Law on an 18 year old can drinking alcohol??

Question

well this co-worker on mine said that there is a law in California stating that an 18-20 year old person CAN drink alcohol but they have to be under their parent/legal guardian supervision AND at their house. I never heard of anything like this, sounds more like a myth or maybe a law elsewhere. Can anyone help??

Answer 1

It is always impossible to find a law saying you CAN do something. My example is that I cannot cite you a law saying you can carry a rutabaga, there is simply no law prohibiting it. So the question is: what California laws pertain to those under 21 and alcohol?

Possession of alcohol by those under 21 is regulated by Business and Professions Code section 25662, which makes it illegal for such a person to possess alcohol in a public place or on a public street. This would apply to a vehicle, but not to a home (unless the home was being used for a party open to the public, etc.). It also does not apply to possession for delivery upon direction of a parent or to possession in pursuance of employment.

The only statute I know which regulates consumption is Business and Professions Code section 25658 which makes it illegal for a person under 21 to consume alcohol in an on-sale establishment (i.e., a bar). This also would not apply in a home.

I do note, however, that Business and Professions Code section 25658 not only makes it illegal to SELL alcohol to a person under 21, but also to FURNISH alcohol to such a person. I don't find anything which makes an exception for parents, which makes it appear that if a parent gives a child under 21 alcohol in a private place, the child is not committing an offense, but the parent is. I also cannot find any authority which resolves this question either way.

It seems odd to me that there would be no law saying a person under 21 cannot possess or consume alcohol in the home, but at the same time it would be illegal for anybody to give the minor the alcohol to possess or consume in the home, so perhaps there is something I am overlooking. This also would appear to put many priests in violation of the law every Sunday.

Answer 2

CHECK OUT THE LINK I provide below. It's possible your friend is correct, but you should speak to a drunk California lawyer about it. The link is updated as of 1/1/2006 and states that there is NO EXPLICIT LAW against consumption of alcohol by a minor. But it seems like there's more to it. What I think from browsing the site is that there are exceptions to the general rule of 21 years old. I should get voted the best answer because I provide a reliable source.

Answer 3

In New York, Nassau and Suffolk Counties, the law came into effect 1/1/07 that a minor of any age can drink in their own home with parental consent. Before that it was anyone's home, not just theirs, again with their parental consent. The law was changed here on Long Island to try to stop underage drinking and driving from teenage house parties.
This law does not specify age, accept to the degree of being underage to drink at a public place, meaning a bar or restaurant.

Answer 4

I don't know about California, but that is the law here in Wisconsin. I think even minor children over a certain age (11, I think) can drink limited amounts of beer with parental supervision at home, and they are allowed to enter bars with such supervision as well.

All states also have exemptions for sacramental use of alcohol.

Answer 5

Some states have exceptions to the law that states those under 21 cannot drink alcohol, but CA is not one of them. Here's the chart:

Answer 6

I doubt it. There are laws that someone 18-21 can SELL alcohol. I'm not in Cali, so I can't help you on state laws. But as far as I know it is illegal for ANYONE, ANYTIME, to drink under the age of 21.

Answer 7

Never heard of that. My best friend lived in CA for 2 years and she never could go to the bars, she just ended up staying at her apartment with friends and having a couple drinks, obviously not good. I think 21 goes for pretty much everybody in the US.

Answer 8

Most definitely not. I have lived in CA all my life, and as long as I have been alive, the minimum drinking age has been 21.

In fact, there have actually recently been a couople of criminal cases where the parents have allowed drinking, and then the young people crashed their car...the adult in the situation went to jail.

Answer 9

I have never heard of this law before and it sounds like you are correct, it is a myth. Responsible though to ask.

Answer 10

I asked this once to a police officer in NE, He said, if you are in you perminant place of residence you can not get an MIP...however, if you are drinking with other who are not of age, you will get a percurring to a minor charge....and if you stip off your property even one step, you can get a ticket....so, even if you can drink at home, but have to do it alone with no friends, what fun is that. Its still illegal for a minor to buy or consume alcohol, but they just can't get you on your property....