The answer from the officer I am taking a wild guess and saying is from California. In California, if you are under the influence of Meth or coke, then you can be arrested for 11550 Health and Safety Code, heroin too. If you are smoking weed or drunk you can be arrested for 647(f) of the penal code, as state unable to care for yourself or others. I have been prosecuting in California for 18 years, and have never been shown where you are unable to care for yourself, but just fine to take care of others. That is what Deputy DA's think is funny. As to your friend, there is not such a thing as a random drug test if you are not on probation, Parole, or a conditional release. Now if you appear to meet the criteria of the laws above, you can be tested. Now, for those who think they can just say no, many departments will force a blood draw. We at the DA's offices love it when they do.
2007-08-31 19:07:03
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answer #1
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answered by Songbyrd JPA ✡ 7
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I'm not sure where some of these answers are coming from.
If an officer has a suspicion that a person is under the influence of marijuana and on foot he can only ask questions and pat you down for weapons. If he finds no paraphenalia on you then he has no probable cause to arrest and without an arrest he can not compell a drug test without a warrant.
You can not get in trouble for being high off of weed, but if the officer determines that your level of intoxication could cuase you to harm yourself (walk into a roadway, fall off a cliff, etc.) then he can detain you until a friend can tak you home or call you a cab. This is all dependant on if the local laws have not been updated to include mind altering drugs under the Public Intoxication statute.
2007-09-01 14:41:38
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answer #2
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answered by Charlie Fingers 4
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yeah but unless it's for a job or something. act real prove to the guy you are a awsome humanbeing. that could deture him. If you know you're going to be drug test for sure though you have to take drastic measures. try to detox a couple days befor hand by finding a realy good detox tea and put like 3-4 bags into each glass you drink and drink pure !!!100%!!!<----important crannberry juice. and nothing else for a day. then start eating as much fatty foods as you can before the test to seal off all the remaining THC in your fat stores. and don't give the test your first days pee drink a ton of water to dilute the pee on the day of the test as well. good luck.
2007-08-31 18:42:36
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answer #3
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answered by Anonymous
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It is NOT illegal to be under the influence of marijuana, unless: your behavior causes you to be unable to care for your safety, or the safety of others. And please do not "jump in the bushes and try to hide" Your just ASKING for the police to stop and talk to you, plus search you because your behavior is suspicous. If you are just walking down the street then you will most likely be told to "go home." Now if you drive a car, then yes, they can take your blood and charge you for DUI.
2007-08-31 18:40:03
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answer #4
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answered by JR 4
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Being under the influence of marijuana is not a crime so long as you are not driving a vehicle. Possessing marijuana is a crime. Usually an infraction.....possession for sale is usually a felony.
If you are driving a vehicle, you shall submit to a chemical test. If you are under the influence of a narcotic (meth, heroin, etc) you can be tested if you show signs of intoxication.
2007-08-31 18:43:32
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answer #5
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answered by Raptornate 2
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well to let u know i wouldn't smoke wit Ur friend he would kill my high wit his paranoia bullshit but no they cant do that the only thing if they did caught u past curfew if give u a ticket n say u where faded u ain't got no **** on u n they cant do **** if u ain't on probation or they dont have a warrant
2007-08-31 18:40:30
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answer #6
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answered by Anonymous
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Yes.
2007-08-31 18:37:06
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answer #7
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answered by Adelaide B 5
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Yes. Yes. And yes.
2007-08-31 18:59:40
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answer #8
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answered by wuxxler 5
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are you high and hidin in the bushes?!!!
2007-08-31 18:39:24
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answer #9
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answered by Anonymous
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