Legal: Is it legal to be high?

Hi there,

Curious about something.

Hypothetical situation: I'm at a concert - I'm ripped and my eyes are like saucers. A cop comes up and can tell I'm wasted quitet clearly (after I hug and kiss him)

If I have it together is it Legal to be high? Or should i say is it Illegal to be intoxicated on restricted drugs (as aposed to trafficing/holding)

If the cop asked me if i am rolling and I say yes, does he have grounds to arrest me?

I would fully expect to be searched .. but that does not bother me.

dunno, but he could probably arrest you for sexual assault :D

Theoretically if your in control of your faculites and not being a public nuisance its legal.

Public ordiance laws (i.e. drunk and disorderly,loitering) can come into effect,as can temporary detention if you appear to be a danger to yourself and not in a fit state.

That said,they will just claim you swore at them and resisted arrest if you act like a prick or they are in a bad mood and pissed of they didnt find anything when they searched you.So long as your not driving or on parole,a positive blood test cant result in a charge as you dont "possess" the controlled substance.If your on parole/good behaviour bond they could revoke it,if your driving they will NAIL you for driving under the influence.

so this tells me....hmm

that i make sure i eat the little buggers in my pocket quickly ! to avoid getting done for possession... yay!

yeah my opinion was if you are fine, can stand up, you're not falling over, you're not causing a nuisance to anyone, you're not violent or aggressive, so you're not giving the cop any reason to watch you, or detain you, then they aren't going to arrest you for being on drugs. Thats a lot of paperwork for no reason whatsoever.

If they find drugs on you, or you're behaving in a way that they feel the need to detain you, then they'll bother with the rest of it... The last major event I was at, it was clear everyone was on something or other, not alcohol since everyone was carrying water bottles, and the police were everywhere, but they didn't bother with anyone because nobody was losing control of themselves, nobody was violent or aggressive.... if they *have* to arrest you because you are high, they would have had to arrest most of the people at this event!

IMO, it all comes down to what the definition of high is.

Is the feeling a natural high, or a feeling that comes with recovering from a nasty disease with help from a certain drug. Or, is it a state of happiness gained from medication prescribed to help with depression? Of course, all those are perfectly allowable ways to get high.

Or, is it too be intoxicated? If so, then it depends on a) how you got high, b) where you are when you get high, and c) whether you pose a danger to yourself or anyone else when you're high?


You can certainly take a non-illicit drug in your own home and not behave in any offensive manner such that others are disturbed. If you are offensive, or behave irrationally or dangerously, and depending upon how intoxicated you appeared, you might indeed be charged with offenses seemingly unrelated to the act of getting high

Regarding illicits; once upon a time it was legal to be high - after the fact that is, it didn't matter at that stage how you got there. It was just illegal to intend to, or attempt to get high. However, then urine testing became widely available and it changed all that. Now, more so than when blood testing was the only means of detection, a positive metabolite screen is often regarded, law wise, as being at least as serious as possession of the drug itself.

..... that's the way I see it anyway

although the author of the thread was stating whether it was legal to be high or not after the consumation of a restricted drug it does bring to question - is it legal to be high at any time.

The only legal intoxicant, alcohol, avaliable doesn't really get one "high"

So is it legal to be high - out of your mind, hallunicating a thousand fish are swimining in your loo, dreaming of a blue second sun?

i think is it unspoken dogma that guides the establishment in their illogical war against drugs - these rigid, uncomfortable people who spend their entire life striving to be in control cannot accept a world where people engage in behaviour which is diametrically opposite to that of which they (the establishment) believe in.

It cannot be reasons of health that truly outlaw these substances, as you can find thousands of examples where they allow, death and misery on a scale that dwarfs negative health aspects of illict drugs.

I say it's an affront to these people that humans can "sit around and get high all day long". Every joint we smoke, or pill we drop, is a dagger that cuts into everything they believe in.

Could you ever imagine John Howard smoking a joint, getting high discussing how smooth one skin is, or Chris Payne E'ing off his brain whilst raving at a club with glow sticks?

These autocratic, dogmatic almost totalitarian people are so engulfed by their hatred that they've forgotton how to accept, compromise, and understand. I gues they deserve our pity more then anything else....

Not in NSW afaik.

While there is a law against self administration of a prohibited drug,they way it is interpreted is that police have to WITNESS the act,like see the needle in the arm.A piss test/blood test isnt conclusive proof of a crime,besides cocaine most drugs have a easy defence (i.e. opiates>codeine from nurofen+).Standing next to someone smoking THC isnt illegal and will make you test positive.Someone might have spiked your drink.

Cops would instead just go with swearing/abusive/refused search/resist arrest rather than bother with drug tests.

Only intereaction i've has with cops when i've been rolling has be .. good?

What can I say - the crowd has always been under control, no G-Heads
having a nap" no coke freaks stirring up the yobbo's.

But i've never been asked the question.

So to reiterate a litte, if a cop asks me if i have had any MD should i answer truthfully or should I lie ??

Admitting it is running the risk the cop will use it as a confession.They could charge you with possesion with no other evidence but your statement.You still commited a crime even if you werent caught with the drugs.

I wouldnt deny it either if your obviously munted but dont admit to anything.

All of this begs the question - if your drink gets spiked and you are high, are you breaking the law? If not, you could always claim your drink was spiked...

In WA, to "possess" a drug includes "to use" a drug. So if the police could prove you had used a prohibited drug you could be charged with simple possession.

I am unsure about the other states.

But given the difficulties in proving a drug has been used and the effort involved, it would be rare for the police to bother imo.

Taking the WA definition, if your drink was spiked you would not be "using" a prohibited drug, interpreting that definition narrowly and in the accused's favour. Further, the criminal law almost always requires a willed act for someone to be found guilty of an offence (i.e. the guilty mind or mens rea), and with drink spiking, there is no act on your part for which the criminal law could take issue with.

Cool guys..

So pretty much I have to control the urge to hug the cop, tell him he's doing a great job and ask him if he's having a good night

So yeah thanx for the info - I doubt i would ever get asked, but if i was I'd deny it. Seems if I admit to use that may give grounds for other things, searches blood tests. If I lie it won't give them that excuse.

who in sydney has not tried to tell a cop at a rave party what a wonderful job they're doing and then tried to pat their friendly Labradors they insist on bringing along. While clearly under the influence of something not legal. if you eyes are flipping like pokker machines the fact that you can't shut up will give it away??

If the cop catches you in possession of an illicit substance then they can charge you, but if your being overly friendly cause your pilling your tits off and at some rave they can't do anything except smile and let your talk their ears off.

Tho I recommend you refrain from hugging them, unless they're giving you drugs