Minors’ Rights: Laws about Drug Possession, Use, and Rehab

            In most legal situations related to substance possession and use, the rights of minors are similar to those of adults although some minors may be able to have certain drug-related crimes omitted from their permanent record and they may enjoy more confidentiality measures than adults in like circumstances.  Because there is so much variation, however, you should speak with an attorney if you are facing legal matters.

What happens to minors who are caught with illegal substances in their possession? What if they are also drunk or high when they are caught?    

            The laws (and the severity of punishments) related to drug possession depend on the state, the type of substance, the amount of the substance, the age of the minor, whether a fake form of identification was used to acquire the substance, how often the minor has committed related or any other offenses, where the substance was found (for example, an open container in a vehicle may be considered more serious than the same substance not associated with potentially driving under the influence. Read Drugged Driving), and other situation-dependent factors.  In California, for example, a minor’s driving privileges may be revoked for a period of one year if alcohol or an illicit substance (like marijuana) is found in their possession.

            Similarly, being drunk or high in public is equally illegal for minors in most states.  If the inebriation leads to other problems (for example, creating a public disturbance, driving while intoxicated, or committing another crime), the punishment is likely to be even more serious .  It is also illegal for minors to be drinking or using drugs in private venues, and parents may face “social host” liability for allowing this behavior to occur, even without their knowledge or permission (Read Parent Liability for Underage Drinking).

Can a minor go to rehab without his or her parents’ knowledge or consent?

            In some states, a minor can, indeed, admit themselves to a drug or alcohol treatment facility without their parents’ consent (Read Teen Addiction and Rehab).  For example, in Florida, the Marchman Act gives a minor’s consent to treatment “the same force and effect as if executed by a client who has reached the age of majority” (p. 33). Unless the minor gets involved in a local out-patient rehab (Read Rehab: Stay Local or Go Out of State?), however, it will obviously be impossible for the parents not to notice that their son or daughter is away from home for 30 to 90 days (the normal duration of most in-patient programs).  If you are a teen who has been keeping your addiction or alcoholism a secret from your parents because you are worried about how they will respond, you should know that, when most parents respond with anger, it is out of concern for you and frustration with themselves for not noticing the problem sooner.  Before you talk to them, be educated; addiction is a disease with a partly genetic basis (Read Addiction and Genetics). Because many addictions cause or result in physical and/or psychological dependence, it is both difficult and potentially dangerous to attempt to end an addiction without help (Read Why They Can’t “Just Stop!” and Why You Shouldn’t Fight Addiction Alone). You can also speak with one of eDrugRehab’s addiction specialists if you have questions about your unique situation.