Can you get in trouble for...

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Forerunner-117

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#1 Forerunner-117
Member since 2006 • 8800 Posts

...being on ecstasy? And this is assuming that the person doesn't have anything actually on them because they already took it. I started thinking about it today after I overheard some people talking about it, but I was curious to see if anyone on OT actually knew anything concrete about the matter. Would age matter? Location?

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DigitalExile

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#2 DigitalExile
Member since 2008 • 16046 Posts

Like any drug I think it's a crime to be intoxicated.

Now I think this extends to where you are and what you're doing. If you're at home I'm not sure. Out in public (a club) it's probably a crime.

But I'm not sure if you could get charged for posession.

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Forerunner-117

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#3 Forerunner-117
Member since 2006 • 8800 Posts
Ya, it's kind of a weird thing. I know being drunk in public can get you in trouble, but I had heard people saying "Oh ya well being drunk and being on drugs are two totally different things. Nothing can happen as long as you aren't in possession" and stuff like that, so I wasn't really sure what the deal there was.
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DigitalExile

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#4 DigitalExile
Member since 2008 • 16046 Posts

I'd actually like to know. I've wondered about this before, but without looking up a lw book it's not exactly public knowledge.

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theone86

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#5 theone86
Member since 2003 • 22669 Posts

Drug arrests are almost exlusively for possession. The only instance I can think of where people are arrested for having something in their system is if they're driving. You can be arrested for disorderly conduct at a public place, but no, they're not going to go down to a club, pick someone at random, test them, and charge them with being under the influence. As far as I can tell, it's not technically illegal to be on illegal drugs, it's only illegal to posses, sell, and manufacture them, and to operate vehicles or other machinary while under their influence.

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theone86

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#6 theone86
Member since 2003 • 22669 Posts

Like any drug I think it's a crime to be intoxicated.

Now I think this extends to where you are and what you're doing. If you're at home I'm not sure. Out in public (a club) it's probably a crime.

But I'm not sure if you could get charged for posession.

DigitalExile

This part I'm fairly sure is false, but it's due to a technicality. Being intoxicated is not condoned, but it's only enforced through possesion, cultivation, sale, and public decency laws, not through laws against intoxication itself.

I have never heard of anyone being prosecuted for intoxication and nothing else. They don't have the authority to actually test for intoxication unless you're doing something illegal, and then they'll usually charge you with something else.

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Tiefster

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#7 Tiefster
Member since 2005 • 14639 Posts

Yeah...I'm not sure if they can charge you with anything, depends on where you live, I got mandatory drug counseling.

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-_Rain_-

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#8 -_Rain_-
Member since 2009 • 886 Posts

Of course.

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Neon-Tiger

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#9 Neon-Tiger
Member since 2008 • 7683 Posts

Yeah...I'm not sure if they can charge you with anything, depends on where you live, I got mandatory drug counseling.

Tiefster
Oh snap! What were you on?
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hamstergangster

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#10 hamstergangster
Member since 2009 • 25 Posts
yep
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duxup

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#11 duxup
Member since 2002 • 43443 Posts

If you're driving, or in public, yeah you can get in trouble with the law.

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Tiefster

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#12 Tiefster
Member since 2005 • 14639 Posts
[QUOTE="Tiefster"]

Yeah...I'm not sure if they can charge you with anything, depends on where you live, I got mandatory drug counseling.

Neon-Tiger
Oh snap! What were you on?

Ecstasy, ha, yeah that's when I learned not to leave the location I'm at if I'm on anything. Even if I'm just drinking and take a walk down the street the craziest **** happens to me. Just make sure if you're going to screw up do it before you turn 18 in the US.
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Big_player

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#13 Big_player
Member since 2004 • 6187 Posts
Public intoxication is the only crime you can be charged for. The supreme court ruled that people have the right to consume an substance they wished to, just not to possess, extract, cultivate, sell or buy certain substances.
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Theokhoth

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#14 Theokhoth
Member since 2008 • 36799 Posts

How in the world could you not?

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Neon-Tiger

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#15 Neon-Tiger
Member since 2008 • 7683 Posts
Public intoxication is the only crime you can be charged for. The supreme court ruled that people have the right to consume an substance they wished to, just not to possess, extract, cultivate, sell or buy certain substances.Big_player
Paradox. How can I consume a certain substance when it is illegal to possess, produce and trade it?
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Neon-Tiger

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#16 Neon-Tiger
Member since 2008 • 7683 Posts

How in the world could you not?

Theokhoth
By doing it at home and not going out until the effects go away?
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Big_player

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#17 Big_player
Member since 2004 • 6187 Posts

[QUOTE="Big_player"]Public intoxication is the only crime you can be charged for. The supreme court ruled that people have the right to consume an substance they wished to, just not to possess, extract, cultivate, sell or buy certain substances.Neon-Tiger
Paradox. How can I consume a certain substance when it is illegal to possess, produce and trade it?

While it is quite paradoxical It is the truth. Even if it wasn't true there is no way of proving that someone is under the influence of a drug, even a positive drug test does not prove that the were under the influence at the time.

Edit: This is also the irony of people who want decriminalization, it only allows for possession to be legal while producing and trading it is still a crime. So at some point in the process of arriving to possession you have committed a crime.

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Forerunner-117

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#18 Forerunner-117
Member since 2006 • 8800 Posts

[QUOTE="Big_player"]Public intoxication is the only crime you can be charged for. The supreme court ruled that people have the right to consume an substance they wished to, just not to possess, extract, cultivate, sell or buy certain substances.Neon-Tiger
Paradox. How can I consume a certain substance when it is illegal to possess, produce and trade it?

Ah, well here comes the interesting part. Technically one can argue that they didn't take the drug on purpose (for example, they could argue that they didn't know what it was or that someone slipped it into their drink for lulz; or at least that's what I've heard). So if that's true, it seems like they might not even be able to get you for public intoxication. Dunno, it's an interesting topic for sure.

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LJS9502_basic

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#19 LJS9502_basic
Member since 2003 • 180169 Posts

[QUOTE="Theokhoth"]

How in the world could you not?

Neon-Tiger

By doing it at home and not going out until the effects go away?

If a medical condition arose and drugs were found in your system I think you can be charged.....because they are illegal. Doesn't matter where you are.

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Big_player

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#20 Big_player
Member since 2004 • 6187 Posts

[QUOTE="Neon-Tiger"][QUOTE="Theokhoth"]

How in the world could you not?

LJS9502_basic

By doing it at home and not going out until the effects go away?

If a medical condition arose and drugs were found in your system I think you can be charged.....because they are illegal. Doesn't matter where you are.

I doubt a situation like this could occur, as the doctors would not be able to release the medical records to the police without warrant. Also it would be near impossible to prove intent, as what if I took an ecstasy pill that was chopped with illegal amphetamines. How could they charge me with amphetamine use when I had no intent to use it.
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Forerunner-117

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#21 Forerunner-117
Member since 2006 • 8800 Posts
[QUOTE="LJS9502_basic"]

[QUOTE="Neon-Tiger"] By doing it at home and not going out until the effects go away?Big_player

If a medical condition arose and drugs were found in your system I think you can be charged.....because they are illegal. Doesn't matter where you are.

I doubt a situation like this could occur, as the doctors would not be able to release the medical records to the police without warrant. Also it would be near impossible to prove intent, as what if I took an ecstasy pill that was chopped with illegal amphetamines. How could they charge me with amphetamine use when I had no intent to use it.

Ya that's a good point.
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Vashn

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#22 Vashn
Member since 2008 • 1416 Posts

I'd say no, but i never took ectasy due to being too afraid of it, so im not sure how noticible you act while under it

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Toriko42

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#23 Toriko42
Member since 2006 • 27562 Posts
It's a crime, don't do it. It's not worth it. I swear to god I did something I dearly regret. I can't say it here...
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theone86

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#24 theone86
Member since 2003 • 22669 Posts

[QUOTE="Neon-Tiger"][QUOTE="Big_player"]Public intoxication is the only crime you can be charged for. The supreme court ruled that people have the right to consume an substance they wished to, just not to possess, extract, cultivate, sell or buy certain substances.Big_player

Paradox. How can I consume a certain substance when it is illegal to possess, produce and trade it?

While it is quite paradoxical It is the truth. Even if it wasn't true there is no way of proving that someone is under the influence of a drug, even a positive drug test does not prove that the were under the influence at the time.

Edit: This is also the irony of people who want decriminalization, it only allows for possession to be legal while producing and trading it is still a crime. So at some point in the process of arriving to possession you have committed a crime.

I can't really speak for all drugs because I know the legalization arguments for harder drugs are different than the ones for cannabis, but with cannabis we want it regulated and sold like alcohol or tobacco. So no, you could buy it legally from a licensed vendor and not ever commit a crime, but if you cultivate in your backyard and sell it or buy from someone who does so it is a crime, the same way it's a crime to make whiskey in your bathtub and sell it in your backyard or grow tobacco and sell it.

Also, the point to legalizing possession and criminalizing sale is to go after the suppliers instead of the addicts. They're both involved in illegal activities, yes, but the dealers are the ones who create the market, who make a profit, and who generally cause the most visible and wide-reaching problems associated with the drug problem. The addicts, on the other hand, typically hurt only themselves and need treatment rather than punishment. We have a pretty sizable prison overpopulation problem, and it got to be that way because we threw addicts in prison for possession crimes. Not only does this deny them treatment, but it puts them in direct contact with criminal culture and tends to push them to harsher criminal actions. By going after the dealer instead not only do you reduce overpopulation by putting a proportionally smaller number of offenders in prison, but you also keep addicts isolated from the larger criminal culture and grant them proper treatment.