Public Intoxication
Penal Law § 240.40 — under the influence of a drug other than alcohol, in public, to a dangerous degree
In New York, the penal law offense for appearing in public under the influence is written for narcotics and drugs other than alcohol. Its title says so.
The degree that matters. A person commits the offense by appearing in a public place under the influence of narcotics or a drug other than alcohol to the degree that the person may endanger themselves or other persons or property, or annoy persons nearby.
A violation. Appearance in public under the influence of narcotics or a drug other than alcohol is a violation.
| The assumption | What the law actually does |
|---|---|
| The assumptionBeing drunk in public is the offense this section names | What the law actually doesThe section covers narcotics and drugs other than alcohol |
| The assumptionBeing high anywhere outside is enough | What the law actually doesIt takes a public place and a degree that may endanger people or property, or annoy those nearby |
Disorderly conduct, open container rules set by local law, and driving while impaired are separate from this page. What a particular situation carries is a question for a licensed New York attorney.
Sources for this section (1)
- Penal Law § 240.40 — Appearance in public under the influence of narcotics or a drug other than alcohol
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.