What happens to a minor in possession of drugs in Colorado?

If you are under 18 years old and get arrested for drug possession in Colorado, you will be prosecuted in Juvenile Court. Instead of facing criminal convictions like adults would, you instead face delinquency proceedings. The majority of juvie drug cases resolve through a plea bargain, though you have the right to a trial – called an adjudicatory hearing in juvenile court. If you are found delinquent (either by taking a plea or losing a hearing), the court can impose the following penalties depending on the seriousness of your case and juvie record:

• drug assessments
• addiction rehabilitation treatment
• community service
• therapy
• fines
• physical or mental exams
• supervised work program
• juvenile detention

Juvenile Court is geared more towards rehabilitation rather than punishment. So for a first drug offense, you will likely avoid juvenile detention as long as you complete the other sentencing terms.¹

What if I am a legal adult but under 21 years old?

If you are at least 18 years old and get arrested for controlled substance possession in Colorado, you will be prosecuted in criminal court and face the same penalties as adults 21 and older – with one exception involving marijuana. Colorado law permits the recreational possession of up to two ounces of marijuana for adults 21 and older.² If you are 18, 19, or 20 years old and caught with up to two ounces of marijuana, you can be convicted of being a “minor in possession” (MIP). Minor in possession is only a petty offense and carries no jail. Instead, the judge can impose:

• $100 in fines ($250 for a 3rd offense);
• $25 surcharge;
• A drug education class (for a 1st or 2nd offense);
• Up to 24 hours of public service for a 2nd offense, or up to 36 hours for a 3rd offense; and
• Substance abuse assessment and maybe treatment (discretionary for a 2nd offense, and mandatory for a 3rd offense)³

For all other controlled substance possession cases, the criminal sentence depends on the specific narcotics:

Colorado drug possession crime	Penalties if you are 18 years old or older
Up to 4 grams of Schedule I drugs (other than GHB or cathinone), Up to 4 grams of Schedule II drugs, Schedule III drugs (other than Ketamine ), Schedule IV drugs (other than Rohypnol), Schedule V drugs, or Up to 1 gram of any substance that contains any amount of fentanyl, carfentanil, or benzimidazole opiate.	Level 1 drug misdemeanor You will typically receive: Probation of up to 2 years; Possibly 180 days in jail time (or up to 364 days for a 3rd offense); and Up to $1,000 in fines Though the court has the discretion to impose: 6 – 18 months in jail; and/or $500 – $5,000 in fines Note that a 4th or subsequent offense is a level 4 drug felony, carrying 6 – 12 months in prison and/or $1,000 – $100,000 in fines.
More than 4 grams of Schedule I drugs, More than 4 grams of Schedule II drugs, or Any amount of Rohypnol (Flunitrazepam), ketamine, or bath salts 1 to 4 grams of any substance that contains any amount of fentanyl, carfentanil, or benzimidazole opiate.	Level 4 drug felony 6 – 12 months in state prison (plus 1 year of parole) and/or $1,000 – $100,000 in fines; and A drug offender surcharge of $1,500 – $4,500. Certain level 4 drug felonies are wobblers that get reduced to level 1 drug misdemeanors if you complete probation.* Note that prison can instead last 1 – 2 years if there are aggravating circumstances, such as: You are on parole for another felony; You are on probation or bond (in some cases); You are jailed as a convicted felon; or You are an escaped prisoner for another felony
Any substance that is more than 60% fentanyl, carfentanil, or benzimidazole opiate.	Level 2 drug felony 4 – 8 years in prison and/or $3,000 – $750,000
*You may be ineligible for probation if you have two or more prior felony convictions.4

How do I fight drug charges if I am a minor?

Whether you are being prosecuted in juvenile court or adult criminal court, having any kind of controlled substance case on your record will disqualify you from countless educational and employment opportunities. I have defended literally thousands of young adults charged with narcotics possession in Colorado, and I have a long track record of persuading prosecutors to reduce or even dismiss these cases completely so your record can be cleared right away. In my experience, the five most effective defenses to drug possession/minor in possession charges are:

1. You did not know the drugs were there. Perhaps they belonged to someone else, or another person planted them on you.
2. You never possessed the drugs. Even if you knew of the drugs’ whereabouts, you were never in physical or constructive control of them.
3. You had a valid prescription for the drugs. This defense can be easily proven by your medical records.
4. The police found the drugs through an unlawful search. For example, the police may have exceeded the bounds of the search warrant.
5. The police coerced your confession. This is especially common in cases with young, impressionable defendants that police believe they can bully into submission.⁵

---

Legal References