Opinion | Vail Law: You’re an adult now, kid
Rohn Robbins Follow
Editor’s note: This is second installment of a six-part series on the legal ramifications of turning 18. Read the first part here.
In the first part of this series, we focused our legal lights on some of what it means to be 18. Among other things, we looked at matters relating to cars, driving and insurance as well as the basics of renting your first apartment.
As I mentioned in the first part, 18 is the dividing line between childhood (“minority”) and most of the obligations and responsibilities of adulthood (“majority”). This series is intended to be general in nature and does not focus on the specifics of Colorado law. Rather, it is intended to address what the law might be, in at least some of the jurisdictions to which our newly unleashed 18-year-olds might venture, and to summarize much of what is common among them.
The subject of this column is having fun as well as the rights, duties and obligations of adulthood that weigh upon having fun once you turn 18.
While with the onset of adulthood there arrive many new opportunities for having fun, bear in mind that there are legal limits and adult-like consequences too. If your parties disturb the peace, a peace officer may well come banging at your door. If your frat initiation is overly zealous, dangerous or involves alcohol consumption by minors, someone could well enjoy the hospitality of the local hoosegow. Worse, if someone were to be injured, criminal charges could result.
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Some things that might result in the police being summoned to break up the festivities may include: fighting, loud music, rowdiness, excessive (or underage) drinking, drugs use or partying into the wee hours of the night. If the police show up, they may not only break up the party but may make arrests. What’s more, your landlord might determine to evict you. On a slightly brighter note, if strangers or uninvited guests “crash” your party, you may summon law enforcement to boot them out.
There are limits to frat or sorority initiations. “Hazing” is illegal. “Hazing” is defined as any method of initiation into a student organization that causes (or is likely to cause) bodily injury, or personal degradation or disgrace. If you engage in hazing, you could be fined and/or sent to jail. If hazing is occurring, the best thing to do is to leave and to report it to the authorities, anonymously if you must. While doing so may feel like “ratting out” your friends, failing to do so could result in someone being seriously hurt, criminal charges being leveled against those friends.
Drinking alcohol before the age of 21 is illegal in most states. Purchasing alcoholic beverages under the age of 21 is also illegal. Use or possession of any controlled substance without a prescription is illegal. What constitutes an alcoholic beverage (by percentage alcohol) varies within narrow confines from state to state. Some states have strict definitions, defining an alcoholic beverage as one having greater than one-half of 1% alcohol. It is best to know the law of where you’ll be visiting or living before you hoist a cold one.
If you use a fake ID, or someone else’s, to purchase alcohol (or gain access to bar or to casino), you will be breaking the law. The person who furnished you the fake ID may also face charges. You cannot lend, borrow or alter a driver’s license or other identification in any way.
Non-over-the counter, non-prescriptive drug use or possession is illegal. The kind of trouble you can get into depends, among other things, upon: the type or class of drug, the quantity in your possession, whether you distribute it to others and the jurisdiction. Some states have relatively lenient drug laws when it comes to small quantities of marijuana (although may still be illegal). Others, like our own, sanction the use of marijuana but the age for medicinal and recreational use may be different. Under no circumstance may you supply or sell marijuana to another. In most states, possession of “harder” drugs may subject you to serious felony charges. In addition to criminal charges (and, potentially a prison sentence), if you are convicted of a drug offense, you will not only have a record that will trail you for the rest of your life, but you will likely be kicked out of school. Drug possession of even tiny amounts in foreign countries is nothing if not foolhardy. In some countries, possession of even minuscule quantity of drugs (even marijuana) could subject you to the death penalty. No kidding.
Not only is the possession, use and distribution of illegal drugs prohibited, but the use of someone else’s prescription drugs is also illegal. Depending on the drug, the potential fine and prison time could be significant, as much as 10 years or longer. Similarly, the use of controlled body-building drugs (such as anabolic steroids) is illegal. If you are convicted of distribution, you could spend up to five years in prison and pay fines up to $250,000 under federal law. Drug use can be a life-wrecker. Not only can they ruin your health and emotional well-being, but a drug conviction can simply destroy your future. Stay away.
Eighteen is a joyous age and the beginning of the exciting adventure into adulthood. Treated responsibly, new and varied opportunities will open up for you and reward you with a myriad of pleasures. Treated irresponsibly, however, the obligations of adulthood that accompany these adventures may smack you down hard. You are an adult now. Act like one and the world is your oyster. Screw up now, and the consequences stick.
Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who practices in the Vail Valley with the Law Firm of Caplan & Earnest, LLC. His practice areas include business and commercial transactions; real estate and development; family law, custody, and divorce; and civil litigation. Robbins may be reached at 970-926-4461 or Rrobbins@CELaw.com. His novels are available at fine booksellers; the latest, “Falling,” was published in November.
