(sorry John...I guess I haven't been keeping up with this thread....)
Yep! You can. And you'd usually do this whenever traffic is stopped for a red light.
Basically, as long as you're not going past stopped or barely crawling cagers any faster than say 10-15 MPH than their speed, the cops don't really mind.
They will cite you though if they think that you're splitting lanes too fast, and that is a subjective opionion on their part that would be pretty hard to fight in court.
BTW, while you're splitting lanes, alway be sure to make a quick check of your mirrors every 30 seconds or so, as every once in a while some rider will sneak up behind you splitting lane in what I would consider too fast, and every once in a while as you may see an opening in the lane to move into, if you don't check your mirror they can "surprise the heck out of you" by trying to pass YOU.
I say...move your way into a lane, and let 'em pass.