Evergreen, CO asked in Criminal Law for Colorado

Q: Fake ID was taken away at a dispensary. What do I do?

I went to a marijuana dispenary for about a month or so using a fake ID, which had my real name and picture on it. After about a month, they randomly upgraded their security and confiscated my card. When confronted, I was upfront and told them it was a fake after they said they had to call the non-criminal investigation unit to validate the ID. They then said that it was okay if I left and that the police likely wouldn't charge me since they wouldn't know if it was actually my name? I continued to leave the store. I just wanted to confirm this and seek out other legal advice. Thanks.

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1 Lawyer Answer
William Jaksa
William Jaksa
  • Criminal Law Lawyer
  • Toronto

A: Bars, nightclubs, dispensaries all deal with fake ID as a routine matter of doing business. They are liable if they serve someone underage. Having worked with licence holders for years I know of no jurisdictions that allow employees at these places to confiscate, withhold or even destroy fake IDs. If the hold the ID and call police it could be argued that they are merely reporting a crime or stopping the continuance of a crime; but taking away a fake ID can be considered theft. They are depriving you of your property, it just plain and simple theft. But what are you prepared to do about it? Call the police? File a civil suit? My advice, walk away. You got caught using a fake ID, don't make things worse for yourself.

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