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Old 02-16-2004, 11:37 AM   #1
lostandfound
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Default Legality of being high and smell of mj

ok, I live in California and according to norml the penalty for possesion of a small amout of pot is a fine and no arrest. This may seem silly but what is the penalty for being high.

Lets say for instance I smoke a bowl at home and then I go out around town or to a club or something. Somehow or another a cop is alerted to my presence. Now the cop determines that I am high but have no weed on me. What is going to happen? Is this the same charge as possesion? What kind of charges can be brought against me? Will there even be a charge? (this is assuming Im not acting really ****ed up or disturbing people or anything)

also kind of the same question about smelling like pot. If I am walking down the street smelling like I just smoked is that cause enough for a policeman to stop me and search me or try to see if I'm high?

And finally if I was smoking in my apt and someone called the cops...the cops come and smell pot. Is that probable cause right there? If not and I say they cant come in are they going to get a warrent and tear my place apart? If they are going to get a warrent for sure is it even worth it for me to piss them off by refusing to let them come in or should I just give up and admit guilt?

Thanks for any answers. Just want to educate myself and looking though legal codes can be difficult.
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Old 02-16-2004, 11:46 AM   #2
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Public intoxication at the worst. It won't be too bad of a penalty.

If your smoking in your apartment and somebody calls the cops, they will probably bust you with or without a warrant. Regardless, don't consent to searches. Although, if they are going to search don't use force against them, remember they have guns. Peace, HN-
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Old 02-16-2004, 01:46 PM   #3
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Well, walking around high isn't too big of a deal. If a cop smells Cannabis on you however, he'll most-likely stop you and ask to search you. Some cops will, some cops won't - that's just how it is. As far as your house, probable cause will be used if they smell burning Cannabis, that's all the probability they need.
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Old 02-16-2004, 03:03 PM   #4
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Actually, they still need a warrent to search your house. So what they'll do is leave a cop sitting in your doorway, watching you, while the other cop goes to get a warrent.

Anyway, being high in public could lead to public intoxication, and some states have laws against being high in public. It'll also most likely lead to a search of you, and possibly your home if you live in a small town and the cops have nothing better to do.
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Old 03-03-2004, 04:22 AM   #5
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I was waiting online once in a convience store, retarded off my ass (dont remeber if i had anything on me or not) and talking out of my ass with my friend, my eyes were probably red as hell too, a cop was right in front of us but i just kept it cool and they didnt even suspect anything

Just dont bug out when a cop is around you, thats when theyll want to bust your balls
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Old 03-03-2004, 05:07 AM   #6
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I don't see how a cop can just see you walking and then think to himself that you are high and he is going to search you. He really can't prove anything, I'm not sure if I've even heard of anyone walking around that has been fined for being high (that is, if they have nothing on them).

Heh, that reminds me, one time I went to the grocery store at like 12:30 to pick up a 1/5 of Everclear for the Jungle Juice that just ran out; I had a blunt already rolled and in my ear and I walked right in, got what I needed, and left. I didn't realize until I was out in the car. Freaked me out for a second, then I realized that to everyone else it just looked like a cigar. You have to realize from other people's points of view too I guess.
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Old 03-03-2004, 05:30 AM   #7
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Talking Eye spy

Quote:
Originally Posted by Red
You have to realize from other people's points of view too I guess.
Thats for sure , People don't usually see the things that they arn't looking for if your not being blatent about it

As for being legally stoned, I have never heard of any way that you can be tested for currant intoxication in the case of MJ as the cannabanoids stay in the body long after the psychactive effects have worn off.

Just keep it on the low and you're good to go

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Old 03-03-2004, 06:13 PM   #8
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I just try to smoke in a well ventilated area and then keep my distance for awhile to sort of air out!!
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Old 03-03-2004, 09:56 PM   #9
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The worst they would get you with if you were high in public is public intoxication, which isnt that bad, most likely no jail time(as long as you have nothing on you). Being paranoid like this is natural, everyone who just started smoking is like that. Just remember, be cool when your in public when your baked, nobodys gunna see a guy walk in a bar and be like "hey I bet that guy is high, lets call the cops", only if you do something stupid. And as for searching your house if they smell weed, they cant do it without a search warrant, but they can very easily just go get one, you should save them the trouble and let them search(depending on how much you have) because if you copperate, they'll remember and let you off easier.
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Old 03-04-2004, 05:32 AM   #10
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it seems like most of you guys are just bein ay too paranoid. to me it sounds retared that a cop would search someone for smelling like weed or looking stoned, never mind arrest them. Thats just not heard of, at least not around here.
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