Can You Get Arrested Just For Being High in Miami?

 Posted on February 12, 2026 in Drug Crimes

If you are worried about whether being high in public can lead to an arrest in Miami in 2026, the answer is more complicated than a simple yes or no. Florida law does not make it a crime to simply be under the influence of drugs in public. However, certain behaviors while intoxicated can definitely get you arrested.

If you’ve been arrested after being high in public, you could be facing anything from possession charges to disorderly intoxication. Whatever the specific charges are, you need a Miami criminal defense attorney who knows how prosecutors think and how to fight criminal charges.

Is Being High Illegal in Florida?

Florida does not have a law that specifically criminalizes being under the influence of drugs in a public place. Unlike drug possession, which is clearly illegal under Florida law, simply being high without having drugs on you is not automatically a crime unless you’re obviously acting high.

This is different from alcohol. For alcohol intoxication, Florida has a specific statute addressing disorderly intoxication. Under Florida Statute 856.011, you can be charged with disorderly intoxication if:

• You are intoxicated and either endanger the safety of another person or property.
• You cause a public disturbance while in a public place.

What Charges Can You Face If You Are High in Public?

Even though being high is not automatically illegal, police officers may arrest you if they believe you are intoxicated on drugs in public.

Disorderly Intoxication

If you are obviously on drugs and your behavior creates a public disturbance or endangers others, police can charge you with disorderly intoxication. This is a second-degree misdemeanor in Florida. You could face up to 60 days in jail and a fine of up to $500.

With disorderly intoxication, your behavior must go beyond simply being high. You must be causing problems. Examples include yelling at people, stumbling into traffic, getting into fights, or refusing to leave a location when asked.

Drug Possession Charges

This is the most common way people get arrested when they are high. Police do not arrest you for being under the influence, but for having the drugs themselves. If officers find any controlled substance on you or in your immediate area, you can be charged with drug possession.

Florida recognizes two types of possession. Both types can lead to criminal charges:

Actual possession means the drugs are on your person, such as in your pocket or bag. Constructive possession means the drugs are in an area you control, such as in your car's glove compartment.

Other Charges that Can Come from Being High in Public

If your intoxicated behavior crosses certain lines, police may arrest you for other offenses. Public urination, trespassing, resisting arrest, or assault charges can all stem from situations where someone is high and makes stupid decisions. These charges have less to do with drug use itself than with behavior.

Can Florida Police Just Search You If They Think You Are High?

This is an important question that affects your Fourth Amendment rights. Police cannot search you simply because they suspect you are under the influence of drugs. They need either your consent, probable cause to believe you are committing a crime, or a valid warrant.

However, if police have reasonable suspicion that you are carrying drugs, they may pat you down for weapons or conduct a search. Officers might claim they smell marijuana or see drug paraphernalia. These observations can provide the probable cause they need to search you.

Many drug possession cases can be challenged based on illegal searches. If police violated your rights during the search, any evidence they found may be inadmissible in court. This is one reason why working with an attorney who understands search and seizure law is so important.

Call a Miami, FL Drug Crimes Defense Lawyer Today

If you’ve been arrested on drug charges of any kind, our Miami criminal defense attorney understands what you are facing and fights aggressively to protect your rights.

We offer free consultations and are available 24/7 to discuss your case. As a former prosecutor who is local to Coconut Grove, Attorney Julian Stroleny brings insider knowledge of the Miami-Dade criminal justice system to your defense. Contact Stroleny Law: Criminal Defense Attorney at 305-615-1285 today to discuss your case and learn how we can help.