Penal Law § 240.40

Appearance in public under the influence of narcotics or a drug other than alcohol  ·  as in force on May 31, 2026

§ 240.40 Appearance in public under the influence of narcotics or a drug

other than alcohol.

A person is guilty of appearance in public under the influence of narcotics or a drug other than alcohol when he appears in a public place under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.

Appearance in public under the influence of narcotics or a drug other than alcohol is a violation.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/240.40

In plain English

Appearing in public under the influence of narcotics or another nonalcohol drug to a degree that may endanger the person, others, or property, or annoy nearby people, is a violation. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.