Is it illegal to simply be high in public whether or not I am in possession?

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Is it illegal to simply be high in public whether or not I am in possession?

What if I were to get high in my house and then walk around. Could I be arrested or searched based on my eyes, behavior, or smell? By behavior, I don’t mean harassing anyone, but like acting stupid or laughing a lot. Could I be searched, questioned, or arrested my just based on that? I am a minor if that makes any difference in searching laws or whatnot.

Asked on June 10, 2019 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It almost certainly is illegal. Almost every town, city, muncipality, etc. has an ordinance (local law) making it minor offense (e.g. "disorderly conduct") to be drunk or intoxicated in public, so acting "high" in public would be against the law and could provide grounds for you to be stopped and searched.


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