Yahoo Lifestyle 31 States Have Laws That Allow People Under 21 to Drink Legally — Here’s What You Need to Know
Where you can make your kid a Martini in more states than you'd think.
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Even if you didn’t matriculate from a prestigious law school, you’re probably aware that people under 21 can’t legally drink in the United States. What’s less known, however, is that there’s an array of exceptions to the minimum legal drinking age. These nuances vary by state, setting, and other factors.
Curious how to navigate this complex terrain? Here’s everything you need to know about how it’s actually legal for minors to consume alcohol in a majority of U.S. states.
Related: Are Children Allowed to Drink Nonalcoholic Beer? It's Kind of Complicated
U.S. alcohol laws, explained
To explore U.S. alcohol laws and their exceptions, it’s helpful to become familiar with the legal definitions of a few terms.
Relevant alcohol-related behaviors include internal consumption, consumption, and possession. Internal consumption is a somewhat clunky way of saying that there’s evidence of alcohol in your body via a breath, blood, or urine test. Consumption is exactly what it sounds like: You’ve ingested ethanol in one form or another, such as wine, liquor, beer, or another alcoholic product.
Possession is a bit more complicated. It can entail any amount of alcohol on your person, or in a bag, locker, closet, or car that you own. Possession can also mean that you have unobstructed access to and control of alcohol. For example, if you’re under 21 and attend a party where alcohol is freely available and no one is checking IDs, you could technically be charged with possession, even if you didn’t drink a drop.
Related: Would You Prefer Your January Dry, Damp, or Wet? We Have Thoughts.
Where and when people under 21 can legally drink
According to the Alcohol Policy Information System (APIS), there are 31 states where people under 21 can consume or possess alcohol, depending on where they are and who’s with them. Here’s a state-by-state breakdown:
Alaska | Minors can possess and consume alcohol with a parent, guardian, or spouse in any private location. |
California | Minors can possess alcohol with a parent or guardian in any private location. |
Colorado | Minors can possess, consume, or have internal possession of alcohol with a parent or guardian in any private location. |
Connecticut | Minors can possess alcohol with a parent, guardian, or spouse. |
Delaware | Minors can possess and consume alcohol with a parent, guardian, or spouse in a private residence. |
Georgia | Minors can possess alcohol with a parent or guardian, but only in the parent or guardian’s home. |
Hawaii | Minors can possess and consume alcohol in any private location. |
Idaho | Minors can possess alcohol with a parent or guardian in any private location. |
Illinois | Minors can possess alcohol with a parent or guardian, and consume it with a parent or guardian in a private residence. |
Iowa | Minors can possess and consume alcohol with a parent or guardian in a private residence. |
Louisiana | Minors can possess and consume alcohol with a parent, guardian, or spouse in a private residence. |
Maryland | Minors can possess and consume alcohol with a parent, guardian, or spouse in a private residence. |
Massachusetts | Minors can possess alcohol with a parent or guardian. |
Minnesota | Minors can possess alcohol in a parent or guardian’s home, and they can consume with a parent or guardian in the parent or guardian’s home. |
Mississippi | Minors can possess alcohol with a parent or guardian in any private location. |
Montana | Minors can possess and consume alcohol with a parent or guardian. |
Nebraska | Minors can possess or consume alcohol in a parent or guardian’s home only. |
Nevada | Minors can possess alcohol with a parent, guardian, or spouse in any private location. |
New Jersey | Minors can possess and consume alcohol in any private location. |
New Mexico | Minors can possess alcohol with a parent, guardian, or spouse in any private location. |
New York | Minors can possess alcohol with a parent or guardian. |
Ohio | Minors can possess and consume alcohol with a parent, guardian, or spouse. |
Oklahoma | Minors can possess alcohol in any private location. |
Oregon | Minors can possess and consume alcohol with a parent or guardian in a private residence. |
South Carolina | Minors can possess, consume, and have internal possession of alcohol in a parent or guardian’s home only. |
South Dakota | Minors can possess and consume alcohol with a parent, guardian, or spouse. |
Texas | Minors can possess and consume alcohol with a parent, guardian, or spouse. |
Virginia | Minors can possess and consume alcohol with a parent, guardian, or spouse in a private residence. |
Washington | Minors can possess and consume alcohol with a parent or guardian. |
Wisconsin | Minors can possess or consume alcohol with a parent, guardian, or spouse. |
Wyoming | Minors can possess, consume, and have internal possession of alcohol with a parent, guardian, or spouse. |
All other states | Minors can’t possess, consume, or internally possess alcohol, regardless of where it’s served and who is present. |
Other places where people under 21 can legally drink alcohol
A few geographic variables outside the 50 states affect the minimum legal drinking age, too.
In Puerto Rico and the U.S. Virgin Islands, you can legally drink alcohol once you’re 18 years old. But residents and visitors to these U.S. territories are prohibited from purchasing alcohol there and bringing it to any of the 50 states.
There aren’t federal laws that determine the minimum legal drinking ages on any American Indian reservations. Because tribal nations are sovereign, they can create their own laws regarding access to alcohol and its consumption.
If you’re uncertain whether someone under 21 can drink legally, check local laws to make sure you’re in the clear.
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