Depends on the state law. In Virginia, the relevant code section is:
§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.
If any person profanely curses or swears or is intoxicated in public
, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.