Buying Beer At 18: Where To Go?

In the United States, the legal drinking age is 21. However, this doesn't stop many people under the age of 21 from turning to non-alcoholic beers, which allow them to enjoy the taste of beer without the intoxicating effects. While non-alcoholic beers are generally considered to be safer than alcoholic beers, there are still laws in some states that restrict their purchase by minors. So, where can an 18-year-old go to buy beer? The answer depends on the specific state laws and whether the beer is alcoholic or non-alcoholic.

Non-alcoholic beer laws in the US

In the United States, you must be 21 to purchase and consume alcoholic beverages. This rule is not federal but is set by each state. However, this does not mean that an 18-year-old can buy non-alcoholic beer.

Non-alcoholic beers are still regulated by the Federal Alcohol Administration Act (FAA), which does not indicate an ABV minimum. This means that non-alcoholic beers, which contain less than 0.5% ABV, are treated as regular alcoholic beverages.

The laws surrounding the purchase of non-alcoholic beer by those under 21 vary from state to state. In some states, like Oregon, West Virginia, and Wyoming, those under 21 cannot purchase non-alcoholic beer. In other states, like Ohio, those over 18 can buy non-alcoholic beer. In Alabama, non-alcoholic beer is not regulated in wet counties, but the "sale" is prohibited in dry counties.

Some states allow minors to consume non-alcoholic beer under certain conditions. For example, in Alabama, Louisiana, Mississippi, and New Mexico, minors can consume non-alcoholic beer with parental permission or in the presence of a parent or legal guardian.

Retailers should be aware of the laws in their state before stocking non-alcoholic products.

Alcoholic beer laws in the US

Alcohol laws in the US can be confusing, as the Twenty-first Amendment grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. However, there are some federal laws that apply across the country.

Federal Laws

The National Minimum Drinking Age Act of 1984 requires all states to set a minimum age of 21 for purchasing and possessing alcohol in public. This is enforced by threatening to withhold 10% of federal highway funding from states that do not comply.

The National Highway System Designation Act of 1995 also requires states to impose a "zero-tolerance law", prohibiting drivers under 21 from operating a motor vehicle with a blood alcohol content of 0.02% or higher. Again, this is enforced by threatening to withhold federal highway funding.

State Laws

Despite the federal laws, states are free to set their own laws regarding the production, sale, distribution, and consumption of alcohol, and these vary significantly across the country.

Some states, like Tennessee and Washington, allow those under 21 to drink for religious purposes. States including Oregon and New York allow drinking on private non-alcohol-selling premises. Some states, like Ohio, allow drinking in private and public places, including bars and restaurants, if accompanied by a parent, guardian, or spouse over 21.

In some states, like Alabama, certain counties do not allow the sale of alcohol, but possession and consumption are still legal within those counties.

Territories

US territories have different laws again. Puerto Rico and the US Virgin Islands have a minimum purchasing age of 18, while the minimum age is 21 in the Northern Mariana Islands, Guam, American Samoa, and the US Minor Outlying Islands.

Military Reservations

US military reservations are exempt from state-level alcohol laws. Class Six stores on military bases may sell alcohol during their prescribed hours of operation to authorised patrons. While the installation commander can set the drinking age, most stateside military bases mirror the local community's drinking age.

Homebrewing

Homebrewing of beer became legal in all 50 states in 2013. Most states allow the brewing of up to 100 gallons of beer per adult per year and up to 200 gallons per household annually when more than one adult resides there.

Non-Alcoholic Beer

The laws around non-alcoholic beer are murky. While it is generally illegal for minors to purchase it, some states, like Ohio, allow those over 18 to buy it.

Drinking laws in Ohio

Drinking laws in the United States require buyers of alcoholic beverages, like beer, to be at least 21 years old. However, in Ohio, there are some exceptions to these restrictions.

In Ohio, those under 21 may drink alcoholic beverages with a parent or guardian present, with their legal-aged spouse, or for legally defined religious, educational, or medical purposes. In addition, Ohio law permits parents to order alcoholic beverages for their children in restaurants or bars, as long as the parents are present while the drinks are consumed. It is important to note that this permission does not extend to other minors who are not their children.

Ohio has strict laws regarding underage drinking and driving. It is illegal for those under 21 to drive with a blood alcohol concentration (BAC) over 0.02%driving with a BAC of 0.02% or higher includes a minimum fine of $250, up to 30 days in jail, and at least four points added to the driver's license.

When it comes to purchasing alcohol, Ohio has specific age requirements. Adults aged 19 or older can serve alcohol in venues for on-site consumption, including selling beer "across a bar". However, to sell wine or spirits, a bartender must be at least 21 years old. For selling alcohol for off-site consumption, the minimum age is 18.

It is illegal for those under 21 to buy alcohol in Ohio, and providing alcohol to minors can result in a fine of up to $1,000 and/or up to six months in jail. Additionally, if an underage person hurts themselves, someone else, or damages property after being provided with alcohol, people may sue the provider.

While non-alcoholic beer (NA beer) is becoming increasingly popular, the laws surrounding their purchase and consumption by minors can be complex and vary from state to state. In Ohio, individuals must be over 18 to purchase NA beer, and it is permitted for consumption by those aged 18 and older.

Drinking laws in Mississippi

In Mississippi, an 18-year-old cannot buy beer or any other alcoholic beverage. The drinking age in the United States is 21, and purchase is prohibited for those under this age.

However, Mississippi does have a Parent/Guardian exception, which allows those aged 18 and over to possess and consume light wine or beer with parental permission. This exception also applies to furnishing light wine or beer to minors.

An 18-year-old can serve beer in a bar or restaurant in Mississippi, but they must be 21 to be a bartender.

Mississippi also has a social host law, which specifically prohibits hosting underage drinking parties. It is also illegal to use a false ID to obtain alcohol, and there are penalties for minors who drive under the influence.

Drinking laws in North Dakota

In North Dakota, an 18-year-old cannot buy beer. The legal drinking age in the state is 21 years, and it is illegal to serve alcohol to anyone under the age of 21. However, it is legal to sell alcohol to persons aged 18-20 if they are accompanied by a parent, guardian, or spouse who is 21 or older.

North Dakota's drinking laws include several other provisions. It is illegal to drive with a blood alcohol level over 0.08%. While public intoxication is not a crime, it is illegal for anyone under 21 to loiter on the licensed premises of an on-sale alcohol licensee. Alcohol sales are prohibited on certain holidays, including Thanksgiving (after 2 am), Christmas Eve (after 6 pm), and all day on Christmas Day. Alcohol may not be served between 2 am and 8 am Monday to Saturday, and on Sundays, alcohol sales are restricted to 8 am to midnight.

In terms of licensing, any person intending to sell alcoholic beverages must be licensed by the Attorney General. This requires submitting the required application forms at least four to six weeks in advance. The license must be renewed by December 31st each year, with late renewals incurring an additional fee. The application process includes providing personal information, an alcoholic beverage floor plan, local beer and liquor licenses, health and safety inspection reports, and proof of ownership or rental agreements.

North Dakota's drinking laws also outline penalties for furnishing alcohol to underage individuals. For example, a licensee who sells or serves alcohol to an individual under 18 faces a Class 1 misdemeanour, while serving an 18-21-year-old without a parent, guardian, or spouse present is a Class 2 misdemeanour.

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