Illegal?

a friend and i had a debate on if you would get in trouble and if its against the law if you get caught high. not smoking, not possession, no drug para., just being stoned. would that be illegal? any thoughts on this to help with the great debate?

thanks to all of you that reply in advance, keep on tokin'.

 

whose gonna decide whether you stoned?

 

I dont think it is illegal. Thats what ppl have said on here before.

 

--Cops.

There is a law that states if you're unable to to care for yourself, or you're a danger to yourself and/or others, you can be arrested/detained. It doesn't matter if you're high on pot or high on anything.
Of course this does not apply if you are for instance high and sitting in a park with friends, etc.
No law against being high on pot.

 

even if it is illegal there is no way you could possibly get caught unless you got pulled over for dui activity and failed a sobriety test they might arrest you and piss test you and get you for dui but if your not driving they cant test you unless they have a reason therefore you have to be breaking a different law.

 

so i can walk inside a police station w/ blood shot cashed out eyes and wearing a "legalize marijuana" shirt on, and strike a conversation w/ 1 of the cops, and they cant do shit to me? if so i think im gonna try this...

 

yea i've been trying to find out if it's illegal to actually be high, and so far i haven't found out anything. also there's no law against the act of smoking weed.

 

If you are smoking it, you are possessing it. Possession is illegal.

 

yes but there's no penalty for smoking it, not just possessing it or having paraphenalia

 

NO.

It is not illegal to be high. It's not illegal to smoke weed. But obviously you have to have weed to smoke it, which is illegal. They might pull some bullshit probable cause and search you, so best be clean when you have your chat with the Po-Po

 

best not to talk to cops if you can at all help it in my opinion.... no it's not illegal to be high.

 

Being high is just the same as being drunk or tripping on acid, it's not illegal to be drunk so why would it be illegal to be stoned?

 

i think its a pretty common misconception that there aren't any laws saying you can't actually be high. it IS against the law, at least where i live. the majority of instances i've heard of in which this law is invoked has taken place in my city, so i dont know if the drug abuse charge is mandated by this city or state, but it does exist.

marijuana possession in my state is decriminalized. you can have quite a lot of pot on you (over an ounce) and get nothing more than basically what amounts to a $100 ticket and no record. -for possession-

however, possession of paraphernelia is a different story, and you can get 30 days in jail for each paraphernelia charge you're found guilty on.

whats more, which is what relates most to this thread, there is a generic charge they will usually tack on with ANY drug offense called "drug abuse." if you have drugs, or drug paraphernelia, or they can "prove" beyond reasonable doubt that you have been using drugs, they can charge you with drug abuse which, while usually only brings on probation, could technically land you in jail.

a friend was caught with clean, empty syringes and a clean spoon. got charged with drug paraphernelia and drug abuse. got him a fine, a suspended license for 6 months, and 90 days in jail susupended (meaning he goes to jail for 90 days if he were to fuck up his probation)

another friend was caught with cigarettes when she was underage. what she didnt realize was there was a resin ball in her cigarette pack. got charged with a few things, iirc most of them were dropped.

i've never heard of anyone being charged with drug abuse and nothing else related, but i would imagine under certain conditions it would be entirely possible...IF the cops really wanted to make the effort to do so.

if you have nothing on you but are high, it would take a lot for them to legally justify "searching" you (drug testing you) which, if you were not in possession of anything, would be required to prove you guilty of drug abuse. so unless you're really acting dumb, like getting stoned off your ass and passing out on the sidewalk in front of the cop station, you can't really get in trouble just for BEING high. but at least where i live, it IS still technically illegal, it DOES have very real legal consequences if you're caught, and technically i think you COULD be caught without breaking any other laws - in theory - however search and seizure laws prevent them from being able to really "catch" you in most circumstances (one possible exception i could think of would be if you were having a session with other people, with someone elses pot and peice, and you all got busted as a group...anyone doing drugs could be charged with drug abuse even though they probably won't and if you just deny it and don't look too fucked up they can't easily challenge your claim)

 

it IS illegal to be drunk in public areas most of the time, and it IS illegal to be drunk underage in almost all circumstances, it is illegal to operate heavy machinery or automobiles even after taking a therapeutic dose of otc or prescription medicine of any kind, not to mention while drunk or using illegal drugs.

 

I've done it before. I wasn't wearing a "legalize marijuana" shirt, but I was wearing a hat that had a potleaf on it and it said "legalize it". Anyway, I walked into the police station to pay for a ticket with my hat on and I was stoned as fuck. They didn't say shit, but they were looking at me funny. I just paid the ticket and walked out. I was laughing my ass off on the way to my car. Then, I looked back at the door of the police station and there was a cop standing there looking at me. I started to get paranoid and just got in my car and left. I kept looking in my rearview mirror to see if they were following me, but there was nobody there. It was a pretty funny experience, except for the paranoia. I've gone into the police station numerous times wearing one of my potleaf hats, but that is the only time I've done it high. Paranoia is a bitch around cops.

 

Why would you want to advertise that you do drugs?? Okay so you smoke weed, so does 11 million other people... Thats never made sense to me.

 

If you're in it, represent it.

 

kind of like your name, Shaman420?

 

lol, no kidding, hypocrite

 

i'm sure it probably is illegal if you're under the influence of it but cops have a lot more important things to deal with than some pothead

unless you cause a scene you'd be fine