Legal Question in Criminal Law in Minnesota
High on Drugs
Although it is illegal to posses or sell illegal drugs, is it illegal to just be high on a drug? Of course it would half to be a situation when the person would not be driving or be at work, but say just walking down the street or shopping at the mall or something like that.
1 Answer from Attorneys
Re: High on Drugs
Though I don't recall the case name, I seem to recall from law school an old U.S. Supreme Court case that said a state cannot constitutionally criminalize a "status" such as being an alcohol-addict. Presumably that would apply to other drugs, as well. So, I would be surprised if a state could criminalize the "status" of "being high" on an illegal drug. On the other hand, there are laws criminalizing "disorderly conduct," "driving while intoxicated," "possession of alcohol or marijuana in a motor vehicle," etc. Another related area might be administrative school-displine regulations, employer drug testing and displine, etc., which are not criminal laws.
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