Longmont Minor in Possession Attorneys
Persons under the age of 21 are prohibited from possessing or consuming alcohol or marijuana, and
are prohibited from possessing marijuana paraphernalia. Violations of
this law are typically referred to as an "MIP." Illegal possession
or consumption is considered a "strict liability offense," meaning
that, except in very specific circumstances, a person caught possessing
or consuming alcohol or marijuana, or possessing marijuana paraphernalia,
is guilty of a violation.
Facing charges? Call (720) 809-8310 for an initial consultation.
The Penalties You May Face
Illegal possession or consumption is an unclassified petty offense. Upon
conviction of a first or second offense, the court may impose a fine of
up to $100. In addition, the court may require the underage person participate
in substance abuse education programs, submit to a substance abuse assessment
and treatment, and perform community service. For a third offense or more,
the court will impose a fine of up to $250, order substance abuse assessment
and treatment, and order 36 hours of community service.
Despite these penalties, prosecutors are encouraged to enter into diversion
or deferred judgment agreements with underage persons for possession or
consumption violations. The best chance at getting diversion or entering
into a deferred judgment is by hiring an experienced criminal defense
attorney who can negotiate with prosecutors.
Record Sealing for Minors
After completing deferred judgment or diversion, or after paying the required
fines and completing the court-ordered substance abuse education program
for a first conviction, the court is required to seal the underage person's
case so that it will not show up on their criminal history or as part
of a background check. For a second conviction the person must file a
petition with the court to have their criminal record sealed, and can
only do so after one year has passed from the date of the second conviction.