Drug possession laws in Colorado apply to both adults and minors, but the consequences for minors (anyone under 18) differ in key ways. While Colorado has decriminalized or legalized certain substances for adults, minors are still subject to strict drug laws. Even possession of marijuana—legal for adults 21 and over—remains illegal for those underage.
Minors caught with drugs may face criminal charges, fines, probation, mandatory treatment, and long-term consequences for their education and future opportunities.
Denver Lawyer for Minor Drug Possession
If your child has been charged with drug possession in Colorado, it’s important to act quickly. A conviction can affect their future education, employment, and legal record. Even first-time offenses can result in fines, probation, or mandatory drug education. Do not take these charges lightly.
Contact the Law Office of Matthew A. Martin, P.C. office today at (303) 725-0017 for a confidential consultation and find out how to protect your child’s rights and future. The Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.
Overview of Minor Drug Possession in Colorado
- Drug Possession Laws Involving Minors
- Defenses
- Penalties
- Diversion Programs
- Collateral Consequences
- Frequently Asked Questions
- Hire an Attorney for Minor Drug Possession
Colorado Drug Possession Laws for Minors
Possession of Controlled Substances (CRS 18-18-403.5)
Under Colorado Revised Statute (CRS) 18-18-403.5, it is illegal for anyone, including minors, to knowingly possess a controlled substance without a prescription. Controlled substances include:
- Schedule I drugs (e.g., heroin, LSD, ecstasy)
- Schedule II drugs (e.g., cocaine, methamphetamine, fentanyl, prescription opioids without a prescription)
- Schedule III-V drugs (e.g., anabolic steroids, Xanax, Valium without a prescription)
Penalties for minors depend on the type and amount of the drug:
- Possession of Schedule I or II drugs is a Level 1 drug misdemeanor, with potential probation, fines, and drug treatment.
- Possession of small amounts of Schedule III, IV, or V drugs may be a Level 2 drug misdemeanor, with lighter penalties.
- Repeat offenses or large quantities can result in felony charges, even for minors.
Underage Marijuana Possession (CRS 18-13-122)
Although adults 21 and older can legally possess marijuana in Colorado, minors cannot. Under CRS 18-13-122, it is illegal for anyone under 21 to possess or consume marijuana unless they have a medical marijuana card.
Penalties for minors caught with marijuana:
- First offense: A petty drug offense, punishable by a fine up to $100 and mandatory drug education classes.
- Second offense: Fines up to $250 and community service.
- Third and subsequent offenses: Higher fines, possible probation, and loss of driving privileges.
Possession of Drug Paraphernalia (CRS 18-18-428)
Minors can also face charges for possessing drug paraphernalia, including:
- Pipes, bongs, rolling papers
- Syringes or needles
- Scales or containers used for drugs
Possession of drug paraphernalia is a civil infraction punishable by a $100 fine, but it can lead to additional drug-related charges.
Possession of Alcohol or Prescription Drugs Without a Prescription
- Underage alcohol possession is illegal under CRS 18-13-122, punishable by fines, community service, and mandatory alcohol education.
- Unlawful possession of prescription drugs without a valid prescription falls under CRS 18-18-404 and can lead to drug misdemeanor or felony charges, depending on the drug type and amount.
Penalties for Minor Drug Possession in Colorado
| Offense | Classification | Potential Penalties |
|---|---|---|
| First-time marijuana possession | Petty drug offense | $100 fine, drug education classes |
| Second-time marijuana possession | Petty drug offense | Up to $250 fine, community service |
| Third-time marijuana possession | Petty drug offense | Higher fines, probation, possible license suspension |
| Possession of Schedule I or II drugs | Level 1 drug misdemeanor | Probation, drug treatment, fines up to $1,000 |
| Possession of Schedule III-V drugs | Level 2 drug misdemeanor | Probation, small fine |
| Drug paraphernalia possession | Civil infraction | $100 fine |
In severe cases, minors can be charged as adults, which may result in harsher penalties, longer probation, or even jail time.
Juvenile Court and Diversion Programs
Minors facing first-time drug possession charges may be eligible for juvenile diversion programs, which focus on rehabilitation instead of punishment. These programs often include:
- Drug education and counseling
- Community service
- Regular drug testing
- Probation supervision
Completing a diversion program may lead to dismissal of charges, allowing the minor to avoid a criminal record.
Defenses Against Minor Drug Possession Charges
- Unlawful Search and Seizure – If police searched a minor’s backpack, vehicle, or home without probable cause or a warrant, any evidence found may be inadmissible in court.
- Lack of Knowledge – The minor may not have known about the drugs, especially in cases where:
- The drugs belonged to someone else (e.g., found in a shared space or vehicle).
- The minor unknowingly possessed a drug-laced substance.
- Mistaken Identity – If police arrested the wrong person or misidentified the minor, this could be a strong defense.
- Lack of Evidence – If the prosecution cannot prove the drugs belonged to the minor beyond a reasonable doubt, charges may be dismissed.
Long-Term Consequences of Drug Possession for Minors
Even a minor drug offense can have long-term consequences, including:
- Criminal record (which may affect college admissions, scholarships, and employment opportunities).
- Loss of driver’s license for repeat offenses.
- Disqualification from federal student aid for college.
- Impact on custody battles or immigration status (for non-citizens).
Expungement may be possible in some cases, but it is not automatic—a formal request must be filed with the court.
What to Do If a Minor Is Arrested for Drug Possession
If your child or a minor you know is arrested for drug possession, take the following steps:
- Remain calm and avoid making incriminating statements.
- Do not allow police to conduct a search without a warrant.
- Contact a juvenile defense attorney immediately.
- Gather evidence (such as witness statements or surveillance footage) that may help the defense.
- Discuss possible diversion programs to avoid a permanent record.
Frequently Asked Questions
Can a minor go to jail for drug possession in Colorado?
In most cases, minors do not face jail time for first-time drug possession offenses. Instead, they may be required to complete probation, drug education programs, community service, or counseling. However, if the offense is severe—such as possession of large amounts of drugs, repeat offenses, or intent to distribute—jail time in a juvenile detention center is possible.
What happens if a minor is caught with marijuana in Colorado?
Since marijuana is legal only for adults 21 and older, minors caught with marijuana face:
- A petty drug offense for a first-time violation, punishable by a fine of up to $100 and drug education classes.
- A second offense may result in higher fines and community service.
- A third or subsequent offense could lead to probation, higher fines, and suspension of a driver’s license.
Can police search a minor’s backpack, car, or home without permission?
Law enforcement must have probable cause, a warrant, or consent to conduct a legal search. If a minor does not consent and there is no warrant, any evidence obtained may be challenged in court as an unlawful search. However, if drugs are in plain view (e.g., sitting on a car seat), officers may have the right to seize them.
Will a minor’s drug possession charge show up on their permanent record?
Yes, but in some cases, a juvenile drug record can be sealed or expunged after completing a diversion program, probation, or upon turning 18. However, more serious charges—such as felony drug possession—may remain on a person’s record without legal action to remove them.
Can a minor lose their driver’s license for drug possession?
Yes. A minor convicted of multiple drug possession offenses could face a driver’s license suspension, even if the offense did not involve driving.
Hire an Attorney for Minor Drug Possession in Denver, CO
A minor drug possession charge can have serious consequences, but it does not have to define a young person’s future. Whether seeking diversion programs, record sealing, or a strong defense against wrongful charges, the right legal strategy can make a difference.
Call Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to discuss your legal options and take the first step toward a positive resolution. The Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County. Don’t face these serious charges alone—let us work to protect your future and secure the best possible outcome for your case.