The National Minimum Drinking Age Act of 1984 states that revenue will be withheld from states that allow the purchase of alcohol by anyone under the age of 21. Prior to the effective date of that Act, the drinking age varied from state to state. Some states do not allow those under the legal drinking age to be present in liquor stores or in bars (usually, the difference between a bar and a restaurant is whether food is being served). Contrary to popular belief, since the National Minimum Drinking Age Act of 1984, few states specifically prohibit minors' and young adults' consumption of alcohol in private settings. As of January 1, 2007, 14 states and the District of Columbia ban underage consumption outright, 19 states do not specifically ban underage consumption, and an additional 17 states have family member and/or location exceptions to their underage consumption laws.

Federal law explicitly provides for religious, medical, employment and private club possession exceptions; as of 2005, 31 states have family member and/or location exceptions to their underage possession laws. However, non-alcoholic beer in many (but not all) states, some including Idaho, Texas, and Maryland, is considered legal for minors (those under the age of 21).

By a judge's ruling, South Carolina appears to currently allow the possession and consumption of alcohol by those 18–20 years of age, though a circuit court judge said otherwise.

 

National Minimum Drinking Age Act

The National Minimum Drinking Age Act of 1984 (23 U.S.C. § 158), also called the Federal Uniform Drinking Age Act, was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate and enforce the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages. Under the Federal Aid Highway Act, a state not enforcing the minimum age would be subjected to a ten percent decrease in its annual federal highway apportionment.

While this act did not outlaw the consumption of alcoholic beverages by those under 21 years of age, seven states and Washington D.C. extended its provisions into an outright ban. These states are: Alabama, Idaho, Indiana, Kansas, North Carolina, and Pennsylvania. However, most states still permit "underage" consumption of alcohol in some circumstances. In some states, no restriction on private consumption is made, while in others, consumption is only allowed in specific locations, in the presence of consenting and supervising family members as in the states of California, Colorado, Montana, New York, Texas, Virginia ,West Virginia, Wisconsin, and Wyoming. The act also does not seek to criminalize alcohol consumption during religious occasions. Up to 10 "minors" may be present for this law to remain true. If all present 18+ year olds have parental consent, the parents or guardians present in the private residence are responsible.

 

References