can you be arrested for being high?

Discussion in 'Places and People' started by chadwilsonx, Nov 4, 2005.

  1. chadwilsonx chadwilsonx

    • New Member
    • Since: Aug 14, 2005
    • Posts: 324
    Hey,

    Prob a stupid question but can you be arrested for just being high as long as you are not operating a motor vehicle or are not causing any trouble? I mean could you theoretically walk into a police station and tell them that you are high and were smoking weed? What could they possibly arrest you for?

    Also, do you guys know of any good sites that point out all of our rights in detail as far as search and seizure and probable cause, etc. Don't send me a link to the Constitution, I know what it says. I am looking for a guide that says what happens most of the time and gives pragmatic advice.
  2. t-1000 t-1000

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    • Since: Apr 26, 2005
    • Posts: 1,896
    It is my understanding that you could be charged for being high, but only if you were in a public place, making it some form of public intoxication or something like that.

    Basically, it is "possible" but very unlikely. I do not think I have ever heard of anyone getting charged for it.

    This is one of the primary reasons I always say that you should smoke in a safe place, then do what you want while high (except drive... I am against that, as I believe it to be playing with other people's lives)
  3. G-Force G-Force

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    • Since: Oct 6, 2005
    • Posts: 154
    It is illegal to use illegal substances or black listed drugs for recreational use though here anyway it isn't enforced.

    As for driving while stoned a recent BBC tv bit tested a guy sober then after he smoked a nice spliff. As it turned out he actually drove better high infact i don't know anyone out of all the people i know who drive high all the time is that they or anyone else i've heard of has ever got into a fatal accident while stoned.
  4. Yaznaki Yaznaki

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    • Since: May 1, 2005
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    Public Intoxication is very much against the law. You _CAN_ be arrested for it, tho it'd be a waste of time for all but the most penile officers of the law, unless you're causing mayhem of course, or have your kid out with you...



    is penile a word? I like it....
  5. voltion voltion

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    • Since: Mar 20, 2005
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    Yep, the definition of penile is: of or relating to the penis; "penile erection" ;)

    You could technically be arrested but I don't know how they could prove it. Don't worry about it tho cos you ain't gonna get arrested for it.
  6. homemadebubbler homemadebubbler

    • Always bubblin'
    • Since: Jun 2, 2005
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    I always wondered that. Thanks guys :wave:
  7. Haddock Haddock

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    • Since: Aug 2, 2002
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    As far as I know, some states have "public intoxication" laws. Which means if you're out in public and you're high, then it's illegal. I believe it's only two or three states that have them though.
  8. Dank Nugz Dank Nugz

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    • Since: Jan 10, 2005
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    It's my understanding that you can get a DWI(driving while intoxicated) if you are driving while high. I don't know if that's correct, though.
  9. Green-Lantern Green-Lantern

    • Sr. Member
    • Since: Feb 26, 2005
    • Posts: 1,241
    If you're driving high, they can't prove it, because unlike for alcohol (breathalizer test) they don't have anything to test for THC levels. Anyways, here.. in Edmonton, I don't think you can be arrested for being high.
  10. homemadebubbler homemadebubbler

    • Always bubblin'
    • Since: Jun 2, 2005
    • Posts: 9,043
    Not here in Philly. If they think you're driving high they'll bring you to the nearest hospital and piss test you.... Its called the zero tollerance law
  11. Midnightsmoker Midnightsmoker

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    • Since: Sep 16, 2004
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    I'd say if you're not driving or causing a big scene no one is going to hassle you.
  12. Restricted Restricted

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    • Since: Jul 13, 2004
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    Pretty much.
  13. joel223 joel223

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    • Since: Aug 11, 2005
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    I've never been arrested for being high in public, cops might give you a hard time like "why are your eyes so low and red" but I doubt they can take you to jail for it... I dunno, maybe they could give you a P.I.???
  14. UberDouche UberDouche

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    • Since: Mar 4, 2005
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    Even if they piss-tested you, that would only prove that you have ingested THC within a certain number of days past. There is no test for determining if someone is high, as there is for drinking.

    Therefore, I am of the mind that you could walk into a police station, tell them you were high, and so long as you didn't have any product or paraphanelia on you, you would be fine. Not saying that's a good decision, but I think you could get away with it.
  15. Smoke_THC Smoke_THC

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    • Since: Oct 9, 2005
    • Posts: 1,136
    i dont know, but if it is a law in some states, i bet only those ****ed up cops do it. you know, the ones who dont have anything better then ruining parties and busting kids for having a plant. ahh cops are suck f*gs, fu*k cops
  16. troublemaker420 troublemaker420

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    • Since: Mar 2, 2004
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    To clear some things up

    1. Yes, you CAn be charged for DUI/DWI for driving high. While there aren't "breathylyzers" for pot, they WILL arrest you and have you submit to a urine screen if they believe you are high. Its becoming more and more common here in the US for this to happen.

    2. As far as being arrested for being high....it depends. Many locales have public intoxication laws, as do many states. Its certainly higher than the 2-3 states like Haddock mentioned. Also, some states, such as my home state of SD, have other laws pertaining to this. In SD, its a crime to "be under the influenece of an intoxicant other than alochol". Also, while usually not used for marijuana cases, SD also has one of the most f**ked up laws in the nation concerning drugs.....a positive urine screen (done by law enforcement, for whatever reason) can ge you charged with possession of whatever drugs are found in your urine. Theoretically, I could be arressted for possession for a joint I smoked a week ago under this law.
  17. Bong Master Bong Master

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    • Since: Nov 9, 2005
    • Posts: 96
    its not illegal to smoke weed, its only illegal to have weed in your possesion
  18. troublemaker420 troublemaker420

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    • Since: Mar 2, 2004
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    Did you not read what I posted right above you? In some places, its basically considered the exact same thing!!!! What, you though i made it up or something?:rolleyes:
  19. Drunk Monkey Drunk Monkey

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    • Since: Oct 26, 2005
    • Posts: 134
    I dont think they can charge you for being high because I was watching cops one day and some old guy was snorting coke earlier and wqas still high and they only could tell him to go back to his house and when they were interviewing the cop after the scene he said "unfortunately its not a crime to be high".
  20. Blunted Blunted

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    • Since: May 29, 2001
    • Posts: 5,179
    ^^ Yeah, but some states have public intoxication laws, so you could be arrested, in some states, but not others.

    If you're a minor and you admit to being high, I'm sure the cops could detain you and call your parents no matter where you're at. It may not be standard procedure, but I'm sure they could...I know people who's had it happen before. I guess it all really depends on what the cop wants to do and which state you live in...

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