By KRISTEN WYATT
DENVER
 
Angeline Chilton says she can't drive unless she smokes pot. The suburban Denver woman says she'd never get behind the wheel right after smoking, but she does use medical marijuana twice a day to ease tremors caused by multiple sclerosis that previously left her homebound.

"I don't drink and drive, and I don't smoke and drive," she said. "But my body is completely saturated with THC."

Her case underscores a problem that no one's sure how to solve: How do you tell if someone is too stoned to drive?

States that allow medical marijuana have grappled with determining impairment levels for years. And voters in Colorado and Washington state will decide this fall whether to legalize the drug for recreational use, bringing a new urgency to the issue.

A Denver marijuana advocate says officials are scrambling for limits in part because more drivers acknowledge using the drug.

"The explosion of medical marijuana patients has led to a lot of drivers sticking the (marijuana) card in law enforcement's face, saying, 'You can't do anything to me, I'm legal,'" said Sean McAllister, a lawyer who defends people charged with driving under the influence of marijuana.

It's not that simple. Driving while impaired by any drug is illegal in all states.

But it highlights the challenges law enforcement officers face using old tools to try to fix a new problem. Most convictions for drugged driving now are based on police observations, followed later by a blood test.
Authorities envision a legal threshold for pot that would be comparable to the blood-alcohol standard used to determine drunken driving.

But unlike alcohol, marijuana stays in the blood long after the high wears off a few hours after use, and there is no quick test to determine someone's level of impairment - not that scientists haven't been working on it.

Dr. Marilyn Huestis of the National Institute on Drug Abuse, a government research lab, says that soon there will be a saliva test to detect recent marijuana use.

But government officials say that doesn't address the question of impairment.

"I'll be dead - and so will lots of other people - from old age, before we know the impairment levels" for marijuana and other drugs, said White House drug czar Gil Kerlikowske.

Authorities recognize the need for a solution. Marijuana causes dizziness, slowed reaction time and drivers are more likely to drift and swerve while they're high.

Dr. Bob DuPont, president of the Institute for Behavior and Health, a non-government institute that works to reduce drug abuse, says research proves "the terrible carnage out there on the roads caused by marijuana."
One recent review of several studies of pot smoking and car accidents suggested that driving after smoking marijuana might almost double the risk of being in a serious or fatal crash.

And a recent nationwide census of fatal traffic accidents showed that while deadly crashes have declined in recent years, the percentage of mortally wounded drivers who later tested positive for drugs rose 18 percent between 2005 and 2011.

DuPont, drug czar for Presidents Richard Nixon and Gerald Ford, wrote a paper last year on drugged driving for the Obama administration, which has made the issue a priority.

Physicians say that while many tests can show whether someone has recently used pot, it's more difficult to pinpoint impairment at any certain time.

Urine and blood tests are better at showing whether someone used the drug in the past - which is why employers and probation officers use them. But determining current impairment is far trickier.

"There's no sure answer to that question," said Dr. Guohua Li, a Columbia University researcher who reviewed marijuana use and motor vehicle crashes last year.

His survey linked pot use to crash risk, but pointed out wide research gaps. Scientists do not have conclusive data to link marijuana dosing to accident likelihood; whether it matters if the drug is smoked or eaten; or how pot interacts with other drugs.

The limited data has prompted a furious debate.

Proposed solutions include setting limits on the amount of the main psychoactive chemical in marijuana, THC, that drivers can have in their blood. But THC limits to determine impairment are not widely agreed upon.

Two states place the standard at 2 nanograms per milliliter of blood. Others have zero tolerance policies. And Colorado and Washington state are debating a threshold of 5 nanograms.

Such an attempt failed the Colorado Legislature last year, amid opposition from Republicans and Democrats. State officials then set up a task force to settle the question - and the panel couldn't agree.

This year, Colorado lawmakers are debating a similar measure, but its sponsors concede they don't know whether the "driving while high" bill will pass.

In Washington state, the ballot measure on marijuana legalization includes a 5 nanogram THC limit.
The measure's backers say polling indicates such a driving limit could be crucial to winning public support for legalization.

"Voters were very concerned about impaired driving," said Alison Holcomb, campaign director for Washington's legalization measure.

Holcomb also pointed to a failed marijuana legalization proposal in California two years ago that did not include a driving THC limit.

The White House, which has a goal of reducing drugged driving by 10 percent in the next three years, wants states to set a blood-level standard upon which to base convictions, but has not said what that limit should be.

Administration officials insist marijuana should remain illegal, and Kerlikowske called it a "bogus argument" to say any legal level of THC in a driver is safe.

But several factors can skew THC blood tests, including age, gender, weight and frequency of marijuana use. Also, THC can remain in the system weeks after a user sobers up, leading to the anxiety shared by many in the 16 medical marijuana states: They could be at risk for a positive test at any time, whether they had recently used the drug or not.

A Colorado state forensic toxicologist testified recently that "5 nanograms is more than fair" to determine intoxication. But, for now the blood test proposals remain politically fraught, with supporters and opponents of marijuana legalization hinging support on the issue.

Huestis, of the government-funded drug abuse institute, says an easy-to-use roadside saliva test that can determine recent marijuana use - as opposed to long-ago pot use - is in final testing stages and will be ready for police use soon.

Researchers envision a day when marijuana tests are as common in police cars as Breathalyzers.

Until then, lawmakers will consider measures such as Colorado's marijuana DUI proposal, which marijuana activists say imperils drivers who frequently use the drug such as Chilton, the multiple sclerosis patient.
She says that since she began using pot she has started driving again and for the first time in five years has landed a job.

Chilton worries Colorado's proposal jeopardizes her new found freedom. 

• Road users are reminded to never drive, bike, or walk while distracted. Doing so can result in tragic consequences for motorcyclists.
• A motorcycle has the same rights and privileges as any other vehicle on the roadway.
• Allow a motorcyclist a full lane width. Although it may seem that there is enough room in the traffic lane for a motor vehicle and a motorcycle, the motorcycle needs the room to maneuver safely. Do not share the lane.
• Because motorcycles are small, they can be difficult for other road users to see them, or judge their speed and distance as they approach.
• Always signal your intentions before changing lanes or merging with traffic. This allows motorcyclists to anticipate traffic flow and find a safe lane position.
• Because of its smaller size, a motorcyclist can be hidden in a vehicle's blind spot. Always check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.
• Don't be fooled by a flashing turn signal on a motorcycle - motorcycle signals may not be self-canceling and motorcyclists sometimes forget to turn them off. Wait to be sure the rider is going to turn before you proceed.
• Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists. Motorcycle riders may change speed or adjust position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.
• Allow more following distance -- three or four seconds - when following a motorcycle so the motorcycle rider has enough time to maneuver or stop in an emergency. In dry conditions, motorcycles can stop more quickly than cars.

Seattle's first youth traffic court, in which teens act as judge, jury and prosecutors, will convene late this month.

By Sara Jean Green, Seattle Times staff reporter
 
Seattle Municipal Court Judge Karen Donohue knows there's nothing scarier for parents than handing over a set of car keys to a teenage driver.

She also knows that when adults talk - be it a parent, a teacher, or even a judge - what teens tend to hear is a lot of "white noise." And when young people make a mistake behind the wheel, it's often their parents who end up paying tickets and dealing with increased car-insurance rates.

Changing that dynamic is behind the launch of the city's first youth traffic court, which will begin hearing cases later this month involving Seattle drivers younger than 18. The court will be staffed by 22 Garfield High School students. The Garfield students will get community service credit and have been trained by law students from Seattle University to act as judges, prosecutors, defense attorneys, bailiffs, court clerks and jurors. Garfield was chosen because of its proximity to Seattle University.

But instead of handing out fines, the court will tailor sanctions based on the philosophy of restorative justice, according to Margaret Fisher, co-director of the Seattle youth traffic court along with Donohue and Seattle Municipal Court Magistrate Lisa Leone. A teen may be ordered to write an essay for the school paper, or perhaps do yard work for someone whose vehicle was damaged.

Teens who go before the youth court will also be required to serve on two future juries.

If they successfully complete their sentences, the teen defendants will see their tickets dismissed and keep their driving records clean - which will mean no insurance-rate increases for Mom and Dad.

The average fine for a moving violation is $124, while driving without proof of insurance - a common youth violation - carries a $550 fine. A standard speeding ticket costs $154, and speeding in a school zone, $189.
"In my experience, I've seen kids for running stop signs and running traffic lights. But I think the No. 1 [offense] is speeding and speeding through school zones," said Donohue.

"Having had teen drivers in my family and seeing kids who come through court, I think this is a great opportunity" for teens to truly understand the impact their bad driving can have on the community, she said.
Garfield High freshman Clare Fuget, who turns 16 in September, acknowledged that she and her peers rarely think of consequences until after the fact.

"We're kind of heat-of-the-moment, that-looks-like-fun" people, she said. While young people may be impulsive and reckless at times, she said it's important their voices are heard and perspectives taken into account.

"A lot of times adults make our decisions or parents make our decisions, and we're not OK with that. We need to speak for ourselves," she said. "... We can relate to each other more."

On Monday, Fuget will play the role of prosecutor in a scripted hearing before city officials, legal professionals and police representatives. While the program's kickoff will be a dry run based on a fictional scenario, Fuget and her fellow youth-court participants will begin hearing real cases March 26. After that, the court will convene once a month and hear up to five cases per session.

"Basically, we're trying to nip poor driving habits and behavior in the bud," said Forrest Smith, one of six Seattle University law students who are mentoring the youth-court participants.

To qualify, drivers must be under 18 and have been ticketed in Seattle. They must admit to committing the traffic infractions for which they were stopped and agree to have their cases heard by the youth court.
Teens involved in injury accidents or under investigation for more serious crimes such as vehicular homicide are not eligible, nor are young drivers who have previously gone before the youth court.

Fisher wrote the American Bar Association's curriculum for youth courts in 2000 and has authored reports on youth courts for the U.S. Department of Justice. A distinguished practitioner in residence at Seattle University's law school, Fisher is convinced youth courts "are the best way for young people to learn about fairness and justice."

"It's a very maturing process," Fisher said of teens who have their cases adjudicated by a group of peers.
There are more than 1,000 youth courts (including five or six in Washington) across the country, up from 78 in 1994, according to the National Association of Youth Courts. Some youth courts handle criminal diversions, while others focus on teen truancy, said Fisher.

"Kids are so inventive and creative" in handing down sentences, Fisher said.

Ordering a teen to write an apology letter, perform community service, or even go on a ride-along with police can have a bigger impact on a young person's driving habits "than watching all the gory movies in the world," she said, referring to the kinds of films typically shown in driver's ed classes.

Sara Jean Green: 206-515-5654 

• Positivity rates for oxycodone from more than 500,000 tests in the general U.S. workforce are 10% higher than in 2010 (1.0% vs. 1.1%) and up 25% since 2007.
• Positivity for opiates in the general workforce is up nearly 7.7% from 2010 (0.39% vs. 0.42%) and up 20% since 2007.
• Positivity for propoxyphene in the general workforce was down 84.7% from 2010 (0.38% vs. 0.06%). Propoxyphene was pulled off the market in November 2010 because the drug was found to put patients at risk for potentially serious or even fatal heart rhythm abnormalities.

• Seven states increased speed limits, some to as high as 85 mph on some roads: Kan., Ky., Maine, Ohio, Pa., Texas, Va.
• Two states increased fines for speeders: Connecticut for all speeders, Wyoming for drivers of commercial vehicles
• Three states created a new "super" or "excessive" speeder classification with higher fines: Ga., Hawaii, Pa.
• One state enacted an aggressive driver law: Ind.