Here’s a thread where we talked about this: Could a burglar be arrested for stealing drugs? - Factual Questions - Straight Dope Message Board
We should send one to France to let them know when our gratitude ran out, I suppose.
If you’re looking for factual answers for states which aren’t California also, a good friend arrested someone for doing exactly what you suggested a few weeks ago.
He wasn’t charged with anything, though.
Apparently, it looks like a hand.
Correction: the applicable charge appears to be disturbing the peace.
Isn’t there a crime of internal possession, that being that since the drug wouldn’t have metabolized out of your system yet you’re still technically in possession of said drug?
[Kramer voice]
Well, I really think you’re wrong!"
[/voice]
- “Jack”
As always, this depends on the jurisdiction. California does have a law prohibiting being under the influence of drugs. When we hire former California cops, that’s one of the first things I have to make sure that they know they can’t do here (the others are: no drunk in public law and we can’t do “probable cause” searches without a warrant).