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Underage Drinking: Possession/Consumption/Internal Possession of Alcohol
Laws that prohibit underage alcohol possession, consumption, or internal possession (see Definitions), together with various statutory exceptions to these laws.
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Only States for which the policy has changed are shown.
Each State has two or more rows.
The first row shows the policy at baseline.
Subsequent rows show each policy change (see Instructions Tab for an example).
See Jurisdiction or Row Notes for possible exceptions.
Roll over the column headings for a definition of the heading.
NOTE: This table reports data on prohibitions of three closely related behaviors:
1) Possession of alcoholic beverages, 2) Consumption of alcoholic beverages, and 3) Internal Possession of alcoholic beverages.
For each state, each of these behaviors is addressed in a separate row of the table.
AR Juris Note
Although Arkansas law previously prohibited alcohol in the body of a minor from being deemed to be in his or her possession, beginning on July 27, 2011, Arkansas provides that "intoxicating liquor, wine, or beer in the body of a minor is deemed to be in his or her possession.” Ark. Code Ann. § 3-3-203(a)(2). Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS. |
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| 1/1/1998 - 7/26/2011 | Internal Possession | No | | | | | | 1 citation
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AR Juris Note
Although Arkansas law previously prohibited alcohol in the body of a minor from being deemed to be in his or her possession, beginning on July 27, 2011, Arkansas provides that "intoxicating liquor, wine, or beer in the body of a minor is deemed to be in his or her possession.” Ark. Code Ann. § 3-3-203(a)(2). Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS. |
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| 7/27/2011 - 1/1/2012 | Internal Possession | - | | | | | | No Law 2 citations
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CT | 1/1/1998 - 9/30/2006 | Possession | Yes | | | | | | 2 citations
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CT | 10/1/2006 - 1/1/2012 | Possession | Yes | | | | | | 3 citations
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HI | 1/1/1998 - 6/18/2006 | Consumption | - | | | | | | No Law
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HI | 6/19/2006 - 1/1/2012 | Consumption | Yes | | | | | | 2 citations
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KS | 1/1/1998 - 6/30/2006 | Internal Possession | - | | | | | | No Law
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KS Row Note
INTERNAL POSSESSION: Kansas has an exception permitting persons under 21 years of age to possess or 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). |
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| 7/1/2006 - 1/1/2012 | Internal Possession | Yes | | | | | | 3 citations
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ME | 1/1/1998 - 9/20/2001 | Possession | Yes | | | | | | 2 citations
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ME | 9/21/2001 - 1/1/2012 | Possession | Yes | | | | | | 4 citations
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MD | 1/1/1998 - 9/30/2009 | Possession | Yes | | | | | | 4 citations
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MD Row Note
Maryland's exception includes members of an individual's "immediate family" when the alcoholic beverage is furnished and possessed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002. |
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| 10/1/2009 - 1/1/2012 | Possession | Yes | | | | | | 3 citations
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MD | 1/1/1998 - 9/30/2009 | Consumption | - | | | | | | No Law
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MD Row Note
Maryland's exception includes members of an individual's "immediate family" when the alcoholic beverage is furnished and consumed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002. |
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| 10/1/2009 - 1/1/2012 | Consumption | Yes | | | | | | 2 citations
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MO | 1/1/1998 - 8/27/2005 | Internal Possession | - | | | | | | No Law
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MO | 8/28/2005 - 1/1/2012 | Internal Possession | Yes | | | | | | 3 citations
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NE | 1/1/1998 - 8/31/2001 | Consumption | - | | | | | | No Law
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NE | 9/1/2001 - 1/1/2012 | Consumption | Yes | | | | | | 6 citations
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NH | 1/1/1998 - 12/31/2002 | Internal Possession | - | | | | | | No Law
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NH | 1/1/2003 - 1/1/2012 | Internal Possession | Yes | | | | | | 3 citations
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NM | 1/1/1998 - 6/30/1998 | Possession | Yes | | | | | | 1 citation
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NM Row Note
POSSESSION: In New Mexico between July 1, 1998, and June 30, 2004, possession of alcoholic beverages by a person under 21 was specifically allowed when "a parent or legal guardian of a minor serve[d] alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent or legal guardian." |
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| 7/1/1998 - 6/30/2004 | Possession | Yes | | | | | | 2 citations
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NM Row Note
POSSESSION: In New Mexico beginning July 1, 2004, possession of alcoholic beverages by a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult
spouse.” |
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| 7/1/2004 - 1/1/2012 | Possession | Yes | | | | | | 2 citations
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NC | 1/1/1998 - 11/30/2006 | Consumption | - | | | | | | No Law
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NC | 12/1/2006 - 1/1/2012 | Consumption | Yes | | | | | | 3 citations
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NC | 1/1/1998 - 11/30/2006 | Internal Possession | - | | | | | | No Law
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NC | 12/1/2006 - 1/1/2012 | Internal Possession | Yes | | | | | | 2 citations
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SC | 1/1/1998 - 6/30/2007 | Consumption | - | | | | | | No Law
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SC | 7/1/2007 - 1/1/2012 | Consumption | Yes | | | | | | 6 citations
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SC | 1/1/1998 - 6/30/2007 | Internal Possession | - | | | | | | No Law
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SC | 7/1/2007 - 1/1/2012 | Internal Possession | Yes | | | | | | 8 citations
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SD | 1/1/1998 - 6/30/2010 | Possession | Yes | | | | | | 1 citation
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SD | 7/1/2010 - 1/1/2012 | Possession | Yes | | | | | | 3 citations
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SD | 1/1/1998 - 6/30/2010 | Consumption | Yes | | | | | | 1 citation
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SD | 7/1/2010 - 1/1/2012 | Consumption | Yes | | | | | | 3 citations
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UT | 1/1/1998 - 5/2/2004 | Internal Possession | - | | | | | | No Law
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UT | 5/3/2004 - 1/1/2012 | Internal Possession | Yes | | | | | | 6 citations
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VT | 1/1/1998 - 6/30/2000 | Consumption | - | | | | | | No Law
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VT | 7/1/2000 - 1/1/2012 | Consumption | Yes | | | | | | 4 citations
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VA | 1/1/1998 - 6/30/2006 | Possession | Yes | | | | | | 2 citations
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VA Row Note
POSSESSION: Virginia law provides for two separate family exceptions. First, Virginia permits persons under twenty-one to possess alcoholic beverages due to such person's "making a delivery of alcoholic beverages by order of his parent." APIS interprets the phrase “by order of his parent” as providing for parental consent. Va. Code Ann. § 4.1-305. Second, Virginia permits underage possession when an alcoholic beverage is provided to an underage guest in a private residence and the underage guest is "accompanied by a parent, guardian, or spouse who is twenty-one years of age or older." Va. Code Ann. §§ 4.1-305, 4.1-200. The second exception is limited to specific locations, but the first one is not. Because at least one of these exceptions is not conditioned on a specific location, APIS codes the Parent/Guardian exception with a check mark rather than a plus sign. |
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| 7/1/2006 - 1/1/2012 | Possession | Yes | | | | | | 5 citations
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VA | 1/1/1998 - 6/30/2005 | Consumption | - | | | | | | No Law
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VA | 7/1/2005 - 6/30/2006 | Consumption | Yes | | | | | | 3 citations
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VA | 7/1/2006 - 1/1/2012 | Consumption | Yes | | | | | | 5 citations
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WY | 1/1/1998 - 6/30/2010 | Possession | Yes | | | | | | 1 citation
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WY | 7/1/2010 - 1/1/2012 | Possession | Yes | | | | | | 2 citations
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WY | 1/1/1998 - 6/30/2010 | Consumption | - | | | | | | No Law
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WY | 7/1/2010 - 1/1/2012 | Consumption | Yes | | | | | | 2 citations
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WY | 1/1/1998 - 6/30/2010 | Internal Possession | - | | | | | | No Law
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WY | 7/1/2010 - 1/1/2012 | Internal Possession | Yes | | | | | | 2 citations
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