. And now that I-502 has passed, a lot of them could potentially make a lot more money in a fully regulated system.

– Political talk radio is a tough business model, but the loss of it in Seattle is tough. Maybe whoever tries to take up the mantle next can air some local content.

– Who would have predicted that Rupert Murdoch tweet horrible things?

– I wish I thought that using this technology to take down a mythic military icon and CIA chief would be startling enough to engender a reevaluation but I don’t.

– This crisis could use more butterscotch pudding.

– Who could have predicted that one of the nastier impeachment managers (and that’s saying something) would be horrible the next time a Democrat was in the White House?

– Unlike Leschi, Quiemuth was never tried or even officially charged with a capital offense, yet he was the first to die for his alleged crimes. After his murder, Quiemuth’s body was buried near Fort Nisqually, but in July 1895, together with Leschi, he was re-interred near the mouth of Muck Creek in a grove of prairie oak.

SlateTV: The GOP’s mad rush to immigration reform.

Ed: Republicans try to reinvent themselves with minority voters.

The Losers Weepers:

• Maddow: Republicans begin their purge.
• Jonathan Mann: Karl Rove goes nuts.
• Ann Telnaes: Mitt blames gifts.
• Sam Seder: Mitt Romney blames loss on Obama’s “gifts.”
• Jon on Bill-O the Clown and the end of Traditional America.
• Thom: The Ryan excuse.
• Maddow: Leaderless…some Republicans learning 2012 lessons better than others
• SlateTV: Romney’s bitter excuses.
• Young Turks: Romney’s postmortem ‘gifts’ excuse.
• Republicans need to stop being the stupid party.
• The boy who couldn’t handle it.
• SlateTV: Secession Petitions of the disgruntled.
• Young Turks: ME GOP Chair, “Hundreds of Black people committed Voter Fraud!!!
• Letterman: Top ten Romney Scapegoats (via Crooks and Liars).
• Sam Seder: Maine G.O.P. chair on “dozens of Blacks” seen voting.
• Lawrence O’Donnell: What the G.O.P. needs from Romney.
• Thom: Mitt Romney couldn’t be Santa
• Buzz60: three signs Republicans haven’t learned from their losses….
• Maddow: Romney’s final insult to the American public.
• Jon: Look who’s still talking!
• Young Turks: the Obama ‘mind control’ conspiracy
• Liberal Viewer: Right wing crazies lost Romney the election.:
• Jon and Kristen Schaal married and single women voting their viginas
• Mitt Romney “explains” his loss (via Slog).

Kimmel: This week in unnecessary censorship.

Sam Seder: So long, Twinkies.

The five funniest campaign videos of 2012.

Thom with more Good, Bad, and Very, Very Ugly.

Mark Fiore: Newly frugal guy!

Young Turks: Rep. Allen West loses election & his grip with reality.

The Petraeus Surge:

• Jon: Never saw it coming
• SlateTV: Wikipedia entry mentions Broadwell-Petraeus affair in January
• Young Turks: Pat Robertson excuses the General.
• ONN: Petraeus is just a start.
• TV fail: All (up) In(my snatch)?!?
• Ann Telnaes: Your privacy.

Monika Eckhart goes to Rep. Cathy McMorris-Rodgers’ Office.

Rush Limbaugh goes all apoplectic over a Twinkie joke petition!

Thom with the Good, the Bad, and the Very, Very Ugly.

Pap and Katrina Vanden Heuvel: Obama should get tough against GOP obstruction.

Super-duper-scandal of All Time:

• SlateTV: McCain snaps at reporter.
• Lawrence O’Donnell: tears into Graham and McCain for hypocrisy on Rice appointment:
• Anderson Cooper whumps Rep. Rohrabacher on Benghazi, “What you’re saying is factually not correct”
• Al Sharpton: What the hell is going on with John McCain??
• Ed: Bitter, hypocrite John McCain wants details, yet skips Benghazi briefing.

White House: West Wing Week.

Lawrence O’Donnell: Rewriting a blatant, malicious FAUX News conspiracy theory

Last week’s Friday Night Multimedia Extravaganza can be found here.

Please join us tonight for a pint and a post-election gloating and celebration at the Seattle Chapter of Drinking Liberally.

We meet every Tuesday at the Montlake Ale House, 2307 24th Avenue E. Starting time is 8:00pm. Some people show up earlier for Dinner.

Can’t make it to Seattle tonight? Check out one of the other DL meetings over the next week. Tonight the Tri-Cities and Vancouver, WA chapters meet. On Wednesday, the Bellingham chapter meets, For Thursday, the Spokane chapter and Drinking Liberally Tacoma meet. And next Monday, the Yakima and Olympia chapters meet.

With 233 chapters of Living Liberally, including fourteen in Washington state, four in Oregon, and three more in Idaho, chances are excellent there’s a chapter that meets near you.

With the passage of I-502, I’m hoping to get back into some more regular blogging here. I’ve waited a long time for this day, and now that it’s here, I want to closely follow how this all plays out. Here are some of the early developments in this new era:

– You’ve probably already seen the news that King and Pierce Counties have dismissed 220 marijuana possession cases. But at the end of that post from Jonathan Martin was another interesting nugget:

Earlier this week, the chief criminal deputy prosecutor in Spokane County, Jack Driscoll, appeared to take a more conservative position. He told the Spokesman-Review that, even after Dec. 6, the only marijuana which was legal to possess was pot sold in the state-licensed stores called for in I-502. Those stores won’t be created for at least a year.

“The only thing that is legal is selling marijuana through those stores,” Driscoll said. “That will be regulated by the state. You can’t under this initiative have an ounce of marijuana that doesn’t come from a state-issued provider. You still can’t have black-market marijuana.”

Looking forward to the first judge who gets to laugh out loud at that argument.

– One of the most interesting things to watch now is the international reaction to what Colorado and Washington voters have done. Especially in Mexico, where over $1,000,000,000/year pours into the pockets of drug gangs from the illegal marijuana trade.

– NCAA student-athletes in both Washington and Colorado still won’t be able to use marijuana, even if they’re over 21. Last year, Pullman police arrested several Washington State basketball players for pot possession. Considering that underage use is still illegal, that’s likely to keep happening.

– Of course, even with the passage of marijuana legalization, reefer madness isn’t going to just disappear. This gem – from the New York Daily News, but featuring a “chemical dependency professional” at Argosy University in Seattle – is about how this initiative will somehow cause Boeing and Microsoft to suck at building planes and software unless the feds intervene. As someone who worked at both companies in my 20s (quite successfully) while also being a regular marijuana consumer, I’m not sure I even know how to start making fun of that. It’s a good reminder that even though initiatives can fix a broken policy, they can’t fix stupid.