I saw this question asked and it was closed for answers.
It is not a violation of the controlled substance act of whenever to be 'high' or under the influence of a controlled substance. It is only illegal to posses it under said act.
2006-12-19 06:26:51 · 15 answers · asked by ? 1 in Politics & Government ➔ Law Enforcement & Police
As it pertains to Federal Law...
2006-12-22 13:30:41 · update #1
That's not the way it works.
There are many many other laws besides the Controlled Substance Act under which someone can be charged if suspected of being under the influence rather than possession.
In the USA, all the police need is a "reasonable suspicion" that someone may be under the influence.
Bottom line - it doesn't matter if you try to prove to an officer that you're not high - you can still be arrested if *he* believes it so based on his experience and training.
2006-12-19 06:34:09 · answer #1 · answered by Anonymous · 2⤊ 0⤋
If you live in California, it is, in fact, a misdemeanor, to be under the influence of a controlled substance, not including marijuana. [§ 11550(a) CA Health & Safety Code].
In California, it is also a misdemeanor to be under the influence of any drug or controlled substance to the point where you are unable to provide reasonable care for yourself, reasonable care for others, or you are interfering with with someone else's free movement, like blocking the sidewalk. [§ 647(f) CA Penal Code]. This law includes being under the influence of marijuana.
Your respective state may have a similar law in the books.
The only 100% way to prove to a police officer that you are not under the influence of a controlled substances is to provide a blood or a urine sample immediately after you have been arrested. Police officers take specialized Drug Recognition Expert (DRE) courses to train them in recognizing objective symptoms of being under the influence of a controlled substance. Your mouth can tell a cop that you aren't high, but your body always tells the truth for you.
2006-12-19 06:42:28 · answer #2 · answered by Pablo Rueben 3 · 1⤊ 0⤋
No, you are wrong. It is against the law in most states to be under the influence of a controlled substance, without a prescription. State law controls this issue
2006-12-19 07:24:33 · answer #3 · answered by On Time 3 · 2⤊ 0⤋
Police officers can tell if you are lying and even if you aren't, you stll, under their suspicion must undergo drug testing. Any method they are authorized to give you can prove whether or not you are on drugs. Whether it's relieving into a cup or being tested at a hospital. Hospitals usually have more equipment that can test whether one is on drugs or not. Police officials can tell whether you are or not through their specialized training that also teaches methods of reading and understanding someone through psychological methods and body language.
2006-12-19 08:26:05 · answer #4 · answered by ? 3 · 0⤊ 0⤋
And being high doesn't prove that you had possessed an illegal substance at some point?
If it smells like a duck and quacks like a duck, chances are it's a duck.
2006-12-19 06:30:07 · answer #5 · answered by FaZizzle 7 · 2⤊ 0⤋
have a drug test, if you have taken any illegal substances you will still have them in your body 24 hours later
2006-12-19 06:28:34 · answer #6 · answered by Anonymous · 2⤊ 0⤋
get him to hold your beer get your girlfriend to stop blowing u and put down the cell phone and put out the cig o and hide the weed
2006-12-19 07:35:43 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Submit to a field sobriety test, and make sure you pass it.
2006-12-19 06:43:45 · answer #8 · answered by ? 5 · 0⤊ 0⤋
you don't they have to prove your high the burden of proof is on the prosecution
2006-12-19 06:30:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
dont pull a bag of pot out of ur pocket
2006-12-19 06:29:19 · answer #10 · answered by Jesus 2 · 2⤊ 0⤋