Drug Possession: How Do Drug Laws Work?
Question by jilly: How do drug laws work?
I know that when you deal drugs or possess them you can get a prison sentence, but if you have taken a drug and it is in your system, but you no longer have it on your body, is it considered “possession” ?
I.e if you have an LSD tab in your pocket, that is “possession” – but if you take the tab and no longer have it in your pocket and get caught high by the police, is that considered possession and will you get fined?
Best answer:
Answer by Bugglby
you can argue that they largely don’t work.
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More Drug Possession Information…
You can put any substance into your body. Your body is Yours, it was ruled part of life , liberty, and pursuit of happiness by Supreme Court when Prohibition passed.
So, the law can only charge you with being under influence in public, in this case. In your own home, no, nothing.
If a drug is in your body, that is possession. But it’s usually considered being “under the influence”. However, unless you are driving a car or on public property, they usually don’t do anything. For instance, if you are drunk as a skunk but in your own yard not bothering anyone, that’s not a crime. But if you are drunk as a skunk at the gas station, that’s illegal. Same thing for all other drugs. As long as you aren’t driving a car they usually don’t test you. And since LSD only shows up in spinal fluid that’s pretty much never tested for. But if you run around naked at the mall while taking LSD, you’ll probably just be charged with being under the influence and indecent exposure.
In Utah, if they find that you are being affected by an illegal substance, they still charge you with possession. They say that you technically are a container and thus are still in possession of the illegal said substances.
You wouldn’t be charged with possession since it’s not in your possession physically in your pocket or anywhere on you. It is in your system though, and if they can tell you’re under the influence you can get charged with being under the influence of an illegal substance. And if they pull you over while driving under the influence of drugs, that carries the same penalties as driving under the influence of alcohol. If you’re in public high, you can also get charged with public intoxication or under the influence in public.