What Are the Penalties for Underage Drinking or Drug Possession?

In Colorado, underage drinking and drug possession are serious offenses. If you’re under 21, even one mistake can lead to lasting consequences. It’s important to understand what the law says and how it can affect your future.

Underage Drinking: Minor in Possession (MIP)

Colorado law makes it illegal for anyone under 21 to possess or consume alcohol or marijuana. This is known as “Minor in Possession” or MIP. It’s a petty offense but can still lead to legal trouble.

Here’s what you need to know:

• First Offense: You face a $100 fine. You may also have to attend a drug or alcohol education class.
• Second Offense: You could get another fine, mandatory substance abuse assessment, and up to 24 hours of community service.
• Third or More: You may face increased fines, treatment requirements, and up to 36 hours of community service.

A first offense is usually sealed automatically after the case ends. For second and third offenses, you must wait a year before asking the court to seal the record.

Underage Marijuana Possession

Possession of up to two ounces of marijuana by someone under 21 is also treated as MIP. You won’t be charged in juvenile court with more than a petty offense unless you were carrying more significant amounts. The same penalties for alcohol MIPs apply to marijuana MIPs.

Controlled Substances and More Serious Charges

If you’re under 21 and caught with illegal drugs like cocaine, LSD, or MDMA, the penalties are harsher. If caught with these types of substances, you can be charged in juvenile court with a drug misdemeanor or drug felony, and the punishment could range from probation to time in the Division of Youth Services (“DYS”). However, a juvenile adjudication for this type of offense is typically expungable, meaning you would have a clean record once you are finished with your sentence.

Legal Exceptions

There are a few narrow exceptions under Colorado law for alcohol or marijuana possession by a minor:

• Religious Use: Some limited protections exist if alcohol or marijuana is used as part of a religious ceremony.
• Medical Emergencies: If you call 911 to help someone with alcohol or drug poisoning, you may be immune from MIP charges—if you stay on the scene and cooperate.

Colorado law also makes an exception for students in culinary or food service programs who taste (not drink) alcohol under supervision.

You can view the official statute here: Colorado Revised Statutes § 18-13-122.

Why You Need a Lawyer

Underage drinking or drug charges can snowball. A single conviction may lead to lost scholarships, job rejections, or even future legal issues. Courts offer programs to help young people avoid a permanent record—but you need to know how to access them.

Working with an attorney ensures that your rights are protected. A lawyer can help you explore diversion programs, fight unfair charges, and reduce long-term consequences.

The legal system can be confusing, especially when it involves minors. The Juba Law Office understands Colorado law and how these cases are handled. If you or your child is facing charges, reach out. Having an experienced attorney can make all the difference.