Underage Drinking

Furnishing Alcohol to Minors

Laws that prohibit furnishing minors with alcohol and various statutory exceptions to these laws.

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Jurisdiction Policies as of Furnishing
Prohibited
Exceptions
Alcohol Furnished By
Exceptions
Location
Affirmative
Defense:
Minor Not
Charged
Citations
Parent /
Guardian
Spouse In Any
Private
Location
In Private
Residence
In Parent/
Guardian's
Home Only
Alabama (3166)
1/1/2020Yes 2 Citations
Alaska (3167)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exception 3 Citations
Arizona (3168)
1/1/2020Yes 4 Citations
Arkansas (3117)

Arkansas' statute regarding furnishing alcohol to any person under 21 years old includes an exception for "family" members, but does not specify which family members. APIS interprets the phrase “family” as including a spouse.

1/1/2020YesYesYes 2 Citations
California (3118)
1/1/2020Yes 2 Citations
Colorado (3119)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 3 Citations
Connecticut (3120)
1/1/2020YesYesYes 3 Citations
Delaware (3121)

Delaware’s exception includes “members of the same family” and allows furnishing if in the “private home of any of said members.” See Del. Code Ann. tit. 4, § 904. APIS interprets the phrase “members of the same family” as including a spouse.

1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exception 2 Citations
District of Columbia (3122)
1/1/2020Yes 3 Citations
Florida (3123)
1/1/2020Yes 2 Citations
Georgia (3124)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 1 Citations
Hawaii (3125)
1/1/2020YesYes 3 Citations
Idaho (3126)
1/1/2020Yes 2 Citations
Illinois (3127)
1/1/2020Yes 2 Citations
Indiana (3128)
1/1/2020Yes 2 Citations
Iowa (3129)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 2 Citations
Kansas (3130)

Kansas has an exception permitting the furnishing by a parent or legal guardian to a child or ward but the exception only applies 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 liquor which is more than 3.2 percent ABW).

1/1/2020Yes 4 Citations
Kentucky (3131)
1/1/2020YesYes 4 Citations
Louisiana (3132)
1/1/2020YesYesYes 3 Citations
Maine (3133)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 3 Citations
Maryland (3134)

Maryland's exception allows furnishing of alcohol to minors by members of their "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.

1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exception 4 Citations
Massachusetts (3135)
1/1/2020YesYesYes 1 Citations
Michigan (3136)
1/1/2020YesYes3 Citations
Minnesota (3137)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 1 Citations
Mississippi (3138)

Mississippi's Parent/Guardian and Spouse exception applies to those persons at least 18 years old and only for furnishing of light wine or beer.

1/1/2020YesYesYes 5 Citations
Missouri (3139)
1/1/2020YesYes 3 Citations
Montana (3140)

The parental exception applies to the provision of alcohol in a “nonintoxicating quantity.” In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. § 16-6-305.

1/1/2020YesYes 2 Citations
Nebraska (3141)
1/1/2020Yes 4 Citations
Nevada (3142)
1/1/2020YesYes 1 Citations
New Hampshire (3143)
1/1/2020Yes 1 Citations
New Jersey (3144)
1/1/2020YesYes 1 Citations
New Mexico (3169)

In New Mexico beginning July 1, 2004, furnishing of alcoholic beverages to 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,” or when "alcoholic beverages are used in the practice of religious beliefs." See N.M. Stat. Ann. § 60-7B-1(B).

1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exception 2 Citations
New York (3146)
1/1/2020Yes 1 Citations
North Carolina (3147)
1/1/2020Yes 3 Citations
North Dakota (3148)
1/1/2020Yes 1 Citations
Ohio (3149)
1/1/2020YesYesYes 1 Citations
Oklahoma (3150)
1/1/2020Yes 3 Citations
Oregon (3151)
1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Family exception 2 Citations
Pennsylvania (3152)
1/1/2020Yes 1 Citations
Rhode Island (3153)
1/1/2020YesYes 4 Citations
South Carolina (3154)

South Carolina's Parent / Guardian and Spouse exceptions apply when the alcohol is furnished in the home of the spouse or in the home of the parent or guardian. See S.C. Code Ann. §§ 61-4-90, 61-6-4070 and 61-6-4075.

1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exceptionYes11 Citations
South Dakota (3155)
1/1/2020YesYesYes 2 Citations
Tennessee (3156)
1/1/2020Yes 3 Citations
Texas (3157)

In Texas, a person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

1/1/2020YesYesYes 3 Citations
Utah (3158)
1/1/2020Yes 4 Citations
Vermont (3159)
1/1/2020Yes 1 Citations
Virginia (3160)

Prior to July 1, 2005, Virginia’s law allowing any person to keep or possess alcoholic beverages “in his residence for his personal use or that of his family” was not specific to minors and therefore did not meet the criteria for an exception in this policy topic. With the passage of legislation effective July 1, 2005, however, this exception was incorporated in a new underage furnishing provision and now meets the criteria for coding the Parent / Guardian and Spouse exceptions to underage furnishing, when the alcohol is provided by a person “in his residence.”

1/1/2020YesOnly in combination with some Location exceptionOnly in combination with some Location exceptionOnly in combination with some Family exception 4 Citations
Washington (3161)
1/1/2020YesYes 1 Citations
West Virginia (3162)

West Virginia's exception allows relatives by blood or marriage to furnish alcohol to minors.

1/1/2020YesYesYes 3 Citations
Wisconsin (3163)
1/1/2020YesYesYes 2 Citations
Wyoming (3164)

Wyoming's exception allows members of the minor's "immediate family" to furnish alcohol. APIS interprets the phrase “immediate family” as including a spouse.

1/1/2020YesYesYes 1 Citations
United States (3165)

Please see the Federal Law page for this policy topic, on the About This Policy tab.

1/1/2020