Being young comes with its challenges, and mistakes can happen. When a young person has been charged with minor in possession in Colorado, it’s essential to understand the legal implications and potential defenses. Colorado has strict laws regarding underage alcohol and marijuana possession, and a conviction can lead to fines, community service, and educational programs. However, with the right legal strategy, such as guidance from the McAdams Law Office, minimizing the impact on a young person’s future may be possible.
A Minor in Possession (MIP) charge applies to individuals under 21 who are found possessing, consuming, or intoxicated by alcohol or marijuana. This law covers not only direct possession but also indirect situations, such as being visibly intoxicated in public. Law enforcement officers often charge minors with MIP during routine stops, parties, or public events.
The law is designed to deter underage substance use and reduce risks associated with impaired judgment, addiction, and accidents. While a first offense is typically considered petty, repeat violations can lead to harsher penalties. Understanding your rights and options is crucial when facing an MIP charge.
Colorado has specific laws governing MIP charges, differentiating between alcohol and marijuana possession for minors.
A person under twenty-one years of age who possesses or consumes alcohol anywhere in the state of Colorado is committing illegal possession or consumption of alcohol by an underage person.
This means that if alcohol is found on a minor’s person, such as in their hand, pocket, or backpack, or even under a car seat they are driving, they can face legal consequences.
Despite marijuana being legal for adults in Colorado, minors under 21 are prohibited from possessing or consuming any amount. A minor found with one ounce or less can face MIP charges. This includes smoking, edibles, or other marijuana products. First-time offenders may be required to attend educational programs, such as those provided by CU Boulder Police, to prevent future violations.
While MIP charges are taken seriously, certain exceptions in Colorado may apply under specific circumstances.
Exceptions include alcohol consumption during religious ceremonies, minors serving alcohol at legal establishments without consuming it, and individuals under 21 possessing prescribed medical marijuana under Colorado law.
To challenge a possession charge, several defenses may apply. Authorities must prove the minor knowingly possessed or consumed the substance; insufficient or circumstantial evidence can lead to dismissal. Unintentional possession, such as unknowingly having alcohol left by someone else, can also be argued. Additionally, evidence obtained through unlawful searches may be inadmissible, potentially invalidating the charge.
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The consequences of an MIP conviction depend on whether it is a first, second, or subsequent offense:
Additionally, minors may face non-criminal repercussions, such as a suspended driver’s license or increases in insurance premiums.
When a minor in possession of a Colorado charge arises, taking the right steps can make a significant difference in the outcome.
Review the case’s specifics, including where and how the alleged offense occurred.
An experienced criminal defense lawyer, such as those at McAdams Law Office, can help evaluate the case and determine the best legal strategy.
Attend all required hearings, complete assigned programs, and comply with court mandates to prevent additional penalties.
Sometimes, a minor may be eligible for record expungement, helping avoid long-term consequences.
Colorado law prioritizes rehabilitation over punishment, offering education and prevention programs through the Adolescent Substance Abuse Prevention and Treatment Fund.
A first MIP offense in Colorado is a misdemeanor that can impact academics, employment, and driving privileges. Colleges may take disciplinary action, employers may view it unfavorably, and insurance rates could rise. Work with an experienced lawyer to protect your future.
Facing a minor in possession in Colorado charge can be stressful, but legal help is available. McAdams Law Office has extensive experience handling MIP cases and can provide guidance on navigating the legal process. Contact us at (970) 353-0000 or 822 7th Street Suite 530, Greeley, CO 80631.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.