what do the police do if they see some one high on marijuana?
i heard they stp them and search them but if they dont find any drugs on them they dont have anything to charge them with so they let them on there way
- Cook MCLv 69 years agoFavorite Answer
Being high or smelling like weed is not illegal. Being in possession of it is.
They can get arrested for public intoxication or DUI, but its VERY hard to prove that somebody is high (you maintain most of your motor functions while high on THC, so field sobriety tests don't do much).
- HellespontLv 69 years ago
Police officers are trained to detect, depending on their experience; usually some one who has been on the force for more than 3 years or so; they will know the difference compared to someone fresh out of the academy.
Depending on which country, the discretionary powers of police and their work load; and also the state's legislation for criminal offences; the police can pull you over, because they have probable cause; as they may suspect that the individual may be injured, or drunken disorderly; and so forth. When you are on drugs depending on the dosage, you'll lose your balance and movement, your state of mind is altered; and you will experience similar symptoms to that of being under the influence of alcohol. So its a no brainer there in that regards.
They will shine their torches at your eyes to see if you are on Marijuana which is a tell tail sign of you being under the influence if after a search that they do not find booze or drugs; everything is all in the eyes and their visual observation of your physical characteristics and speech when they question you also.
In this case, based on the discretionary powers yet again; you will may be charged or given a caution where your details will be taken; or arrested and taken back to the police station and placed into the jail cell until the Marijuana wears off. If you have priors convictions and/or offences; you may be arrested and remanded into a jail cell until it is time for you to face a judge afterwards.Source(s): Criminal Justice Background
- Santa Ana KidLv 49 years ago
No evidence... no prosecution.
Proposition 215, passed in 1996, allows a physician to recommend cannabis to a patient with a serious and chronic medical condition. This law only provides patients with a legal defense for possession and cultivation. It does not provide immunity from ARREST.Source(s): http://bit.ly/Proposition_215
- Jayne SavageLv 79 years ago
You can be charged with being under the influence, just like public intoxication in the case of alcohol.
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- Crede Sed ProbaLv 79 years ago
depends on how the person is acting.
if there is not reason to stop them they cant search them.
or at lest that is how it was originally set up.
- 9 years ago
You would get a DRE (Drug Recognition Expert) on scene and they do their tests and decide what to do.Source(s): In Law Enforcement.
- Jimm BobbLv 69 years ago
If they are 'high', they can be arrested for public intoxication.... just as if they were using alcohol.