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Is It Legal to Be High in Public?

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Is it Legal to Be High of Marijuana in Public in America

Marijuana laws are changing all over the world and in America as well, which raises many questions about its possession and use. Following the legalization of marijuana in several states in America, people have started asking whether it's legal to be high in public. Luckily, most laws are pretty clear on the subject, with a few exceptions, and this is the answer to the important legal question:

Can I Smoke Up in Public?
The answer to this question is a big NO, even in states like Colorado and Washington where pot is now legal. The national law prohibits you from using Marijuana in public, and if you do, expect a police officer to come to you and even arrest you. Recreational marijuana useis not allowed in public places in all 50 US states, even in those where it's sold in state-licensed shops.

But what if I Smoke at Home and Go Outside?
This is where things fall into a gray area. In certain states you are allowed to smoke at home (again, not outside) and you can go outside while you are high. In order to make things clearer, it was decided that being high in public falls under the definition of public intoxication. Most states treat people who are high in public as a societal nuisance rather than criminals, but you can still get arrested if you are high in public.

When? If you begin to disturb the public peace – much like with alcohol consumption. This means that if you smoke at home (or in cannabis coffee shop, a parked car and other places that don't fall under the definition of a 'public place'), go outside and start harassing people and disturbing the peace, you may get arrested.

Washington and Colorado – where marijuana use is now legal, have also decriminalized being publicly intoxicated and now treat it as a social issue.

When it comes to getting high in public, it is not allowed in all 50 states, across the board. Going out while being high is a different story, and it's mostly frowned upon rather than treated as a crime. If you have been arrested for being high in public, which can lead to you having a criminal record, you can contact a lawyer and have the charges expunged, if you were unjustly accused.


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