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Is it technically illegal to "be" high?

how do you get a DUI for being intoxicated and walking? At worst they can get you with PI, and only if you're sticking out or causing a scene / being loud / loitering. I don't see that one holding up in court.
 
No you can't. Just don't carry it on you when you're stoned and be prepared if your job involves drug screening.
 
in the UK i havent heard of anyone get arrested for being high, unless they were fighting or acting like a complete twat
 
Even in places that have internal possession laws, LEO aren't quick to turn to them, for 2 reasons really. Firstly, it is a hassle. But more importantly, if they drag you into the hospital for a blood test and you come back clean, their ass could end up in serious trouble.
 
It depends on where you live...

But in the end nowadays cops can arrest you for anything it seems like. They just find some loophole in the system and arrest your ass because they feel like it.
 
as far as Canada goes. Not persay, at least not in Criminal Law. IIRC, Provincial law is only covering alcohol. It is not an offense to be under the influence of a
substance or to use the substance (Of course, using it entails possession so...) There is of course Driving under influence and related offenses.. (like being stoned while practicing medicine/law if your a doctor or lawyer or being stoned while on duty if your public officer/armed forces/etc)

If you fuck up and do something that hurts/kills anyone, it is not a defense and at a minimum Criminal Negligence/bodily harm/death.

Causing Disturbance is an Offense as per
Causing disturbance, indecent exhibition, loitering, etc.

175. (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
(ii) by being drunk, or
(iii) by impeding or molesting other persons,
(b) openly exposes or exhibits an indecent exhibition in a public place,
(c) loiters in a public place and in any way obstructs persons who are in that place, or
(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,
Click to expand...

If you are acting oddly, it would generally be probable cause to subject stop you, and anything illegal you had that was found...well...not good.

Additionally, in Ontario, as per 17-Mental Health Act- You could be detained and brought to a physician if you where 'deemed' a danger to your self or others, cause
fear in others or unable to care for your self.

Likely similar in most of the West.

Stay at home/don't be obnoxious in public?
 
I've been underage and high out of my mind numerous times in public, haven't been caught yet. Even been completely obvious about myself being stoned especially when it's 4/20 hahaha... And times when I was out past curfew. In the end its nothing I worry about and if a cop does come then I usually can pull myself together especially after some years of smoking so its not hard to do. In the end don't drive when you're high (8) yeah if anyone will listen lol) and try not to drive horrible if you've recently smoked if you don't want to end up in jail on some bullshit charge.
 
I have had friends that have gotten driving under the influence charges from smoking, they had however smoked in the car that they got pulled over which proved the cops suspicion
 
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.
Click to expand...


And you wanna know the biggest bullshit about that? If they hit you with a UA while you're in lock-up and they find cannabis in your piss then they can hit you with a DUI (if you were arrested for erratic driving)-- even if it's been approximately a month since you last smoked!

With blood tests I'm not 100% sure, but I know they can find it in you several days after your last toke.
 
You're right, Fluff. In the States, at least, status crimes are not illegal. Status crimes are things like being a drug addict, being alcoholic, being intoxicated but otherwise lawful... There's actually a few Supreme Court cases about it. (See: Robinson v. California, 370 U.S. 660 (1962) as an example)

However, if you're intoxicated in public on any kind of drug and are not being orderly/lawful, you run the chance of getting busted for disorderly conduct, public nuisance, public intoxication, and probably a few other potential charges that I can't recall right this moment (See: Powell v. Texas, 392 U.S. 514 (1968 )). If you're just on a buzz and going about other, lawful business then the police can't do a damn thing about it. Also, it's always best not to be holding when you're out on the street and under the influence. You never know what kind of bullshit could stem from that.
 
^
Here as well, Status crimes are non-existent and illegal...however, again, as per Mental Health Act, if a physician thinks your addiction is a danger to you or that it renders you unable to take care of your self, s/he can have a judge issue a warrant for your arrest and a police officer will take you into custody and then you'll have to go to rehab and such til the doc is satisfied. Really, its very uncommon/almost never happens, but I've seen it twice and it is possible.
 
I actually meant to say "not legal," lol. Whoops. That must've looked like a ridiculously contradictory post of mine, haha.
 
I have a friend in GA that hit a deer headed back to college. It was in the afternoon, and when the cop showed up to take the report, I guess he suspected her of being under the influence. She hadn't smoked in two weeks, but the cop was suspicious and claimed she failed a field sobriety test. Obviously she was shaken up because she totaled her car hitting a deer at 65 mph (thank god there was light traffic), not because of what she did two weeks prior! Anyway, she got taken to the hospital, where they did a blood test which showed nothing, and then a urine test which of course showed positive for THC metabolites - no alcohol at all. Long story short, she got a DUI with internal possession charges. She spent close to $5,000 altogether in legal costs, not to mention her insurance tripled.

They CAN quantify how much metabolite is in the urine, which means they should be able to show SOME sort of time-frame, but the courts here in GA will stick it to you. Tongue in cheek, she would have probably been better off with alcohol in her system. God, never let me leave the oasis of Atlanta if I am to stay in the southern US. Barney Fife is everywhere with nothing better than to ruin a young woman's life.
 
Jibult said:
Also, it's always best not to be holding when you're out on the street and under the influence. You never know what kind of bullshit could stem from that.
Click to expand...

add:
resisting (doesn't matter if you were or not)
felony charges for any "hard drug"
possession / sales felony charge
fined up the ass
disorderly conduct
tamper or destroying evidence

within a drug free zone? double your fines and charges

if you're out in public and fucked up, it's best you only do so if you can handle your shit... even then, everyone gets unlucky from time to time. comes with the teritory...

just pray to god you ain't holding crack or pain killers, they love hitting you with the book on that shit. I've had cops say "I can work with you if you've just got a dub of marijuana. (another thing cops say frequently to get you to give your shit up without having probable cause)".

If you get caught on a DT with any drugs in your system, they can "provide" enough evidence to "strongly show/suggest" that you were in fact under the influence of said drugs while the officer was dealing with you. I've heard some serious horror stories, dudes losing their license for 2 years for just having dope or weed in their system, and even a guy who did 3 years in jail in NH for testing positive for cannabis during a undercover sting when they couldn't find the drugs on him or his car (he ate it - it was a 5 pack of roxies)
 
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