45 states have exceptions to allow underage consumption of alcohol under certain circumstances. Five states (Alabama, Arkansas, Idaho, New Hampshire, and West Virginia) have no such exceptions. |
[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.] |
I. Eight Exceptions to the Minimum Legal Drinking Age (MLDA) of 21 II. State-by-State Guide to Underage Alcohol Consumption Laws and Exceptions III. Explanation of the Eight Exceptions to the MLDA |
I. Eight Exceptions to the Minimum Legal Drinking Age (MLDA) of 21 | |
Underage alcohol consumption allowed… | States |
1. on private, non alcohol-selling premises, with parental consent in 29 states Example: private home, private office, or private property with parental presence and consent |
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 |
2. on private, non alcohol-selling premises, without parental consent in 6 states Example: private home, private office, or private property without parental consent or presence |
Louisiana, Nebraska, Nevada, New Jersey, Oklahoma, South Carolina |
3. for religious purposes in 26 states Example: drinking wine during a church ceremony |
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 |
4. for medical purposes in 16 states Example: medical treatment prescribed or administered by a licensed physician |
Alaska, Arizona, Colorado, Connecticut, Georgia, Iowa, Louisiana, Montana, Nebraska, Nevada, New Jersey, North Carolina, Ohio, Utah, Washington, Wyoming |
5. for government work related purposes in 5 states Example: working undercover with police and participating in government research | Kansas, Michigan, Mississippi, Oregon, South Carolina |
6. for educational purposes in 11 states Example: students in culinary school |
Colorado, Florida, Illinois, Michigan, Missouri, New Jersey, New York, North Carolina, Rhode Island, South Carolina, Vermont |
7. when reporting medical need due to underage drinking for another minor in 17 states and DC Example: underage drinker calls 911 to report medical emergency for another underage drinker |
California, Colorado, Delaware, District of Columbia, Indiana, Kentucky, Michigan, Minnesota, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Texas, Utah, Vermont, Washington |
8. on alcohol-selling premises, with parental approval in 8 states Example: restaurant, bar, or a venue where alcohol is sold |
Connecticut, Louisiana, Mississippi, Nevada, Ohio, Texas, Wisconsin, Wyoming |
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 |
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AS 04.16.050; AS 04.16.151![]() |
3. Arizona |
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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 |
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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 |
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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.”
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7. Connecticut |
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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 |
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“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![]() ![]() |
State | Underage Consumption of Alcohol Is Allowed… | Notes and Link to Law |
District of Columbia |
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DC Official Code § 7-401 Section 3![]() ![]() |
9. Florida |
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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 |
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§ 3-3-23![]() |
11. Hawaii |
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§ 281-101.5![]() |
12. Idaho | Underage consumption of alcohol is prohibited with no exceptions. | 23-949![]() |
13. Illinois |
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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 |
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IC 7.1-1-3-25; 7.1-5-7-7; 7.1-5-1-6.5![]() |
15. Iowa |
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123.3; 123.47![]() |
16. Kansas |
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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 ![]() ![]() |
State | Underage Consumption of Alcohol Is Allowed… | Notes and Link to Law |
17. Kentucky |
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244.085![]() ![]() |
18. Louisiana |
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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 |
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§2051![]() |
20. Maryland |
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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 |
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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 |
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436.1703![]() |
State | Underage Consumption of Alcohol Is Allowed… | Notes and Link to Law |
23. Minnesota |
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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![]() ![]() |
24. Mississippi |
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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 |
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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 |
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Applies only to alcoholic beverages “provided in a nonintoxicating quantity.” 16-6-305; 45-5-624![]() |
27. Nebraska |
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Underage consumption of alcohol must be in the underage person’s permanant place of residence. 53-168.06; 53-180.02![]() |
28. Nevada |
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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 |
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Underage consumption of alcohol is not prohibited in private places. 2C:33-15; 2C:33-16; 2C:33-17![]() |
31. New Mexico |
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60-7B-1![]() |
32. New York |
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Article 5 § 65-c![]() ![]() |
State | Underage Consumption of Alcohol Is Allowed… | Notes and Link to Law |
33. North Carolina |
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§ 18B-103;
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34. North Dakota |
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Chapter 5-01![]() |
35. Ohio |
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4301.69![]() |
36. Oklahoma |
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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. Oregon |
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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 |
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18 Pa.C.S.A. § 6308![]() |
39. Rhode Island |
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§ 3-8-10![]() |
40. South Carolina |
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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 |
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35-9-2![]() |
42. Tennessee |
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1-3-113![]() |
43. Texas |
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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![]() ![]() |
44. Utah |
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32A-12-209![]() ![]() |
45. Vermont |
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Must be 18 or older and for culinary school. Title 7 Chapter 1 §2-3; Title 7 Chapter 21 §656![]() ![]() |
46. Virginia |
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§ 4.1-200; 4.1-304; 4.1-305![]() |
47. Washington |
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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 |
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Underage consumption of alcohol is allowed if accompanied by parent or legal guardian. 125.02; 125.07![]() |
50. Wyoming |
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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![]() |
State | Underage Consumption of Alcohol Is Allowed… | Notes and Link to Law |
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