The Balams Firm - March 2024

How Someone Under 21 Can Legally Consume Alcohol WHEN MINORS ARE ALLOWED TO IMBIBE

When it comes to drinking age requirements, the U.S. is strict for a Western country. The National Minimum Drinking Age Act was enacted in 1984, which raised the minimum age for alcohol consumption from 18 to 21. It also set a precedent for the age requirement for other substances. The Food and Drug Administration (FDA) banned tobacco purchase for anyone under 21, and recreational cannabis is similarly age-restricted. While the law dictates that people under 21 can’t consume alcohol, that’s not the whole story. There are many exemptions nationwide, with every state having unique age requirement laws. Even counties can have special restrictions. American Indian reservations have independent sovereignty, so they don’t follow American laws at all. Religious Ceremonies and Services Currently, 26 states allow for religious exemptions for underage alcohol consumption. Alcohol is commonly used in many religious services; for example, Christian communion often involves a sip of wine. These legal loopholes are why priests aren’t arrested every Sunday. States that don’t have laws for religious exemptions never generally enforce the alcohol requirement on religious organizations, so they are practically legal. Medicinal Purposes People use alcohol for more than just recreation: it’s often used for medicinal purposes, too. For example, cough syrup uses it to break down ingredients. It is thus legal for medicinal purposes in 16 states, including Wyoming and Utah. Isopropyl and rubbing alcohol are distinct from the ethyl alcohol used in spirits, so they aren’t regulated similarly. Drinking for Education Alcohol is a culinary mainstay for many cultures, and many dishes include alcohol as an essential component — tiramisu, coq au vin, and flambé, to name a few. For minors interested in pursuing a culinary career, preventing them from accessing alcohol can be detrimental to their education. So, many states allow students enrolled in the culinary arts — including brewing, enology (the study of wines), and hospitality — to consume alcohol for educational purposes. For example, in Florida, students can drink as much as they want as long they’re on campus and have specific curriculums. Undercover Imbibing Minors can work for law enforcement. If they’re going undercover to expose illegal activities, there’s a good chance they’ll be offered

alcohol or put into situations where drinking is advisable. In Hawaii and Michigan, undercover agents are allowed to purchase or consume alcohol so long as it pertains to their assignment. With Family Some parents prefer that their children drink at home for various reasons. A few argue it discourages drunk driving and other risky behavior. Others just like to share a beverage with their children at dinner. Regardless of the reasons, several states allow underage drinking in the presence of a family member or guardian. The details of this exception vary widely. For example, some stipulate that a family member must provide the alcohol, like in New Mexico. Many states restrict alcohol to home use only, such as in Nebraska. Texas and other states allow the exemption in any location, such as restaurants. Drinking is distinct from possession, in case things weren’t complicated enough. In 19 states, minors can possess alcohol with parental consent. Other states, like Utah, prohibit alcohol possession at all times. Other Complexities The law is always nuanced, but few are as complex as the tangled web of alcohol restrictions. States like Pennsylvania restrict the drinking age and require sellers to fulfill strict requirements, like only selling beer and wine under 5.7% alcohol. Meanwhile, Louisianians sell daiquiris from drive-thrus (so long as they don’t have straws). The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws. “The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws.” ”

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