UK - Is it legal?

[CuriousJOE]

Friend was wondering if having taken, and beng under the influence of a class A substance is illegal and an arrestable offence?

May well be stupid question.

[Fat Cop]

If one has none of the substance left on him and he is in his home than no you cant get arrested for that. If one is out in public than yes you can get arrested for that, but only if it is obvious that you are intoxicated.

[Pondlife]

In the UK, being under the influence of a proscribed substance is not an offence in itself. It does not count as "possession" under the misuse of drugs act.

However, impairment due to drugs can be an offence. The most common example is driving while unfit through drink or drugs. In these situations, the offense is the effect of the drugs, not the drugs themselves, so it wouldn't make any difference if the substance was class C (e.g. GHB) or class A (e.g. Heroin).

Also, obvious impairment can give a police officer cause for suspicion, which may result in some questions.

Reputation Comments on this post:

useful info

[Mona Lisa]

That sounds about right. Would have thought one could be done for being 'drunk and disorderly' though. If arrested, the police would probably initially conduct a search for drugs however. But agree that drivers would be their main target.

[Evil GIR]

Nope and if questioned about drugs use deny everything as admitting could result in your house being searched. I would just tell the office that you had too much to drink, never admit to drug use ever.

[Sven99]

On the other hand, lying to the police can get you into trouble in and of itself. Tricky one. You have the right to remain silent before you're arrested too, but it'd be difficult to refuse to explain your intoxication without sounding snarky and giving the Police an excuse to ask you further questions. Claiming drunken-ness might be the best bet - might also be wise to tell them you're going to go home and sleep it off.

[Evil GIR]

True, but how are the police going to prove otherwise, they are unable to give you a drugs test unless you commit a crime of theft or are actualy caught with drugs on you, even then they only test for heroin and cocaine.

As far as swim is aware the police need a reason to arrest you which usualy requires some sort of evidence. The most they could do you for is breach of the peace, or being intoxicated in a public place inother words being unable to look after your self or being a pain in the ass to the public.

If swim was tripping balls and the police seen the wide eyed pupils and swim was acting normal though they had suspicion somthing was up, there is little they can do unless you admit to something.

Lying to police is not a reason to take you back to the station, evidence of some sort is.

[jaffacake]

I thought they were allowed to give you a drug test in any case they suspect involves drugs?

[Sven99]

They could search you if they had reasonable grounds to believe you could be carrying drugs. SWIM imagines this would coverbeing noticably under the influence.

Swim is not sure if they could arrest you for lying, but he suspects they wouldn't be able to. Its more that if they thought you were lying to them they might see that as indicating you had something to hide and ask further questions with a view to finding a reason to arrest you.

[aerozeppelin123]

As long as you haven't got anything on you or in your house, as far as I know you can just say yep officer I'm high on crack and there's nothing they can do for that in itself. Although that probably wouldn't be a good idea. Best thing to say is that someone must have spiked your drink or you're on 'legal highs', if it's obvious you're not drunk

[CuriousJOE]

Thank you for clarification

[Evil GIR]

Best thing to say is nothing, please don't antagonise the police, just be polite and helpful without admitting anything illegal and they will mostly leave you alone. Being cocky and arrogant and admitting illegal things will only lead to trouble.

Reputation Comments on this post:

sound advice

[Little Git]

Thankfully we still have some human rights in the UK when it comes to drugs, unlike Sweden and Thailand for example, and just being under the influence of drugs is not an offence.

Also it's not an offence to drive whilst under the influence of drugs in the UK. It's only an offence if your driving is adversely affected by drugs.

[wisol]

Still not a nice situation to be in. and if you are unlucky enough to get arrested all hell can break loose. (i should know, they thought i was a terrorist!). They can then search your premesis and effectively force you to take a drugs test as its an offence not to without valid reason and can result in 3 months in her majestys pleasure