Possession/Consumption/Internal Possession of Alcohol

Although Arkansas 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 law has provided that intoxicating liquor, wine, or beer in the body of a minor will be deemed to be in his or her possession. See 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.

Although Arkansas 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 law has provided that intoxicating liquor, wine, or beer in the body of a minor will be deemed to be in his or her possession. See 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.

Prior to July 1, 2014, Iowa law did not specifically prohibit consumption of alcohol by persons under 21, but only generally prohibited the use or consumption of alcohol by any person in a public place. Iowa added a specific underage consumption prohibition beginning on July 1, 2014.

Prior to July 1, 2014, Iowa law did not specifically prohibit consumption of alcohol by persons under 21, but only generally prohibited the use or consumption of alcohol by any person in a public place. Iowa added a specific underage consumption prohibition beginning on July 1, 2014.

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).

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.

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.

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."

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.”

Prior to November 1, 2015, persons under 21 could possess with intent to consume low-point beer (defined as beer or malt beverages not more than 3.2 percent ABW) if under the direct supervision of their parent or guardian. (Provisions specific to beer containing not more than 3.2 percent ABW are not used as a basis for APIS coding.)

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 21 unless under the direct supervision of a parent or guardian. This exception does not allow persons under 21 to consume such beverages on premises licensed to dispense low-point beer. (Provisions specific to beer containing not more than 3.2 percent alcohol by weight are not used as a basis for APIS coding.)

Prior to November 1, 2015, persons under 21 could consume low-point beer (defined as beer or malt beverages not more than 3.2 percent ABW) if under the direct supervision of their parent or guardian. (Provisions specific to beer containing not more than 3.2 percent alcohol by weight are not used as a basis for APIS coding.) Effective November 1, 2015, the prohibition was expanded to prohibit consumption of "low-point beer" or any "intoxicating liquor." Effective October 1, 2018, these prohibitions were repealed. 

South Carolina provides an exception for a minor’s use or possession of alcoholic beverages if the use or possession takes place in the home of the minor’s parents or guardian “so long as such beverage was legally purchased.” See S.C. Code Ann. § 63-19-2460.

South Carolina provides an exception for a minor’s use or possession of alcoholic beverages if the use or possession takes place in the home of the minor’s parents or guardian “so long as such beverage was legally purchased.”  See S.C. Code Ann. § 63-19-2460.

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.