Legally Reviewed by Shazam Kianpour on August 25, 2026
As the dangers of smoking become ever so obvious (through television and radio commercials) the danger behind marijuana smoke has been less than evident. Health advocates are even more concerned after the passage of Amendment 64 which legalized the recreational use of marijuana in Colorado. They believe that the law sends the wrong message to teens; specifically that marijuana is safer than tobacco.
A survey conducted by Monitoring the Future found that a majority of teens believe that smoking tobacco is harmful, but nearly half of those surveyed believed that marijuana was harmless. Moreover, a third said they had tried it in the last year.
Health advocates cite studies indicating that marijuana has detrimental effects on a person’s ability to concentrate, retain information, and make decisions; three things that are fairly important for students who spend most of their days in school. A Duke University study found that teens who smoked marijuana regularly since their teen years had IQ scores that were eight points lower compared to those who did not.
Also researchers have found that marijuana can trigger psychotic episodes (especially when laced with other illicit drugs) and lead to long-term mental illness. In fact, a study published in Comprehensive Psychiatry found that people with mental illnesses were seven times more likely to smoke marijuana compared to people with no such illnesses.
Perhaps the most telling issue involved the specter of addiction. Drugfree.org found that more teenagers who check into rehab did so because of an addiction to marijuana. For these reasons, it is not surprising that law enforcement and social service agencies oppose recreational use as a measure of protection to prevent teens from using marijuana.
Source: TakePart.com, Turns out teen know smoking kills, but they don’t know jack about weed, April 10, 2013
Colorado Marijuana Law Still Treats Minors Differently
Amendment 64 legalized recreational marijuana for adults 21 and older, but the law never extended to anyone under 21. Possession, use, or purchase of marijuana by a minor remains a chargeable offense in Colorado, and the fact that marijuana is legal for adults does not change how a minor’s case is handled. Parents sometimes assume legalization softened the rules for teens as well, and that assumption can lead to a poorly prepared response when a minor is actually cited.
Driving Under the Influence of Drugs (DUID) Charges Involving Marijuana
Unlike alcohol, marijuana does not have a single universally accepted roadside test, and impairment is not always tied cleanly to a specific THC number. Colorado law still allows a DUID charge when an officer believes a driver’s ability to operate a vehicle was affected by marijuana or another drug. For a teen driver, a DUID charge can carry consequences beyond the criminal case itself, including separate license actions handled through the DMV.
Why DUID Cases Involving Teens Get Complicated
- Testing limitations: THC can remain detectable in blood or urine long after any impairment has worn off, which can complicate what a test result actually proves.
- Officer observations: without a reliable per se threshold, prosecutors often lean heavily on an officer’s subjective observations of the driver.
- Compounding factors: a minor found with marijuana in a vehicle may face both a possession issue and a DUID inquiry from the same stop.
Each of these factors can be examined and challenged with the right legal strategy, particularly when the science behind a specific test result is less settled than it is for alcohol.
How a Marijuana Charge Can Follow a Teen Into Adulthood
A drug charge on a minor’s record can affect college admissions, financial aid eligibility, and even some employment or licensing applications well into adulthood. Colorado law provides certain options for records involving juveniles and first-time offenders, but those options generally require action, and they are not automatic. Families dealing with a teen’s marijuana charge benefit from understanding these options early, rather than after the case has already moved forward.
Frequently Asked Questions About Teens and Marijuana Charges in Colorado
Is marijuana legal for anyone under 21 in Colorado?
No. Colorado’s marijuana legalization applies only to adults 21 and older. Possession, use, or purchase by a minor remains a chargeable offense under state law.
Can a teen be charged with DUID for driving after using marijuana?
Yes. Colorado allows a driving under the influence of drugs charge when an officer believes marijuana affected a driver’s ability to operate a vehicle safely, even without a universally accepted roadside impairment test for THC.
Does a marijuana charge stay on a minor’s record permanently?
Not necessarily. Colorado law provides certain options for sealing or addressing juvenile and first-time offender records, but these options typically require a specific legal process rather than happening automatically.
Why is THC testing different from alcohol BAC testing?
THC can remain detectable in the body well after any impairing effects have ended, unlike alcohol, which is metabolized more predictably. This makes a THC test result less reliable on its own as proof of impairment at the time of driving.
What should parents do if their teen is charged with a marijuana offense?
Parents should have the facts of the stop and any test results reviewed by an attorney before the case moves forward, since early decisions can affect record-sealing options and other consequences later on.
If your teen is facing a marijuana possession or DUID charge in Colorado, the specific facts of the stop and the reliability of any test results can significantly affect the case. Shazam Kianpour & Associates, P.C. has represented clients in Colorado marijuana cases for years. Contact our office to discuss your situation.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across Colorado, including DUI, DWAI, and DMV hearing matters. He previously served as a Colorado State Public Defender and is a member of the Colorado Bar Association and the Colorado Criminal Defense Bar.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.