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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.

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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 assumptionWhat the law actually does
The assumptionBeing drunk in public is the offense this section namesWhat the law actually doesThe section covers narcotics and drugs other than alcohol
The assumptionBeing high anywhere outside is enoughWhat 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)
  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.

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