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Is It Illegal to Text About Drug Use?

By Ceylan Pumphrey, Esq. | Last updated on

From posting a video abusing an animal on Facebook to "joking" about gun violence on Instagram, it seems that people think they're untouchable when it comes to their activities on social media.

While some people may be more cautious about what they post online because they realize that those posts aren't exactly private, they may not be as cautious about the texts they send. However, there are times that texting can get you into trouble with the police.

For example, sending someone a threatening text could result in criminal charges being filed against you. But, what about texting about doing something illegal, like using drugs? Well, although texting about drug use isn't necessarily illegal, there are circumstances where it could end up involving you in a criminal investigation.

How a Text Can Involve You in a Criminal Investigation

Generally speaking, police are going to be more concerned about texts that involve selling drugs because that's a more serious crime than using or possessing illegal drugs. But, if police arrest a suspected drug dealer and your name and number comes up in his or her phone, you could potentially become involved in a criminal investigation. Your involvement may simply be as a witness to build a case against the drug dealer.

It's also possible that the text could lead to a criminal investigation against you, but as stated before, the criminal investigation would likely be for drug possession, not for just texting about drug use. It's important to remember, however, that police would have to get a search warrant before searching your home or car, and it's unlikely that a text would be enough to support probable cause.

A good rule of thumb is to avoid writing things down -- whether in a text, email, or on social media -- that you don't want a record of, especially if it's about using illegal drugs. And, if a text about drug use does lead to your arrest, it's a good idea to get in touch with a criminal defense attorney near you.

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