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Minor in Possession of Alcohol or Marijuana Denver Lawyer – C.R.S. 18-13-122

In Denver, Arapahoe County and across Colorado, it is illegal for anyone under the age of 21 to be in possession of alcohol, marijuana or marijuana paraphernalia. Regardless of the fact that an 18-year-old can vote, go to prison, or join the military, our legislature has made it illegal for people under 21 to drink alcohol, consume or possess an ounce or less of marijuana or possess marijuana paraphernalia in Denver County and across Colorado.

An underage person holding a bottle of beer is enough for a Minor in Possession of Alcohol charge in Colorado.

Sentence for Possessing Alcohol, Marijuana or Marijuana Paraphernalia in Douglas County, Colorado

The statute for illegally possessing marijuana, alcohol or marijuana paraphernalia in Castle Rock, Douglas County and across Colorado is referred to as: “illegal possession or consumption of alcohol or marijuana by an underage person” or “illegal possession of marijuana paraphernalia by an underage person.” Possessing or consuming marijuana / alcohol, or possessing marijuana paraphernalia as a minor is an unclassified petty offense. The sentencing for this crime throughout Colorado is as follows:

First Offense for Minor Marijuana, Marijuana Paraphernalia, or Alcohol Possession:

Fine of up to $100

Will be required to complete a substance abuse education program

Second Offense for Minor Marijuana, Marijuana Paraphernalia, or Alcohol Possession:

Fine of up to $100

Will be required to complete a substance abuse education program

May be required to submit to a substance abuse assessment and complete treatment recommended by the assessment

Perform up to 24 hours of community service

Third Offense for Minor Marijuana, Marijuana Paraphernalia or Alcohol Possession:

Fine of up to $250

Submit to a substance abuse assessment and complete treatment recommended by the assessment

Perform up to 36 hours of community service

Affirmative Defenses in Jefferson County to Charges of Possessing Alcohol When Underage

A skilled lawyer will be able to utilize these defenses to your advantage

  • On Private Property
  • During a Class
  • For Medicinal Purposes

There are a few circumstances in Golden, Jefferson County and across Colorado where the law allows an underage person to consume alcohol. These affirmative defenses are as follows. It is an affirmative defense to the offense of possessing / consuming alcohol under the age of 21 when:

1.The alcohol was possessed or consumed on private property with permission from the owner and their parent or guardian;

2.The alcohol is consumed as a confectionery, within limits;

3.The substance consumed wasn't designed for ingestion;

4.The substance consumed was for medicinal or hygienic purposes;

5.The beverage ingested had less than .5% of alcohol;

6.The substance consumed was consumed in a class, under the supervision of an instructor.

An aggressive criminal attorney in Jefferson County has a strong understanding of the law, and is able to utilize these defenses to your advantage. Consult an experienced criminal attorney today if your juvenile has been charged for consuming or possessing alcohol.

An MIP conviction will have a negative impact on your child's life.

Adams County Exceptions to Minor in Possession of Alcohol or Marijuana / Weed

In Brighton, Adams County and across Colorado, it is not a violation of this statute if an underage person consumes alcohol or marijuana for religious purposes. An underage person consuming ethyl alcohol or marijuana will also be immune from prosecution in other circumstances, such as if they called 911 and:

1.Provided aid of another underage person who was in distress;

2.Provided 911 with the name of the underage person in distress;

3.The underage person was the first person to call 911;

4.The underage person making the call remained on the scene with the person in need of medical assistance.

MIP Lawyer in Gilpin County: Selling or Giving Liquor / Marijuana to an Underage Person in Colorado

Sometimes, a young person in Blackhawk or Gilpin County is able to acquire alcohol, marijuana, or marijuana paraphernalia on his own; but most times, he obtains it from an older friend. At times, juveniles get alcohol, marijuana or marijuana devices from a college aged friend who works at a liquor store or who is selling marijuana. Because it is a crime to sell, give away, or allow someone else to provide alcohol, marijuana or marijuana paraphernalia to someone who is underage in Gilpin County and every other county in Colorado, the adult friend could be charged with:

  • Contributing to the Delinquency of a Minor – C.R.S. 18-6-701 (if the underage person was under the age of 18), which is a class 4 felony punishable with up to 6 years in the Colorado Department of Corrections.
  • If the young person is under the age of 21, but over the age of 18, the person who provided the alcohol (whiskey, wine, or beer) could be charged under Unlawful Acts – C.R.S. 12-47-901, which is a class 1 misdemeanor punishable by a county jail sentence.

Why You Need a Weld County Lawyer for Possessing Alcohol, Marijuana or Marijuana Paraphernalia as a Minor

If you or someone you love has been charged in Weld or Larimer County with possessing marijuana, pot, weed, alcohol or marijuana paraphernalia, then you need a criminal defense attorney on your side who has personally traveled this road before and who can relate to your situation. A child of one of our attorneys had to learn this lesson the hard way by undergoing community service hours and fines. Having a criminal charge for possessing marijuana, marijuana paraphernalia or alcohol in Colorado can seriously affect your child's future chances at scholarships, campus opportunities and careers. To ensure their future isn't damaged by a bad decision, contact one of our experienced criminal defense attorneys who will provide a vigorous defense. In some cases, your child's record can be sealed or expunged if certain conditions are met.

 

Colorado Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person – Illegal Possession of Marijuana Paraphernalia by an Underage Person – Definitions – Adolescent Substance Abuse Prevention and Treatment Fund – Legislative Declaration, C.R.S. 18-3-122

“(3)(a)

Except as described by section 18-1-711 and subsection (6) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.

(b) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses one ounce or less of marijuana or consumes marijuana anywhere in the state of Colorado commits illegal possession or consumption of marijuana by an underage person. Illegal possession or consumption of marijuana by an underage person is a strict liability offense.

(c) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses marijuana paraphernalia anywhere in the state of Colorado and knows or reasonably should know that the drug paraphernalia could be used in circumstances in violation of the laws of this state commits illegal possession of marijuana paraphernalia by an underage person. Illegal possession of marijuana paraphernalia by an underage person is a strict liability offense.”

Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the top criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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