Underage Drinking
Massachusetts
The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.
Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):
- parent/guardian
Consumption is not explicitly prohibited.
Internal possession is not explicitly prohibited.
Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.
Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):
- parent/guardian
- OR spouse
- Beer: 18 for both servers and bartenders
- Wine: 18 for both servers and bartenders
- Spirits: 18 for both servers and bartenders
- Beer: 18
- Wine: 18
- Spirits: 18
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- No driver's license suspension procedure
Provision(s) targeting suppliers:
- It is a criminal offense to lend, transfer, or sell a false ID
- It is a criminal offense to manufacture or distribute a false ID
Provision(s) targeting retailers:
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.
Keg definition: more than 2 gallons
Purchaser information collected:
- purchaser's name and address
Warning information to purchaser: active – purchaser action required (e.g., signature)
Deposit required: $5
Provisions do not specifically address disposable kegs
Notes:
The deposit provisions in Massachusetts require that a purchaser pay the following: (a) a container fee of not less than $10.00 for each keg having a capacity of six or more gallons and of not less than $1.00 for each container having a capacity of less than six gallons; and (b) a registration fee of $10.00 for each keg having a capacity of six or more gallons and of $4.00 for each keg having a capacity of less than six gallons. The comparison tables display the minimum required amount.
Massachusetts has two Use/Lose laws:
- Type(s) of violation leading to driver's license suspension, revocation, or denial:
- Underage possession
- Use/lose penalties apply to minors under age 21
- Authority to impose driver's license sanction
- mandatory
- Length of suspension/revocation: 90 days
- Type(s) of violation leading to driver's license suspension, revocation, or denial:
- Underage purchase
- Use/lose penalties apply to minors under age 21
- Authority to impose driver's license sanction
- mandatory
- Length of suspension/revocation: 180 days
Social host law is not specifically limited to underage drinking parties.
Action by underage guest that triggers violation: Possession
Property type(s) covered by liability law:
- Residence
- Outdoor
- Other
Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence
Exception(s):
- Family
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