A friend at work the other day got nabbed for having pot in his car when a cop pulled him over. Got me thinking about the laws and how all the ones you hear about are possession, trafficking, selling, manufacturing, driving under the influence, etc.
If you’re sitting on a lawn chair out in the yard basking in the sun with Hendrix on the stereo and you’re higher than a kite, but with absolutely no weed on your person or in your house, nor paraphernalia, and only the smell of weed to go off of, could you still be arrested for just being high right then and there?
I’m sure this is a dumb question but I have no idea of the answer.
Where’s the evidence to arrest?
It isn’t illegal to have done drugs in the past. That is one reason why famous people sometimes freely admit it without the fear of legal repercussions. You may be able to get related charge like disorderly conduct if you are really acting up but there is no charge just for being high.
It would be harmful if it was a potential charge. People would worry about going to the hospital or seeking other kinds of help while they were high.
Off your porch there’s public intoxication.
But of course for most states (and other countries) it seems that the crime is along the lines of “drunk and disorderly”. So, you need to be doing something more offensive than sitting harmlessly in a lawn chair on your own property.