Lets say you were over a friends house and smoked marijuana. then you walked home which was only a couple of blocks away. You didn't have any on your person but was stopped by the cops cause you were out at about 3am in the morning. Over18 so not breaking curfew. Could the policedo anything to you?
2007-10-22 04:10:26 · 11 answers · asked by MG06 2 in Politics & Government ➔ Law Enforcement & Police
Is it illegal to be high?
2007-10-22 04:15:59 · update #1
It is not against the law to use alcohol, narcotics, or any other illicit substances unless there is a court order in place prohibiting such ingestion (as in the conditions of probation or parole). Having detected the odor of marijuana on your person after the initial contact, the officer would have reasonable suspicion for a pat-down (stop & frisk, or "Terry Stop"). Not finding any contraband, he would have no choice but to release you. Keep in mind, even though you would not get arrested, you can bet your next joint that the investigating officer has cataloged your information and depending on the value of the incident, could alert the his agency's narcotics agent(s) who in turn, could have a valid reason for a new surveillance gig. I hope this helps. Good luck!
2007-10-22 04:45:17 · answer #1 · answered by DocoMyster 5 · 0⤊ 0⤋
You will probably be OK. You could possibly be charged with public intoxication, but usually the people charged with that are drunks that are acting like drunks. If you are high and just walking, you are OK. And as far as what somebody else said, it is illegal to drink and drive but not to get high and drive, the charge is driving under the influence, not driving drunk. Under the influence could be of anything, drink or drugs, including prescription and over the counter medicine. If you take some OTC cold medicine that impairs you and you get pulled over, you will get a DUI just like some drunk guy.
2007-10-22 06:31:39 · answer #2 · answered by Scott B 4 · 0⤊ 0⤋
I imagine other than question u, if your not under the influence your good. But also you don't have to explain where you been in any detail, or mention any names. This is still America your allowed to take a walk when ever u want, and go where ever you want when ever you want. They only know what u tell them, so keep it brief. Remeber if someone looks hard and long enough their bound to come up with something,mostly based on what u tell them. They like drawing their own conclusions.
2007-10-22 04:27:27 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If the cop had probibal cause (He smelt it on you) he can detain and search your person. If he did not find anything and you have no outstanding warrants and you were cooperative he would most likely let you go.
It's probably not a good idea to be out at 3:00am after doing drugs.
Cops are doing their job stopping people at 3:00am and investigating why they are out and about.......
2007-10-22 04:20:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If your just stupid and stoned.... No. They will just right up a Street Check on you and you will now be in the Police Records system as being a possible drug user. Then you will be released.
If your causing a disturbance they could arrest you for disorderly conduct and not in the charging document that you appeared under the influence of a narcotic.
That would cause the judge to at sentencing give you court ordered drug testing and drug testing as part of any probation you might get.
2007-10-22 04:19:24 · answer #5 · answered by Dog Lover 7 · 2⤊ 2⤋
It is possible (not likely) that you could be charged with being under the influence of a controlled substance.
2007-10-22 04:15:28 · answer #6 · answered by sensible_man 7 · 0⤊ 1⤋
Only if you self incriminate.. In other words, you are not obligated to say anything other than your name, and provide ID. Anything else is none of their business and can get you in trouble....
2007-10-22 04:14:20 · answer #7 · answered by outcrop 5 · 1⤊ 0⤋
YES, it called being under the influence of drug or narcotic. I would not even take the chance with that one.
2007-10-22 05:28:25 · answer #8 · answered by dj_neo303 1 · 0⤊ 1⤋
As my friend used to say. It's illegal to drink and drive but not be high and drive. They can't do anything if you don't have anything on you.
2007-10-22 04:19:04 · answer #9 · answered by chad f 3 · 1⤊ 2⤋
other than harrass you...no they can't do anything to you.
2007-10-22 04:14:14 · answer #10 · answered by Anonymous · 1⤊ 1⤋