Spring Break
The Many Faces of Underage Drinking
Dean Galero
Issue date: 12/3/08 Section: Opinion
Colleges seem to always find themselves in a tight spot, caught between the widespread participation and the looming illegality of underage drinking. It's no secret that many students drink, whether it be a solo activity to pass time or a social activity amidst a local party, and a problem arises because the vast majority of students here are not 21 and yet this majority also drinks. While the decision to drink is a private one, the legal intricacies cannot be ignored by students.
Everyone knows the legal drinking age in the United States is 21. This de jure restriction has been around only since 1984 when the National Minimum Drinking Act was passed, nationalizing the age at which citizens can purchase and publicly possess alcohol. Interestingly, the law does not demand this type of state-by-state legislation, but rather enforces it through fear of monetary penalty. If a state does not legislate against the underage purchase or public consumption of alcohol, that state will lose ten percent of its annual federal highway appointment, which, in the interest of public transportation and commerce, is very important.
Even with the national legislation and regulation, there are still certain legal exceptions that some states make when it comes to underage drinking. While the two are closely linked, the consumption and the possession of alcohol are two different concepts which normally come paired together. All states, under the National Minimum Drinking Act, have a ban on the underage possession of alcohol, which includes having the alcohol on one's person in public or going to a store and purchasing the alcohol (handing the drink from the store's possession to your own). Not all states outright ban the consumption of alcohol, and there are many states with very lax laws on who can consume it. Currently there are 25 states with familial exceptions to alcohol consumption, 23 states with location exceptions, and 20 states with neither exception. States that do not recognize either exception include Utah, Arkansas, and Tennessee. Some of the states that recognize both exceptions include California, Louisiana, and Mississippi.
Everyone knows the legal drinking age in the United States is 21. This de jure restriction has been around only since 1984 when the National Minimum Drinking Act was passed, nationalizing the age at which citizens can purchase and publicly possess alcohol. Interestingly, the law does not demand this type of state-by-state legislation, but rather enforces it through fear of monetary penalty. If a state does not legislate against the underage purchase or public consumption of alcohol, that state will lose ten percent of its annual federal highway appointment, which, in the interest of public transportation and commerce, is very important.
Even with the national legislation and regulation, there are still certain legal exceptions that some states make when it comes to underage drinking. While the two are closely linked, the consumption and the possession of alcohol are two different concepts which normally come paired together. All states, under the National Minimum Drinking Act, have a ban on the underage possession of alcohol, which includes having the alcohol on one's person in public or going to a store and purchasing the alcohol (handing the drink from the store's possession to your own). Not all states outright ban the consumption of alcohol, and there are many states with very lax laws on who can consume it. Currently there are 25 states with familial exceptions to alcohol consumption, 23 states with location exceptions, and 20 states with neither exception. States that do not recognize either exception include Utah, Arkansas, and Tennessee. Some of the states that recognize both exceptions include California, Louisiana, and Mississippi.
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