Is it technically illegal to "be" high?

[derejrcar]

I would think that because smoking marijuana is illegal, then yes, being high is illegal. But, in a court of law it would never really hold up. Theres just too many factors - how high were you, when did you smoke, etc. They cant prove anything. A cop might be able to say "you're high, you shouldnt be driving". But how's he gunna hold that up in court? He has no way to test you on the spot, he doesnt know you, and theres just no way to 'get' you for being high.

 

[Darksidesam]

http://www.youtube.com/watch?v=_RmxW4GJ1GA

Watch for the Lol's

I'd say being intoxicated whilst in public can also matter where you are as well. If your in a big popular city , especially the capital and are obviously out of your brains on something, then yes, its a bit risky and you should avoid these kind of situations.

 

[Captain.Heroin]

Lucky, you get to stroll casually down the street in some kind of cocky 1950's manner while we spark up our joints in alleyways next to people smoking crack pipes looking around every 5 - 10 seconds due to paranoia lol

You bring up an interesting point; I never get paranoid from weed.

For those of you that do: move to California. %)

 

[Jibult]

I would think that because smoking marijuana is illegal, then yes, being high is illegal. But, in a court of law it would never really hold up. Theres just too many factors - how high were you, when did you smoke, etc. They cant prove anything. A cop might be able to say "you're high, you shouldnt be driving". But how's he gunna hold that up in court? He has no way to test you on the spot, he doesnt know you, and theres just no way to 'get' you for being high.

If you're arrested for being under the influence, police can and normally do compel you to a blood or urine test when you're being booked. The primary reason for that being that you're absolutely right, no charges will stick if they can't prove that a suspect was indeed intoxicated at the time of his or her arrest.

 

[freehugs]

You bring up an interesting point; I never get paranoid from weed.

For those of you that do: move to California. %)

I back this up 100%

It feelsgoodman to be smoking a joint on the street, crossing a sidewalk with 3 cops in it, catching ones eye and nodding, and walking on while still smoking.

 

[Jibult]

I back this up 100%

It feelsgoodman to be smoking a joint on the street, crossing a sidewalk with 3 cops in it, catching ones eye and nodding, and walking on while still smoking.

Oh man.... I don't think I'd feel comfortable doing that even if weed were 100% legal... Hiding my drug use is just too engrained in my mind for me to be so open about it in front of police.

 

[PeacePipeChief]

I heard somewhere that the only drug it is illegal to be on it methamphetamines , not sure if this true ? (I'm guessing it would have something to do with the crime rate related to meth)

 

[Jibult]

If you're in the US it's illegal to be under the influence of anything that intoxicates you to the point of acting an ass (or falling out) in public. Again, if you're arrested under the suspicion of public intoxication, the police can and usually will compel you to submit to blood and/or urine testing in the detention center. In my state, if you happen to be driving when you get busted for a DWI/DUI then you're extra fucked because, as the back of my license says:

Driving in Maryland implies consent to chemical testing for intoxication as required by law.

If you happen to just be walking around pilled the fuck out or high on anything and police snatch you up for it, in my experience, when you get to the detention center they're going to ask for you to submit to either a blood or urinalysis test. If you refuse, you go back in the cell while they obtain a quick warrant to seize a blood or urine sample from you. Once they've got that, if you refuse they'll physically restrain you and pop a needle into your arm to get their sample.

This doesn't always happen-- normally they force the sample from you when you're belligerent and they feel you're a danger to yourself and others in the facility-- but it can and does happen, and not just with methamphetamine.

 

[hx_]

Don't understand this, surely if you're causing a problem they should just arrest you for the problem you are causing.

Being drunk/wrecked doesn't hurt anyone till you start acting like a dick. Over here you'd get done for a "public order offence" or drunk and disorderly, disorderly being the main part, but if you do as you're told you'l be fine. Its normally "Stop swearing and scaring people or we'll arrest you", ya get 3 chances/warnings on the swearing thing.

Even if you call them a "F-ing C-ing Pig" they technically can't arrest you unless your swear again. They will look for a reason/excuse to though! Disturbing the peace most likely.

 

[Jibult]

Don't understand this, surely if you're causing a problem they should just arrest you for the problem you are causing.

Being drunk/wrecked doesn't hurt anyone till you start acting like a dick. Over here you'd get done for a "public order offence" or drunk and disorderly, disorderly being the main part, but if you do as you're told you'l be fine. Its normally "Stop swearing and scaring people or we'll arrest you", ya get 3 chances/warnings on the swearing thing.

Even if you call them a "F-ing C-ing Pig" they technically can't arrest you unless your swear again. They will look for a reason/excuse to though! Disturbing the peace most likely.

http://www.criminaldefenselawyer.com/crime-penalties/federal/public-intoxication.htm


Public intoxication and disturbing the peace/disorderly conduct are separate charges you can incur in the US if you give an arresting officer reason to believe you are intoxicated at the time of your arrest for disturbing the peace (the catch, though, is to be charged with public intoxication you obviously have to test positive for alcohol or drugs and not just appear so-- otherwise the public intoxication charge won't stick).


[Edit: 3 warnings for swearing? Lol! There's no set rule in my neck of the woods, but generally police'll give you one warning to cut the shit and if you continue after that you're likely going to regret it. Calling an officer a "FUCKING PIG" is not advisable-- you'll most likely be approached and harassed in turn by the police. (I'd just like to say that I'm speaking from how police have dealt with my friends and myself over the years. I don't always know the laws that are in place and/or their exact wording, but police here in Prince George's County rarely go by the book when dealing with local citizenry.)]


[Edit number 2: I agree that they should arrest you only for the problem you're causing, but you have to keep in mind that corrections is a multi-billion dollar industry in the United States. The longer they can keep a person locked up, the more money can be made off of cheap labor and bare minimum healthcare and necessities.]

 

[hx_]

Haha, over here prisons are apparently alot "nicer" if you can call them that. Plus we don't have drug-based probation or labour/work prisons.

"Life in an English prison was "like a spa" says a Polish man who served time for fare dodging and other crimes"
http://www.bbc.co.uk/news/uk-politics-17089663

Some people even get special privileges such as games consoles if they "behave"!

 

[Wolfmans_BrothEr]

i got brought in for a warrant one time and the cops didnt find the bud i had in my stash pocket, but i reeked, so i told them i smoked that morning to explain why my sweatshirt smelled like bud

anyway one of the cops informed me he could charge me for public intoxication for saying i was stoned. sure its probably hard as hell to prove and no one would ever charge you with that except like the biggest dick in the world but ill bet theres something out there that says you can get arrested for that shit

 

[liftedgift]

Public intoxication is such a bullshit law to me. You could be walking home from a bar or from wherever and pretty much unless your in the damn woods you are in public

 

[Jibult]

Public intoxication is such a bullshit law to me. You could be walking home from a bar or from wherever and pretty much unless your in the damn woods you are in public

It's considered a "Quality of Life" crime, and is one of many charges used by politicians/PR police to show that their police force is actually doing something. The logic: the American people in general gobble up statistics like no other country I know of, and numbers are really good at getting most of us to shut up.

Also, police like to stack as many charges as they can on a single act (which makes a lot of laws seemingly redundant, but legislators are amazing at wording laws carefully enough that they can be distinguished from one another upon close scrutiny). The logic: If they can't convict on one charge, they've got another 4 or 5 to try their luck on with the State's Attorney, judge and/or jury.

 

[Prelude2TragedyII]

Im going to read through this thread right now ( Haven't yet)
But does anyone know the Laws for medical marijuana in California?
Ive always tried to find out, but , it seems there are so many different sides to one story and so many diff opinions.
Ive always wanted to know where I can smoke, and where I can go when high.
Is it legal to smoke anywhere other than home? lol
I miss smoking and being outside

 

[Jibult]

Im going to read through this thread right now ( Haven't yet)
But does anyone know the Laws for medical marijuana in California?
Ive always tried to find out, but , it seems there are so many different sides to one story and so many diff opinions.
Ive always wanted to know where I can smoke, and where I can go when high.
Is it legal to smoke anywhere other than home? lol
I miss smoking and being outside

NSFW:

The part in bold is what I think is most applicable to you. I don't think this little quote can be considered a finalized answer, though, so there may be other restrictions in related legislation that prohibit other situations and circumstance of MMJ use that aren't mentioned in this post.

11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility,
or other type of penal institution in which prisoners reside or
persons under arrest are detained.
(b) Notwithstanding subdivision (a), a person shall not be
prohibited or prevented from obtaining and submitting the written
information and documentation necessary to apply for an
identification card on the basis that the person is incarcerated in a
jail, correctional facility, or other penal institution in which
prisoners reside or persons under arrest are detained.
(c) Nothing in this article shall prohibit a jail, correctional
facility, or other penal institution in which prisoners reside or
persons under arrest are detained, from permitting a prisoner or a
person under arrest who has an identification card, to use marijuana
for medical purposes under circumstances that will not endanger the
health or safety of other prisoners or the security of the facility.

(d) Nothing in this article shall require a governmental, private,
or any other health insurance provider or health care service plan
to be liable for any claim for reimbursement for the medical use of
marijuana.
11362.79. Nothing in this article shall authorize a qualified
patient or person with an identification card to engage in the
smoking of medical marijuana under any of the following
circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he
or she is on probation or released on bail.

source, found on Medical Marijuana Program's page (that page holds a ton of info that might apply to you, by the way, so you might want to give the stuff a good read whenever you get the chance)

 

[Prelude2TragedyII]

Thank you Jibult, so would that mean, If I wasn't a bother to anyone, would I be able to goto the park and sent on a bench and smoke? or maybe go for a walk and smoke?
I thought I was strictly confined to being in my house , but I guess as long as I'm not driving it's okay?
( I hate the writing of these articles, it all seems like its not written in english. lol)

And as for everyone being hateful towards cops, I would be more hateful towards the system that trains them.
I've had 4 run-ins with the cops. First time, I was pulled over for my tail-light being out on my car. I had a quarter ounce of some dank in a plastic cup, and 2 bottles of open alcohol in the car (I was 18, drinking limit is 21) . Cop asked if I knew why he was pulling me over, and asked where I was going. (I was about 500ft from the hotel I was staying in) I pointed forward and said Im staying in that building. So 2 cop cars escorted me to the hotel and told me to stay in my room for the rest of the night. When, really, I should have been fucked with all that bud/alcohol. Ive been pulled over, alot, and EVERY time, I had Opiates/Weed/Alcohol on me, and I was under the influence.

I've had a cop pull me out of the car , and ask me who's weed was in the car, when I told him it was mine, he told me to grab the bag, throw it at the next car thats driving by, and he will let me go with a warning...

Worst one , was when I got pulled over for having 'illegally tinted windows' , which was bs. 5 cop cars surrounded my car. I had a gun under the passenger seat, I had 600mg of oxycontin in the center console, , 1/2 ounce in the glove box. They couldn't see any of these things, except for maybe the gun. The cop had me roll up, and down my window 5 times (I have no idea why...) and said its not illegally tinted, and I need to have my front window fixed (Had a crack on the passenger side windshield that didn't obstruct my view, so it WAS legal to drive with, I got it fixed eventually anyways).
They eventually just gave me a fix-it ticket, and let me be...

I can count my self very very lucky. I dont know how, or why I got away with these things, but it sure as hell made me believe that someone out there is looking out for me...No way in hell people get away with that shit, especially when its right in front of the officer.

 

[Jibult]

Thank you Jibult, so would that mean, If I wasn't a bother to anyone, would I be able to goto the park and sent on a bench and smoke? or maybe go for a walk and smoke?
I thought I was strictly confined to being in my house , but I guess as long as I'm not driving it's okay?
( I hate the writing of these articles, it all seems like its not written in english. lol)

From that one little snippet (I admit, I didn't read all of the legislation) I would say that as long as you're not in or within 1,000 feet of the grounds of a school, recreation center, or youth center; on or close to a schoolbus or sitting in a motor vehicle being operated; and not in violation of any local or state "smoke-free" laws then you'll be fine.

I'm having trouble finding specifics about current California Smoke-Free legislation, though, and am not very sure what exactly is prohibited as a result of them.


[Edit: Wikipedia sheds some light on CA smoking bans, but I've no clue how current or accurate the information is:

http://en.wikipedia.org/wiki/List_of_smoking_bans_in_the_United_States#.C2.A0California
]

 

[Prelude2TragedyII]

Yeah, see this is where I always get confused.
I've tried reading the law for Medical Marijuana in California, but it seems alot of State laws conflict with county laws. It's really fucking stupid.
I guess Ill just start rolling my joints again and going for nice long outdoor walks .

I tried going to a few of the sites that list the laws, nothing really outlines specifics.
One site will say something is okay, and another will contradict it saying that it's illegal..
And I dont want to push my luck with the cops anymore, lol,
I bet it'd be the one time where I was really trying to stay out of trouble that I'd end up getting in trouble.

But thank you for taking the time out to find those, I do appreciate it. Ive had my Medical Marijuana card for 3 years, and I still have no idea, lol.

 

[Jibult]

No problem, the MPP site was actually really easy to find. To be honest, though, the best way to figure it out would be to contact one of these CA NORML lawyers and just ask the question. Most lawyers associated with NORML do free consultations in my experience, so I don't see them being reluctant to answer a pretty simple question over the phone (or by email if you have to leave a message with a secretary/legal assistant).