By Steve Elliott
During the campaign leading up to the passage of marijuana legalization Initiative 502 in Washington state in 2012, many activists -- this writer included -- expressed grave concerns about the effect of 502's unscientific, arbitrary per-se cutoff point of 5 nanograms per milliliter as a "bright line" beyond which motorists are considered too high to drive. On Tuesday, a Vancouver, Washington marijuana user got a six-month jail sentence, followed by five years of probation, in a case that illustrates exactly why we were worried.
You see, the new definition of stoned driving established by I-502 has nothing to do with impairment, unlike the old law. Before, law enforcement had to prove actual impairment if they wanted to convict motorists of driving under the influence of marijuana, but now, all they need is a test showing marijuana metabolites above 5 ng/ml in the driver's blood. Impairment doesn't even matter anymore in a "driving under the influence" case; we've passed through the looking glass.