# Is being high in and of itself illegal?

**URL:** <https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572>\
**Category:** Factual Questions\
**Created:** [May 8, 2015, 7:17pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572 "2015-05-08T19:17:38Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Oedipus](https://avatars.discourse-cdn.com/v4/letter/o/8e7dd6/32.png) [@Oedipus](https://boards.straightdope.com/u/Oedipus)\
**Post date:** [May 8, 2015, 7:17pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572/1 "2015-05-08T19:17:38Z")

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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.

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**Author:** ![Doug\_Bowe](https://avatars.discourse-cdn.com/v4/letter/d/df788c/32.png) [@Doug\_Bowe](https://boards.straightdope.com/u/Doug_Bowe)\
**Post date:** [May 8, 2015, 7:26pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572/2 "2015-05-08T19:26:46Z")

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Where’s the evidence to arrest?

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**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\
**Post date:** [May 8, 2015, 7:35pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572/3 "2015-05-08T19:35:07Z")

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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.

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**Author:** ![yoyodyne](https://avatars.discourse-cdn.com/v4/letter/y/a9a28c/32.png) [@yoyodyne](https://boards.straightdope.com/u/yoyodyne)\
**Post date:** [May 8, 2015, 7:37pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572/4 "2015-05-08T19:37:06Z")

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Off your porch there’s [public intoxication](http://en.wikipedia.org/wiki/Public_intoxication).

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [May 8, 2015, 7:41pm UTC](https://boards.straightdope.com/t/is-being-high-in-and-of-itself-illegal/719572/5 "2015-05-08T19:41:37Z")

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> [@yoyodyne](#):
>
> Off your porch there’s [public intoxication](http://en.wikipedia.org/wiki/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.