Estes Park, CO asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota

Q: is it illegal to be underage and high, even if i have nothing on my person/car/property

2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an "underage" person in possession of alcohol or other drugs could be charged with a crime. And "possession" could be more inclusive than "on my person/car/property." The question could be narrowed. If charged with a crime, call a criminal defense attorney. If not, many research aids are available.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: It depends on what you are doing. I agree with my colleague that being underage and high is a huge issue if you are driving, operating or physical control of a motor vehicle. Additionally, you get high from using some sort of substance that is illegal for you when you are a minor. Presumably, you were in possession of that substance prior to getting high and that possession would be illegal.

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