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is being high illegal?

Discussion in 'Apprentice Marijuana Consumption' started by of montreal, May 26, 2010.

  1. In Cali at least, the law says it's illegal to possess. It doesn't mention being high, as far as I know. Is it legal to be high? Does it differ if you're in public?
  2. As far as I know the simple act of having a particular chemical in your system is NEVER illegal. If you think about that for a minute you will realize why.

    You are, however, expected to know when you are intoxicated. Therefor being overly intoxicated in public is a crime, regardless of the substance, as is being intoxicated while driving.
  3. yes it's illegal but you're protected

    in some states it doesn't matter whether drugs are in your hand or your blood stream, you possess it just the same

    you would have to get arrested and submit a test

    cars are a different thing
  4. The presence of any substance in your system is not illegal because it cannot be legally proven that you ingested the substance of your own free will, or for that matter that it was in fact illegal when you did ingest it, since they cannot determine the exact moment at which you toked up, and you may have been in another state/country where you were obeying the law perfectly.

    This is why they all fall under public intoxication and specific drug charges must be possession related.
  5. yeah its illegal man lol... being high while driving/in public is ILLEGAL!!! Why would it be any different from alcohol?? haha

  6. Those both fall under public intoxication and driving while intoxicated. There is no legal precedent for the presence of THC in your system being considered a crime. The only thing that is illegal is not properly handling the effects.
  7. my guess is if the cops think your high they can have the right to search you and if you have possesion then it's illegal

  8. Now we venture into the legal concept of "probable cause", one of the most highly debated, poorly defined, and legally sketchy terms in the world.

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