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

Answers:

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. 


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