Is It Illegal to Have a Controlled Substance in Your System

Is it true that although it's illegal to posses a controlled substance, it's NOT illegal to have it in your system?

Like for example, if someone gets arrested and he doesn't have any cocaine on him but is high on cocaine and they do a blood test and can confirm that he indeed has cocaine in his system, he won't get in trouble right?

I read this in the Wolf of Wall Street book.

You still posses it. Just internally rather than externally.

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Quoting MaxiSiagga

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Is it true that although it's illegal to posses a controlled substance, it's NOT illegal to have it in your system?

Like for example, if someone gets arrested and he doesn't have any cocaine on him but is high on cocaine and they do a blood test and can confirm that he indeed has cocaine in his system, he won't get in trouble right?

I read this in the Wolf of Wall Street book.

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What state are you referring to?

If you have a controlled substance in your system you could be charged with being under the influence of that substance. Laws related to influence and possession vary by state, so you'll have to look up your state's laws on the issue.

In your example, the suspect can be charged with being under the influence of a controlled substance. Whatever you read is bogus.

Some jurisdictions have charged people with internal possession of drugs. What happens in the OP's unidentified state? Unless he chooses to belatedly follow the instruction to identify his state, he can research that himself.

It is illegal to possess drugs. It is not illegal to be under the influence of drugs. If you are driving while on drugs, that is not a discussion about possession. That's a question about operating a motor vehicle while under the influence. OP is confusing possession with being under the influence of something. In OPs situation (I'm familiar with what he cites), a cop cannot cite someone for simply being "high". Now if the person can be found guilty of public intoxication laws, etc. that is a different story. But the act, in and of itself, of being "high" on something, is not a crime. However, doing something else, like driving, or walking on a public street, while being "high" would result in arrest, but for a different violation that "being high".

[QUOTE=PADriver13;851005 It is not illegal to be under the influence of drugs. [/QUOTE]

That's not universally true. As Mr. K points out, some states have internal possession laws (New Hampshire is one I know of).

Further being a passenger in a car is "in public" in most jurisdictions.

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Quoting PADriver13

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It is illegal to possess drugs. It is not illegal to be under the influence of drugs.

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Yes, it IS illegal to be under the influence of controlled substances! Most of them, anyway. Alcohol and marijuana may be the two most notable exceptions ... at least in my state. In CA you cannot be charged with public intoxication unless you are so drunk or high that you are a danger to yourself or others. For other drugs, all we need to determine is that you are under the influence - even if not a danger.

Oh, and in many (most? All?) states, being under the influence of controlled substances can be illegal even in your own home.

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If you are driving while on drugs, that is not a discussion about possession.

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Correct. DUI can be for both drugs and alcohol.

The question appears to be about internal possession, not public intoxication.

Well, the thread was titled: "Is it illegal to have a controlled substance in your system." The answer to that in most every state with at least the "hard" drugs is, "Yes!" ... even if you are not acting all whacked out, merely exhibiting the objective signs of being under the influence can be enough to support an arrest and prosecution.