II. State-by-State Guide to Underage Alcohol Consumption Laws and Exceptions

State Underage Consumption of Alcohol Is Allowed: Notes and Link to Law

1. Alabama Underage consumption of alcohol is prohibited with no exceptions. Section 28-1-5

2. Alaska on private non alcohol-selling premises, with parental consent

for medical purposes AS 04.16.050; AS 04.16.151

3. Arizona for religious purposes

for medical purposes 4-226; 4-244; 4-249

4. Arkansas Underage consumption of alcohol is prohibited with no exceptions. Although underage consumption of alcohol is not explicitly prohibited in the law, underage possession of alcohol is prohibited without exceptions. According to the Alcohol Policy Information System (APIS), “Possession and consumption are closely linked because consumption generally requires possession.”

Source: Alcohol Policy Information System (APIS) website (accessed May 21, 2010) 3-3-203

5. California when reporting medical need due to underage drinking for another minor Applies to an underage person reporting a medical need due to alcohol consumption for either himself or herself, or another person. On May 23, 2012, ProCon.org received an email from John Carr, Public Information Officer at California ABC (Department of Alcoholic Beverage Control), confirming that possession and consumption of alcoholic beverages by minors is illegal in California: “Current Law states that a person must be 21 years of age to consume or purchase alcohol, it is illegal for anyone under the age of 21 to drink or purchase alcohol. Section 25658 of the California Business and Professions Code states: (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. (b) Except as provided in Section 25667, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.” 11999-11999.3; 25657-25667

6. Colorado on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

for educational purposes

when reporting medical need due to underage drinking for another minor Owner of property must be aware of the underage drinking. The law permits a student who “tastes but does not imbibe an alcohol beverage only while under the direct supervision of an instructor who is at least twenty-one years of age and employed by a post-secondary school; Is enrolled in a university or a post-secondary school accredited or certified by an agency recognized by the United States department of education, a nationally recognized accrediting agency or association, or the ‘Private Occupational Education Act of 1981’, article 59 of title 12, C.R.S.; Is participating in a culinary arts, food service, or restaurant management degree program; and tastes but does not imbibe the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tastes, remains under the control of the instructor.” 18-13-122

7. Connecticut on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent Although underage consumption of alcohol is not explicitly prohibited in the law, underage possession of alcohol is prohibited. According to the Alcohol Policy Information System (APIS), “Possession and consumption are closely linked because consumption generally requires possession.” Source: Alcohol Policy Information System (APIS) website (accessed May 21, 2010) A minor may possess alcohol only “while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one.” Sec. 30-1; 30-89

8. Delaware on private non alcohol-selling premises, with parental consent

for religious purposes

when reporting medical need due to underage drinking for another minor “Delaware’s exception includes ‘members of the same family’ and allows consumption if in ‘private home of any of said members.'” Source: “State Profle of Underage Drinking Laws: Delaware,” Alcohol Policy Information System (APIS) website (accessed May 21, 2010) Title 4 Chapter 9 SB 116

State Underage Consumption of Alcohol Is Allowed… Notes and Link to Law

District of Columbia when reporting medical need due to underage drinking for another minor DC Official Code § 7-401 Section 3 25-1002

9. Florida for educational purposes The law permits “the tasting of alcoholic beverages by a student who is at least 18 years of age” as part of a course at an accredited post-secondary educational institution, but the student may not “consume or imbibe” the alcohol. 562.111

10. Georgia on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes § 3-3-23

11. Hawaii for religious purposes § 281-101.5

12. Idaho Underage consumption of alcohol is prohibited with no exceptions. 23-949

13. Illinois on private non alcohol-selling premises, with parental consent

for religious purposes

for educational purposes The law permits a student 18 years of age or older who “tastes, but does not imbibe, alcoholic liquor for instructional purposes up to, but not exceeding, 6 times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.” 235 ILCS 5/6-20

14. Indiana when reporting medical need due to underage drinking for another minor IC 7.1-1-3-25; 7.1-5-7-7; 7.1-5-1-6.5

15. Iowa on private non alcohol-selling premises, with parental consent

for medical purposes 123.3; 123.47

16. Kansas on private non alcohol-selling premises, with parental consent

for gov’t work related purposes Kansas statute 41-727 states: “This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person’s parent or legal guardian.” Kansas statute 41-727a authorizes specific people to use minors to determine compliance with Kansas liquor laws.

41-727a 41-2701

State Underage Consumption of Alcohol Is Allowed… Notes and Link to Law

17. Kentucky when reporting medical need due to underage drinking for another minor 244.085 KRS Ch. 244 Sec. 1

18. Louisiana on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent The law states that “public possession” of alcohol includes at a club, which is “de facto open to the public.” Underage public possession and consumption of alcohol is not prohibited if the underage person is accompanied by a parent or guardian who is at least 21 years old. §93.10; 93.12

19. Maine on private non alcohol-selling premises, with parental consent §2051

20. Maryland on private non alcohol-selling premises, with parental consent

for religious purposes Underage possession and consumption of alcohol is allowed if “the individual possessing or consuming the alcoholic beverage and the adult who furnished the alcoholic beverage to the individual or allowed the individual to possess or consume the alcoholic beverage are members of the same immediate family.” §10–114

21. Massachusetts on private non alcohol-selling premises, with parental consent In a Mar. 24, 2017, phone call with ProCon.org, the Executive Director of the Massachusetts Alcoholic Beverages Control Commission confirmed that there is no exception for underage drinking on alcohol-selling premises, even with parental consent. Although underage consumption of alcohol is not explicitly prohibited in the law, underage possession of alcohol is prohibited unless the underage person is accompanied by a parent or legal guardian or if the person is over the age of 18 and possesses alcohol in the course of employment. According to the Alcohol Policy Information System (APIS), “Possession and consumption are closely linked because consumption generally requires possession.” Source: Alcohol Policy Information System (APIS) website (accessed May 21, 2010) Chapter 138: Section 34C

22. Michigan for religious purposes

for gov’t work related purposes

for educational purposes

when reporting medical need due to underage drinking for another minor 436.1703

State Underage Consumption of Alcohol Is Allowed… Notes and Link to Law

23. Minnesota on private non alcohol-selling premises, with parental consent

when reporting medical need due to underage drinking for another minor Consumption is permitted only “in the household of the defendant’s parent or guardian and with the consent of the parent or guardian.” 340A.503 Subdivision 8

24. Mississippi on private non alcohol-selling premises, with parental consent

for gov’t work related purposes

on alcohol-selling premises with parental consent Underage people who are at least 18 years old are allowed to consume light wine or beer with the consent and presence of their parent or legal guardian. Underage people who are at least 18 and serving in the US armed services “may lawfully possess and consume light wine or beer on military property where the consumption of light wine or beer is allowed.” § 67-1-81; 67-3-54; 67-3-70

25. Missouri for educational purposes The law permits a student 18 years of age or older who is enrolled in a culinary course at an accredited college or university “to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum.” 311.325; 312.010; 312.407

26. Montana on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes Applies only to alcoholic beverages “provided in a nonintoxicating quantity.” 16-6-305; 45-5-624

27. Nebraska on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

for religious purposes

for medical purposes Underage consumption of alcohol must be in the underage person’s permanant place of residence. 53-168.06; 53-180.02

28. Nevada on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent NRS 202.020

29. New Hampshire Underage consumption of alcohol is prohibited with no exceptions. Anyone underage “who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation…” Underage possession of alcohol is prohibited, except when the under age person is working as a server, host, bartender, etc. on licensed, alcohol-selling premises. 179:10; 179:23

30. New Jersey on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

for religious purposes

for medical purposes

for educational purposes

when reporting medical need due to underage drinking for another minor Underage consumption of alcohol is not prohibited in private places. 2C:33-15; 2C:33-16; 2C:33-17

31. New Mexico on private non alcohol-selling premises, with parental consent

for religious purposes 60-7B-1

32. New York on private non alcohol-selling premises, with parental consent

for educational purposes

when reporting medical need due to underage drinking for another minor Article 5 § 65-c 220-78

State Underage Consumption of Alcohol Is Allowed… Notes and Link to Law

33. North Carolina for religious purposes

for medical purposes

for educational purposes

when reporting medical need due to underage drinking for another minor § 18B-103; § 18B-302§ 90-96.2; § 18B-302.2

34. North Dakota for religious purposes

when reporting medical need due to underage drinking for another minor Chapter 5-01

35. Ohio on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent 4301.69

36. Oklahoma on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

when reporting medical need due to underage drinking for another minor Underage consumption of alcohol is not prohibited in private places. “Although Oklahoma law contains no prohibition against underage consumption of alcoholic beverages generally, the state does prohibit consumption of ‘low-point beer’ (defined as containing not more than 3.2 percent ABW) by persons under twenty-one unless under the direct supervision of a parent or guardian. This exception does not allow persons under twenty-one to consume such beverages on premises licensed to dispense low-point beer. Okla. Stat. tit. 37, § 246.” Source: “State Profile of Underage Drinking Laws,” Alcohol Policy Information System (APIS) website (accessed May 21, 2010) §21-1215; 37-163.2; 37-246 37 O.S. 2011 Section 8

37. Oregon on private non alcohol-selling premises, with parental consent

for religious purposes

for gov’t work related purposes Exception can also apply to work for a non-government employer “for the purpose of investigating possible violations by [other] employees… of laws prohibiting sales of alcoholic beverages to persons who are under the age of 21 years.” 471.430

38. Pennsylvania when reporting medical need due to underage drinking for another minor 18 Pa.C.S.A. § 6308

39. Rhode Island for educational purposes § 3-8-10

40. South Carolina on private non alcohol-selling premises, with parental consent

on private, non alcohol-selling premises, without parental consent

for religious purposes

for gov’t work related purposes

for educational purposes The law permits a student 18 years of age or older who is enrolled in an approved culinary course at an accredited college or university to “taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum.” “No provision of law prohibiting the use or possession of beer, wine, or alcoholic beverages by minors shall apply to any minor in the home of his parents or guardian or to any such beverage used for religious ceremonies or purposes so long as such beverage was legally purchased.” Section 63-19-2440 – 63-19-2440

State Underage Consumption of Alcohol Is Allowed… Notes and Link to Law

41. South Dakota for religious purposes 35-9-2

42. Tennessee for religious purposes 1-3-113

43. Texas on private non alcohol-selling premises, with parental consent

when reporting medical need due to underage drinking for another minor

on alcohol-selling premises with parental consent Underage consumption of alcohol is allowed if it is in the visible presence of the minor’s adult parent, guardian or spouse. Title 4 Chapter 106 S.B. No. 1331

44. Utah for religious purposes

for medical purposes

when reporting medical need due to underage drinking for another minor 32A-12-209 SB 233

45. Vermont for educational purposes

when reporting medical need due to underage drinking for another minor Must be 18 or older and for culinary school. Title 7 Chapter 1 §2-3; Title 7 Chapter 21 §656 HB 65

46. Virginia on private non alcohol-selling premises, with parental consent § 4.1-200; 4.1-304; 4.1-305

47. Washington on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

when reporting medical need due to underage drinking for another minor RCW 66.44.270

48. West Virginia Underage consumption of alcohol is prohibited with no exceptions. The code does not prohibit a person from furnishing alcohol to a person under the age of 21 if the recipient is a blood relative or relative by marriage, but it is illegal for the underage recipient to consume the alcohol. §60-3A-24

49. Wisconsin on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent Underage consumption of alcohol is allowed if accompanied by parent or legal guardian. 125.02; 125.07

50. Wyoming on private non alcohol-selling premises, with parental consent

for religious purposes

for medical purposes

on alcohol-selling premises with parental consent Underage consumption of alcohol is not prohibited when in a private location or if it is done in the physical presence of a parent or legal guardian. 12-6-101