Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Is it illegal to be high on drugs?
Find answers to your legal question.

Is it illegal to be high on drugs?

I know its illegal to take drugs and be caught with drugs on you. But what if the cop arrests you and your already high without any drugs on you. Would they be able to file charges.

This is assuming you don't break any other laws. Your just high when a cop sees you.


Im stuck in your brain
If you're not driving or operating a vehicle, and are not in a position to endanger yourself or others, then it's not illegal.

It's like being drunk. Can't do anything if you're just sittin on your porch or lawn.

They can't arrest you for walking under the influence. Driving under the influence, yes. Possession of a substance, yes... but it's in you, not on you.

edit: the laws are strict. If they don't find drugs ON you, then they cannot charge you with possession. Public intoxication is something else entirely, and has nothing to do with drugs.

yes, you're under the influence.
you have the drugs in your system, you need need to be in posession of them to be breaking the law.

Yes, because you've taken the drug and you are high on the drug, which you've taken so there for you would be arrested.

Breeze ♥'s Riolu
yes don't do it. I know this guy who got arrested for doing that.

yes, they give u a drug test and u get arrested... i dont suggest drugs

Julia W
im pretty shure, yes.
but honeslty DONT do drugs.
its the stupidest thing to do
and it can get you in alot of trouble.


yes its under the influence
they don't know what your gonna do next while high

music is my life :))
cops aren't stupid! they know when ur high and ur driving so ya 100% of the time they know if your high, drunk or watever but ur driving so ya you would be booked

Franklin P
well if you are high when they see you they know you had possession of drugs and that you were taking drugs.

think, the police are not stupid people.

Uhhhh like totally, wait, what was the question?

Are you serious? Of course it's against the law. Public intoxication is also against the law in some areas.

soul rebel
yea because having the drugs in your system is considered having them in possession, it isnt only illegal to have them with you but also to have them in your system

Emily R
Any drugs are illegal if your not subscribed to them.
Under the influence.
drugs are pointless and a waste of life.

More information is needed to answer this question properly, as the correct answer can differ greatly between US states and even from one city or district to the next. The rules can also change depending on what sort of police arrests you (state, city, etc) as some places have decriminalisation of certain drugs, where you were arrested (private vs public property), and other specifics.

I highly recommend posting the details of the situation at somewhere like http://forum.freeadvice.com/ if you want a better response.

It depends.
Public intoxication (whether because of alcohol or other drugs) is illegal, though without actually having the drugs on you there would likely be no proof for that charge. And as a practical matter, if you don't act stupid, then no cop will suspect that you're on drugs anyway. Also, it's one thing to be drunk because a cop can smell the booze on your breath, but other drugs can often mimic the symptoms of mental illness or diabetic problems. If you're suspected of driving under the influence of drugs, however, the cops can order a blood test and then you could be charged.

it's like
the same as being drunken and disorderly i think

yes its under the influence

Mark K
No... Unless you are operating under the influence of a controlled substance. If you admit to being "high" while driving a motor vehicle for example I could arrest you for operating under the influence of a controled substance. There are many loopholes in that though such as being disorderly or protective custody. I could pick you up on a number of charges without using the words "high" or make any assumptions to the use of narcotics. Truth is if the officer wants to arrest you for being "high" they will but not "because you are high"

Not illegal to be high in your house, if you are in possession then you might get in trouble though. Being in public is under the influence. Sitting in a car having smoked weed is totally legal but don't be in possession or be driving after a cop knows.

This is in Cali, I don't know nationally

Anna S
i beelive so

Any person who take drugs is likely to commit crime. Therefore it is illegal.

Mittmoudh R
few people high on drugs can think straight enough to cover all their bases

Crystal M
Probably since it is an ILLEGAL drug.
I would think being drunk is different...since alcohol isn't illegal...if you're not doing anything to cause harm etc. while drunk it's fine...but if you're underage then it's illegal.

Why so serious?
Still busted. Under the influence.

Stay in your house

It is not illegal to be high in the U.S. unless you are on probation.

Al Bundy
In general no. If you're driving it usually is and some states have zero tolerence driving laws where having any amount in your system is like a DUI. Also if you're intoxicated in public you could probably be charged with public intoxication in some states even if it's not from alcohol.

big boi
Well its pretty obvious to see someone high on drugs, they be falling over and look like they are drunk. I dont think that they can arrest you but the can put you under custity which pretty much means to hold you in house arrest or something until they have proof of what you did.

Cutie P
yh but som people find it hard and cnt cope its sad :(

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 I got an email from a girl says she is stranded in nigeria needs 375$?
the email says she was there staying in a hotel ballams that she was robbed her money and valuables taken no way to pay hotel bill the hotel manager mr clement is holidng her visa and plane tickets ...

 I got a friend who got caught with a gun?
my friend is 17 about to be 18 this june .... He got caught with a small calibur gun a .22 handgun it was loaded .... He's now in juvi his court date is not till the 16th

He finished ...

 Seriously, why will America not ban guns?

Additional Details
You will not be any safer when owning one. If someones going to kill you with a gun will you have time to run to your gun room, or do you keep it in your handbag?...

 Is there rape in girls prison?
Do you think girls rape girls in juvenile prison? I have heard a lot of stories about rape in boys juvenile so I was just wondering if it goes on in girls prison too....

 If your divorce can you still use the surname of your husband?
my husband is divorced and his ex-wife is still using his surname, can my husband take legal action against his ex-wife for using his surname? and can my husband ex-wife has still got to do with my ...

 I'LL KEEP IT SHORT:: My husband's currently receiving unemployment, but he just got his old job back..........
Will EDD find out that he is working there again, that they hired him back? Or can we keep getting benefits at least for another month? (He was out of work for a while and we are behind on EVERYTHING ...

 Is 10 yrs. in prison enough?
A man shoots and kills his 6 month pregeant girlfriend and receive only a 10 yr. sentence for invoulentary manslaughter. Do you think this is a fair sentencing? I DON'T. Also he received a 10 yr....

 Is setting fire to a waste bin at the back of the library classed as actual arson ?
Even though 'technically' it's a victimless crime?...

 Do you believe smoking marijuana is a civil right?
Do you believe that smoking marijuana for recreational purposes is a civil right every responsible adult should have?
Additional Details
I know it's not a civil right currently, in ...

 Why do the police need so long to interview suspects?
Why so long?

Did you do it?
Did you do it?
Did you do it?
Did you do it?
AAAAAAHHHH!!!! Got you!

Is that how it works?...

 Is it illegal to block a drive in front of a property if there is no car parked in the drive?

 Is it illegal to drive without drivers license?

 If you are a victim of crime caused by an illegal immigrant do you blame the immigrant or the government....?
or do-gooders for letting them in, in the first place?...

 Should welfare recipients be allowed to buy cigarettes, beer, or lottery.?
I think if you are living off of other peoples income ( like welfare recipients), you should not be able to buy these things. I think if you are caught your payments should be stopped and you should ...

 If you could commit a felony and get away with it, what crime would you commit and why?
it just a hypothetical question.....

I would probably rob a bank....so i didnt have to live paycheck to paycheck
Additional Details
*rolling on the floor in laughter* :D you ...

 Should Gun Makers Pay The Price Of The Gun Violence?

 Should I report an answer, that exposes a child to a " innopropriate" word?

Additional Details
I hate to feel like a snitch, but I am on a mission, to make the internet a safer place, and you guys are right, it is the parents faullt, but a lot of YOUNG children ...

 Can the President of the United States declare war? Or does it take an "Act of Congress"?
Which was a "Democratic Majority" when we declared war on Afganistan and Iraq!
Additional Details
come on kids we all did this in school!...

 I made a huge mistake. I moved in with a man who is a recovering alcoholic.?
I really cared about him. My daughter and I moved in. He had some episodes of drinking whiskey and kicked us out several times. Later said he was sorry and it would not happen again. Well, the ...

 Is it illegal to drive barefoot?

Copyright (c) 2009-2013 Wiki Law 3k Friday, February 12, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links