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Is it technically illegal to "be" high?

Splinterguitar69

Splinterguitar69

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Joined
Dec 14, 2010
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202
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Near Chicago
Or is it technically just possession etc that you can get in trouble for? I'm just kind of curious as to if it is or not. Can't find much on it. The most specific I can definitively find is public intoxication. But what about in private?

This isn't an attempt at legal advice, I mean this question face value
 
It is my understanding that no it is not (disclaimer: I live in Canada) but it would very often lead to a police officer taking it as probable cause for a search of your person, legally or otherwise. I suggest not carrying drugs in public when high if you can avoid it.
 
I don't think so. Unless you're really obviously stoned and "disturbing the peace" as some officers might say, most people won't notice, or care, and cops generally have better things to do.

Do know if they see dilated pupils or red eyes or other signs that say to them that you're more than drunk this at least gives them probable cause, while not explicitly illegal. Stay inside unless you're an experienced smoker.

I have heard stories of people eating say an entire baggie of weed in front of police officers to discard evidence, because once it's in you, they can't exactly charge you for possession anymore if they can't prove you had it and you claim to a court of law you didn't. They can't charge you for being high unless you were being blatantly obvious while high and there's some sort of concrete evidence, so if you say you weren't, you should be fine.
 
I think it is here in the UK if you are in public (under the public order act) - but you're ok in your own home. That said I don't think it's ever n issue unless you are making a nuisance of yourself, or you're a homeless guy swigging a 2 litre bottle of cider.
 
If you are not in possession, then they cannot prove you are high. So I don't think that it is illegal.
 
no internal possession laws in my state.


freehugs said:
If you are not in possession, then they cannot prove you are high. So I don't think that it is illegal.
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this is not true. had a friend a state north get a DUI for having cannabis in his system - even though he wasn't high WHILE driving, he was high the day before.
 
Chainer said:
this is not true. had a friend a state north get a DUI for having cannabis in his system - even though he wasn't high WHILE driving, he was high the day before.
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DUI laws and just being under the influence in public would be handled differently though, right? And were there other factors that lead to the cop thinking he/she was high? Like smell or whatever.
 
freehugs said:
DUI laws and just being under the influence in public would be handled differently though, right? And were there other factors that lead to the cop thinking he/she was high? Like smell or whatever.
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I got the story from the kid, I wasn't in the car, however I believe him. He lives in a small-ish town and the cop had caught him smoking outdoors in the past, and although he was not high while driving, the cop charged him as so. He said he was speeding and not wearing his seatbelt, and after searching found a new glass bowl (unused). Everything else I heard was mostly bitching about abuse of power etc
 
Chainer is right, there are similar laws in California. I haven't been asked if I'm stoned before though, so I doubt where I am from it would ever be an issue.

I see it being a bigger issue for a small/small-ish town like the example above. In that kind of case, you would have to be extra-degrees more careful IMO.
 
Generally if you're over 21, not driving, and not acting like a buffoon and/or jackass, not on probation or on the local LEO's shit list you're fine, and wont meet any cops anyway.
 
In many European countries (think Scandinavia), it is illegal to have THC metabolites in your urine. I kid you not!

You can be perfectly sober, but a cop has the right to force you to pee and should the test be positive, you get dragged to court.
 
CombatWombat said:
I have heard stories of people eating say an entire baggie of weed in front of police officers to discard evidence, because once it's in you, they can't exactly charge you for possession...
Click to expand...
in front of? i don't believe that for a second. police aren't going to let you stand in front of them and dispose of/discard evidence...

:\

alasdair
 
as i said above, there are no internal possession laws in most states, but they can/do drug test via saliva OR blood, and can (incorrectly/unfairly) charge you with DUI if driving.

Consuming any drug infront of an officer will result in arrest for tampering with evidence, obstruction, and whatever else they want. Bad idea - though I have been forced to eat several things SNEAKILY.
 
If you eat something in front of the police, expect them to:

A) Grab your throat so you can't swallow it

but if you do swallow it

B) Bring you to the hospital where they will give you activated charcoal to make you puke it back up.
 
In most cases, no.
However, driving is a different case.
Also, cops can find something to charge you with in most cases if they think you're high even if you aren't holding.
 
It depends on where you live, and what the situation is, normally LEO won't bother.

But many places, my state included, have possession through consumption or internal possession charges.

And I did have a friend who had it used against him for meth before.
 
In colorado, they drug test people driving and arrest them for dui, even if they aren't high, if it's in their system.
 
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