Is underage drinking legal with parental consent?

The applicable statute in my state reads: “Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):private location,OR parent/guardian,OR spouse.”If someone under the age of 21 was drinking on a private location, with their parent/guardian’s consent, or a spouse’s consent would that still be illegal with those due exceptions of the law?

Asked on June 29, 2014 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There are some states that do indeed allow a minor to consume alcohol with the presence and consent of their parents on private premises (i.e., not a place that sells liquor like a bar or restaurant).  You list California as your home state.  That is NOT one of the states that has this exception. And certainly this exception offers no defense if one leaves the premises and drives. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.