43 States That Allow Underage (under 21) Alcohol Consumption
States which reportedly had exceptions to the minimum legal drinking age (MLDA) but for which we could find no evidence or reference in those states' laws (such as Missouri and Florida) are not listed as having exceptions.
43 states have set their own exceptions to allow underage consumption of alcohol under certain circumstances. Nine states (Alabama, Arkansas, Florida, Idaho, Missouri, New Hampshire, and West Virginia) have no exceptions in their underage alcohol consumption laws.
[Editor's Note: The information below is not in any way intended to be legal advice or to encourage alcohol consumption by people under the age of 21. The laws presented include only state laws regarding underage consumption of alcohol. We have excluded county and city ordinances that may further restrict underage drinking as well as laws against people furnishing alcohol to underage people. While reasonable efforts have been made to ensure the accuracy of the data provided, do not rely on this information without first checking current applicable law. This page was last updated on Apr. 24, 2013.]
Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Louisiana, Maryland, Michigan, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Utah, Washington, Wyoming
Example: underage drinker calls 911 to report medical emergency for another underage drinker
California, Colorado, District of Columbia, Indiana, Kentucky, Michigan, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Texas, Washington
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: www.alcoholpolicy.niaaa.nih.gov (accessed May 21, 2010)
*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."
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: www.alcoholpolicy.niaaa.nih.gov (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."
Underage consumption of alcohol is prohibited with no exceptions.
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 postsecondary educational institution, but the student may not "consume or imbibe" the alcohol.
*"Kansas has an exception permitting persons under 21 years of age to consume alcohol but the exception applies only to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any such liquor which is more than 3.2 percent ABW)."
Source: "State Profle of Underage Drinking Laws: Kansas," www.alcoholpolicy.niaaa.nih.gov (accessed May 21, 2010)
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.
*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."
*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: www.alcoholpolicy.niaaa.nih.gov (accessed May 21, 2010)
*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."
Underage consumption of alcohol is prohibited with no exceptions.
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."
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.
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," www.alcoholpolicy.niaaa.nih.gov (accessed May 21, 2010)
*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."
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."
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.
III. Explanations of the Eight Exceptions to the MLDA:
1. on private non alcohol-selling premises, with parental consent:
Underage consumption of alcohol in some states is allowed on private, non alcohol-selling premises as long as the under age person has the consent and/or is accompanied by the physical presence of a parent or legal guardian. Private, non alcohol-selling premises include residential homes, private properties not open to the general public, etc. In some states underage consumption of alcohol is also allowed on private, non alcohol-selling premises when the under age person is accompanied by a spouse who is at least 21. Each state sets its own specific requirements for what is considered legal.
2. on private, non alcohol-selling premises, without parental consent:
Underage consumption of alcohol in some states is not prohibited on private, non alcohol-selling premises, although it may be illegal for adults to provide alcohol to underage people in those states. Each state sets its own specific requirements for what is considered legal.
3. for religious purposes:
Underage consumption of alcohol in some states is allowed for religious purposes. Some states require that the alcohol be provided by an official religious representative and/or limit the type of alcohol allowed. Each state sets its own specific requirements for what is considered legal.
4. for medical purposes:
Underage consumption of alcohol in some states is allowed for medical purposes. Each state sets its own specific requirements for what is considered legal.
5. for government work related purposes:
Underage consumption of alcohol in some states is not prohibited when it is related to government or law enforcement assignments. Such assignments can include governmental research into under age drinking, working under cover, etc. Each state sets its own specific requirements for what is considered legal.
6. for educational purposes:
Underage consumption of alcohol in some states is allowed when it is for educational purposes related to culinary school. Each state sets its own specific requirements for what is considered legal.
7. when reporting medical need due to under age drinking for another minor:
In some states, a minor will not be penalized for consuming alcohol if he/she is discovered to have been drinking alcohol through his/her reporting a medical emergency for another under age drinker. Each state sets its own specific requirements for what is considered legal.
8. on alcohol-selling premises, with parental approval:
In some states, underage consumption of alcohol is allowed on an alcohol-selling premise, such as a restaurant or a bar, if the alcohol is furnished to the minor by a legal guardian and if the minor is in the presence of his or her legal guardian.
(Click to enlarge image)
National Institute on Alcohol Abuse and Alcoholism (NIAAA) map of exceptions (if any) to underage consumption of alcohol across the United States, as of Jan. 1, 2011. Source: Alcohol Policy Information System (APIS), "Exceptions to Minimum Age of 21 for Consumption of Alcohol as of January 1, 2011," www.alcoholpolicy.niaaa.nih.gov (accessed Jan. 24, 2012)
(Click to enlarge image)
National Institute on Alcohol Abuse and Alcoholism (NIAAA) bar graph showing number of states and variations in their underage alcohol consumption laws. Source: Alcohol Policy Information System (APIS), "Number of States with Family and Location Exceptions to Minimum Age of 21 for Consumption of Alcohol, January 1, 1998 through January 1, 2011 ," www.alcoholpolicy.niaaa.nih.gov (accessed Jan. 24, 2012)
