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Underage Drinking: Laws

The legal age for purchasing or publicly consuming alcohol in the United States is 21 based on the National Minimum Drinking Age Act that was passed in 1984. Underage drinking is a serious public health concern that contributes to more than 4,300 deaths each year.1 More than 11% of all the alcohol consumed within the United States is done by those between the ages of 12 and 20.1

underage drinking

Underage drinking increases the risk for being involved in an accident, being victim of a crime, becoming injured, and suffering from addiction later in life. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 60% of youth admit to drinking at least one drink by the time they are 18 years old.2

Looking to help someone with their alcohol addiction, we have provided some more information for those seeking guidance. Or, to speak to someone about treatment options for alcohol abuse, please call our 24/7 helpline at . For further information on treatment during the pandemic, we’ve put together a guide that answers some of our most frequently asked questions:

It is commonly assumed that minors (those under the age of 21) are not legally allowed to consume alcohol within the United States. However, this is not entirely true. The 21st Amendment to the Constitution allows each state to make their own laws regarding the sale and distribution of alcohol within its own borders.

National Minimum Drinking Age Act

The passage of the National Minimum Drinking Age Act enacted a federal minimum drinking age that all states are required to adhere to in order to receive certain types of federal funding. There are many local and state-based exceptions to the minimum legal drinking age (MLDA) of 21, however. Some states allow exceptions for religious activities or consent by a parent, spouse or guardian in specific locations.3

No state has an exception that permits anyone other than a family member to provide alcohol to a minor on private property. In addition, many states have laws that provide that “social hosts” are responsible for underage drinking events on property they own, lease, or otherwise control, whether or not the social host actually provides the alcohol.

Exceptions to the National Minimum Legal Drinking Age

Exceptions to the legal drinking age and other regulations for underage drinking may include:

  • Educational purposes. In general, students who are in culinary school and need to consume small quantities of alcohol as part of their education.
  • Religious services. In the United States, 26 states allow minors to consume alcohol as part of a religious service or ceremony such as drinking wine during a church service.
  • Lawful employment. Minors who work in the restaurant or food and beverage industry may be able to purchase alcohol for their work; however, in most cases, they are not allowed to drink it themselves.
  • Parental, guardian, or spousal consent. In some instances, familial consent allows minors to drink alcohol in the prescence of a family member.
  • Law enforcement purposes. This may allow for the consumption of alcohol by a minor for the purpose of going undercover or participating in a sting operation
  • Medical reasons. Certain products and medications may contain trace amounts of alcohol.

There are no federal laws related to a minimum drinking age on Native American reservations. They are considered to be domestic independent sovereigns that are able to establish their own sets of regulations and laws.

Familial Consent – Minors Drinking at Home

There is a wide variety of exemptions surrounding minors consuming alcohol when it is provided by, or in the presence of, a family member. According to the Federal Trade Commission (FTC), no state exceptions related to minors consuming alcohol allow for someone who is not a family member to provide alcohol to someone under the legal drinking age of 21 at a private residence, however.

Social Hosting Laws

familial consent drinking

Many states even have laws regarding “social hosts” that holds the person who owns, leases, or otherwise controls a private property liable for any minors who engage in underage drinking events (such as a party) at their residence, whether or not they provided the alcohol. Ten states have “social hosting” laws that specifically prohibit hosting underage drinking parties while another 21 have general “social host” laws according to the Alcohol Policy Information System (APIS).f-5 That leaves 31 states without any specific “social host” laws involving underage drinking events on private property.

Consent from a Family Member

In general, a family member is a parent, guardian, or spouse. Many states require that the alcohol be provided by the family member directly in order for minors to legally consume it while others require that the family member be present while it is consumed. Still others specify that the family member must both provide the alcohol and be present while it is consumed.

Much of the time, a state’s exception to the MLDA when related to minors consuming alcohol provided by, or in the presence of, a family member is also location-specific, meaning that the alcohol must be consumed at a private residence or on private property. Some state laws only allow minors to legally consume alcohol at the home of a parent or guardian, while others only allow for minors to consume alcohol on licensed premises in the presence of their parent, guardian, or spouse. States like Texas allow minors to drink in places that are licensed to sell alcohol, like a restaurant or bar, if their parent is present and permits it.4

Laws involving minors and drinking differ between possession, consumption and internal possession. Possession is when a person is physically holding an alcoholic beverage while consumption is the act of drinking it. Internal possession refers to the presence of alcohol within a person’s body. States with strict internal possession laws may not require evidence of a minor possessing or consuming alcohol, but if alcohol is present in the body (usually detected through a breathalyzer or blood test), they can be cited for the internal possession of alcohol.

Zero-tolerance Law: Underage Drinking and Driving

One out of every 10 high school teenagers drives after drinking alcohol, and young drivers have triple the risk over experienced drivers of being in a fatal car crash, a hazard that goes up exponentially when alcohol is involved.6 Many states have a zero-tolerance law for underage drinking and driving, meaning that if a minor (under the age of 21) is pulled over and found to be under the influence of alcohol, they will incur strict legal consequences, such as being charged with a DUI (driving under the influence), which often results in the loss of driving privileges.

Breakdown of Laws Regarding Underage Drinking by State

The following list outlines exceptions to the legal drinking age including which states have specific exceptions allowing for minors to possess and/or consume alcohol legally:5

  • Possession of alcohol allowed by minors for a “family exception” in 29 states (which may or may not have specific location restrictions as well): Alaska, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, South Carolina, Texas, Virginia, Washington, Wisconsin, Wyoming.
  • Possession of alcohol by minors allowed with specific location restrictions in 5 states: Hawaii, Nebraska, Minnesota, South Carolina, and New Jersey.
  • Consumption of alcohol permitted for a “family exception” in 19 states (with or without specific location restrictions): Washington, Wyoming, Montana, South Dakota, Texas, Wisconsin, Ohio, Oklahoma, Louisiana, Alaska, Oregon, Colorado, Iowa, Minnesota, Illinois, Virginia, Maryland, Delaware, and Maine.
  • Consumption of alcohol by minors not explicitly prohibited in 14 states: California, Nevada, New Mexico, Missouri, Arkansas, Mississippi, Georgia, Kentucky, Florida, Connecticut, Rhode Island, New Hampshire, New York, and Massachusetts.
  • Consumption of alcohol by minors allowed with specific location restrictions in two states: New Jersey and Nebraska.
  • Internal possession laws prohibiting minors from having alcohol in their bodies at all in nine states: Utah, Wyoming, Colorado, Kansas, Missouri, North Carolina, South Carolina, New Hampshire, and Michigan.
  • Family members able to furnish a minor with alcohol in 31 states: Washington, Oregon, Nevada, Hawaii, Alaska, Montana, Wyoming, South Dakota, Missouri, Arkansas, Texas, Colorado, New Mexico, Minnesota, Iowa, Wisconsin, Louisiana, Mississippi, Kentucky, Ohio, West Virginia, Georgia, South Carolina, Virginia, Maryland, Delaware, New Jersey, Rhode Island, Connecticut, Massachusetts, and Maine.
  • Location restrictions when family members furnish minors with alcohol in 12 states: Oregon, Alaska, New Mexico, Colorado, Minnesota, Iowa, Georgia, South Carolina, Virginia, Maryland, Delaware, and Maine.

Long-term Effects of Underage Drinking

While nationally, the legal drinking age is 21, each state does have the authority to make exceptions to this, and there are some cases where minors can drink legally. That being said, alcohol interferes with the way the brain regulates moods, impulses, and movement, and it disrupts normal thinking, decision-making, and memory functions. The brain is not fully developed in adolescence, and introducing alcohol at a young age can lead to immediate potential hazards, and also to possible long-term damage and disruption of brain development.

Raising the minimum legal drinking age in 1984 effectively decreased teenage drinking; high school seniors in 2012 reported past-month alcohol use close to 20% less often than those in 1985.7 Even so, underage drinking is still considered a public health concern with far-reaching ramifications and serious, long-term consequences.

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