No, he's describing someone so stoned out of their mind they don't know how to drink a soda. I feel most people would read his comment and understand that.
It is illegal under NY Penal Law § 240.40 to appear in public under the influence of narcotics or other drugs (to the degree that you may endanger yourself/others/property or annoy people nearby). This is a violation (not a crime/misdemeanor), punishable by up to 15 days in jail and a fine of up to $250.
I didn’t read his comment as saying it was a crime. Parent was commenting about feeling unsafe. People walking around stoned and trying to drink a soda bottle upside down does make some people feel unsafe because you don’t know what their next move is. Incidents like this have become more common in the last 10 years.
