My question relates to legal practice in the state of:
Apparently, there is a particularly strange and disgusting trend going on amongst very desperate drug addicts. There are apparently people turning to the gases produced by sewage to create some sort of high. They collect excrement and urine in bottles, place balloons on top, and then they allow it to "ferment" in the sun. The desperate junkies will then inhale the fumes and get "high" off of it. Obviously, it is a very rare practice, even amongst desperate addicts. However, apparently some addicts in Africa use it on a regular basis, and there is suspicion that it is occurring amongst a very, very small number of horribly strung out people in the states. I would be very curious as to the legal status of this practice with regard to driving and other legal statues related to substance use. I obviously know that it is a DUI/DWI aware to drive under the influence of a certain BAC or higher. It is also obviously a DUI/DWI of some kind to drive while on illicit drugs to any degree of intoxication.
However, this isn't alcohol, and it isn't an illegal drug. Let's just say this hypothetical jenkem user were to be obviously intoxicated (e.g. swerving around the road basically), it would seem they could be charged with reckless driving....... even though I doubt there is a specific statue on the books about inhaling raw sewage :wallbang: Now, I feel like the situation would be more complex if the hypothetical user appeared coherent and was obeying the rules of the road while they were driving under the influence of jenkem. If one drives with a BAC below 0.08, it is not considered a DUI unless their ability is very clearly seriously impaired. However, it would be impossible to determine one's level of jenkem intoxication as with alcohol, and it isn't an illegal drug. There also wouldn't even be any way to test for it (although reeking of raw sewage would probably be a clue :rolleyes:), but I feel like the lack of a 'drug test' for it would seriously interfere with prosecution of any cases resulting from it's use with regard to driving. Also, could it potentially fall under an "open container" law. If the hypothetical jenkem user were inhaling this 'drug' while walking around publicly, could the bottle of raw sewage be considered an "open container"?
I also feel like this 'drug' would be more of an issue for the department of health than anything. I am aware that if one lives in extremely unhygienic conditions, one's home can be condemned by the board of health. I would think that having bottles of human waste and urine with balloons on top all over your house would qualify as condemnable for health risks by the board of health. However, could they actually force someone to leave their own home, due to this or any other reason for condemning the house?
P.S.- This is all purely hypothetical, and it has no bearing on me whatsoever and certainly never will under any circumstances. I can't even imagine what would be going through someone's mind that is doing this, and I can't even comprehend that people even consider taking this stuff. I wouldn't even want to be in the same room with it or people that are on it. When I heard about this, as a person that is interested in learning about laws regarding various things, these were just questions that naturally came to mind when I saw the news reports on it.
Apparently, there is a particularly strange and disgusting trend going on amongst very desperate drug addicts. There are apparently people turning to the gases produced by sewage to create some sort of high. They collect excrement and urine in bottles, place balloons on top, and then they allow it to "ferment" in the sun. The desperate junkies will then inhale the fumes and get "high" off of it. Obviously, it is a very rare practice, even amongst desperate addicts. However, apparently some addicts in Africa use it on a regular basis, and there is suspicion that it is occurring amongst a very, very small number of horribly strung out people in the states. I would be very curious as to the legal status of this practice with regard to driving and other legal statues related to substance use. I obviously know that it is a DUI/DWI aware to drive under the influence of a certain BAC or higher. It is also obviously a DUI/DWI of some kind to drive while on illicit drugs to any degree of intoxication.
However, this isn't alcohol, and it isn't an illegal drug. Let's just say this hypothetical jenkem user were to be obviously intoxicated (e.g. swerving around the road basically), it would seem they could be charged with reckless driving....... even though I doubt there is a specific statue on the books about inhaling raw sewage :wallbang: Now, I feel like the situation would be more complex if the hypothetical user appeared coherent and was obeying the rules of the road while they were driving under the influence of jenkem. If one drives with a BAC below 0.08, it is not considered a DUI unless their ability is very clearly seriously impaired. However, it would be impossible to determine one's level of jenkem intoxication as with alcohol, and it isn't an illegal drug. There also wouldn't even be any way to test for it (although reeking of raw sewage would probably be a clue :rolleyes:), but I feel like the lack of a 'drug test' for it would seriously interfere with prosecution of any cases resulting from it's use with regard to driving. Also, could it potentially fall under an "open container" law. If the hypothetical jenkem user were inhaling this 'drug' while walking around publicly, could the bottle of raw sewage be considered an "open container"?
I also feel like this 'drug' would be more of an issue for the department of health than anything. I am aware that if one lives in extremely unhygienic conditions, one's home can be condemned by the board of health. I would think that having bottles of human waste and urine with balloons on top all over your house would qualify as condemnable for health risks by the board of health. However, could they actually force someone to leave their own home, due to this or any other reason for condemning the house?
P.S.- This is all purely hypothetical, and it has no bearing on me whatsoever and certainly never will under any circumstances. I can't even imagine what would be going through someone's mind that is doing this, and I can't even comprehend that people even consider taking this stuff. I wouldn't even want to be in the same room with it or people that are on it. When I heard about this, as a person that is interested in learning about laws regarding various things, these were just questions that naturally came to mind when I saw the news reports on it.
Legal Research: Laws on Jenkem
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