This policy topic is included in the APIS Highlight on Underage Drinking section.  The Highlight's overview of underage drinking policy in the United States provides additional context that may be helpful in understanding this policy topic. State-by-State summaries of the APIS underage drinking policy topics are available in the State Profiles of Underage Drinking Laws section.  Maps and charts for all of these policy topics are collected on a single page to provide a more comprehensive graphical overview of underage policies.

Policy Description

Note: The secondary literature and the laws and regulations related to this policy topic use a variety of terms that are sometimes used in different ways by different jurisdictions.  To see definitions for these terms as they are used in APIS, choose the link to Definitions on the right side of this page.

All States prohibit possession of alcoholic beverages (with certain exceptions) by those under age 21.  In addition, most but not all States have statutes that specifically prohibit consumption of alcoholic beverages by those under the age of 21.  Many States that prohibit possession and/or consumption apply various statutory exceptions to these provisions (see below).  

In recent years, a number of States have passed laws prohibiting the "internal possession" of alcohol by persons under 21 years of age.  These provisions typically require evidence of alcohol in the minor's body, but do not require any specific evidence of possession or consumption.  Internal possession laws are especially useful to law enforcement in making arrests or issuing citations when breaking up underage drinking parties.  Internal possession laws allow officers to bring charges against underage persons who are neither holding nor drinking alcoholic beverages in the presence of law enforcement officers.  As with laws prohibiting underage possession and consumption, States that prohibit internal possession may apply various statutory exceptions to these provisions (see below).

Although all States prohibit possession of alcohol by minors, some States do not specifically prohibit underage alcohol consumption. In addition, some States that do prohibit underage consumption allow different exceptions for consumption than those that apply to underage possession. States that may prohibit underage possession and/or consumption may or may not address the issue of internal possession.

APIS codes a State as having an internal possession law if its statutes or regulations prohibit a person under the age of 21 from having alcohol in her or his system as determined by a blood, breath or urine test.  Laws that punish persons under the age of 21 for displaying "indicators of consumption," or for "exhibiting the effects" of having consumed alcohol, are not considered to be internal possession laws for the purpose of APIS coding.

Exceptions

Some States allow an exception to possession, consumption, or internal possession prohibitions when a family member consents and/or is present.  States vary widely in terms of which relatives may consent or must be present for this exception to apply and in what circumstances the exception applies.  Sometimes a reference is made simply to "family" or "family member" without further elaboration.

APIS codes two types of family member exceptions.  The first is an exception for either the consent or presence of a parent or guardian.  The second is an exception for either the consent or presence of the spouse of a married minor.    

When a statute or regulation is unclear as to which family members must be present and/or consent, APIS assumes that parents, guardians, and spouses are all included.  Further detail and explanations for such statutes and regulations are provided in row and/or jurisdiction notes in the comparison tables.  Some jurisdictions limit family member exceptions to specific locations.  For example, minors might be allowed to possess or consume alcohol with parental consent in their parents' residence, but not elsewhere.

Some States allow exceptions to possession, consumption, or internal possession prohibitions on private property.  States vary in the extent of the private property exception, which may extend to all private locations, private residences only, or in the home of a parent or guardian only.  In some jurisdictions, a location exception is conditional on the presence and/or consent of a parent, legal guardian, or spouse.

With respect specifically to consumption laws, some States prohibit underage consumption only on licensed premises.  Because these prohibitions are narrow, APIS codes such States as having no law prohibiting consumption.

Email a link to this page: http://alcoholpolicy.niaaa.nih.gov/UnderagePossession