![Beer at Walmart in Kissimmee FL](https://upload.wikimedia.org/wikipedia/commons/7/7b/Beer_at_Walmart_in_Kissimmee_FL.jpg)
In the United States, the
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by ...
grants each
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
and
territory
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
the power to regulate intoxicating liquors within their jurisdiction. As such, laws pertaining to the production, sale, distribution, and consumption of
alcoholic drink
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The c ...
s vary significantly across the country.
On July 17, 1984, the
National Minimum Drinking Age Act
The National Minimum Drinking Age Act of 1984 () was passed by the United States Congress and was later signed into law by President Ronald Reagan on July 17, 1984. The act would punish any state that allowed persons under 21 years to purchase a ...
was enacted. The Act requires all states to either set their minimum age to purchase alcoholic beverages and the minimum age to possess alcoholic beverages in public to no lower than 21 years of age or lose 10% (Changed to 8% in 2012) of their allocated federal highway funding if the minimum age for the aforementioned is lower than 21 years of age. As of July 1988, all 50 states and the
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
had a
minimum purchase age of 21, with some
grandfather clause
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
s, and with the exception of Louisiana's complicated legal situation that was not resolved until July 2, 1996. Prior to 1988, the minimum purchase age varied by jurisdiction. After enactment of the Act, states not in compliance had a portion of their federal highway budget withheld.
South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
and
Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
were the final two states to comply, in mid-1988. Since the Act does not restrict the minimum drinking age or the minimum age to possess alcohol in private, most states continue to allow those under 21 to drink in certain circumstances. Examples are some states like Tennessee and
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
, which allow those under 21 to drink for religious purposes. States including Oregon and
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
allow those under 21 to drink on private non-alcohol selling premises. Some states like
Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
allow under 21 to drink in private and public including bars and restaurants if accompanied by parents, guardians, or spouse that is 21 or older.
The National Highway System Designation Act of 1995 requires all states to impose a "zero-tolerance law" prohibiting drivers under 21 years of age from operating a
motor vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of pe ...
with at least 0.02%
blood alcohol content
Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...
to discourage underage drinking. Any state that did not comply would have up to 10 percent of its federal highway funding withheld, the same strategy used to compel states into raising their drinking age to 21.
Unlike on the
mainland
Mainland is defined as "relating to or forming the main part of a country or continent, not including the islands around it egardless of status under territorial jurisdiction by an entity" The term is often politically, economically and/or dem ...
, the U.S.
territories
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
of
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
and the
U.S. Virgin Islands have a minimum purchasing age and drinking age of 18 since the language of the Act only applies the provisions of the Act to states. The minimum purchase age is 21 in the
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...
,
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
,
American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
, and
U.S. Minor Outlying Islands
The United States Minor Outlying Islands is a statistical designation defined by the International Organization for Standardization's ISO 3166-1 code. The entry code is ISO 3166-2:UM. The minor outlying islands and groups of islands consist ...
.
U.S. military reservations are exempt under federal law from state, county, and locally enacted alcohol laws. Class Six stores in a
base exchange
An exchange is a type of retail store found on United States military installations worldwide. Originally akin to trading posts, they now resemble contemporary department stores or strip malls. Exact terminology varies by armed service; some examp ...
facility, officers' or NCO clubs, as well as other military commissaries which are located on a military reservation, may sell and serve alcoholic beverages at any time during their prescribed hours of operation to authorized patrons.
[The U.S. Department of Defense defines Authorized Patron as a person who is an active member of or a member who has the status of honorably retired from the ]U.S. Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cl ...
, U.S. Air Force
The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Sign ...
, U.S. Coast Guard
The United States Coast Guard (USCG) is the maritime security, search and rescue, and law enforcement service branch of the United States Armed Forces and one of the country's eight uniformed services. The service is a maritime, military, mul ...
, U.S. Marine Corps, and the U.S. Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage o ...
, and their direct dependents with proper military identification/dependents identification. While the installation commander is free to set the drinking age, with some exceptions, most stateside military bases have a drinking age that mirrors the local community.
Individual states remain free to restrict or prohibit the manufacture of
beer
Beer is one of the oldest and the most widely consumed type of alcoholic drink in the world, and the third most popular drink overall after water and tea. It is produced by the brewing and fermentation of starches, mainly derived from ce ...
,
mead
Mead () is an alcoholic beverage made by fermenting honey mixed with water, and sometimes with added ingredients such as fruits, spices, grains, or hops. The alcoholic content ranges from about 3.5% ABV to more than 20%. The defining character ...
, hard
cider
Cider ( ) is an alcoholic beverage made from the fermented juice of apples. Cider is widely available in the United Kingdom (particularly in the West Country) and the Republic of Ireland. The UK has the world's highest per capita consumption, ...
,
wine
Wine is an alcoholic drink typically made from fermented grapes. Yeast consumes the sugar in the grapes and converts it to ethanol and carbon dioxide, releasing heat in the process. Different varieties of grapes and strains of yeasts are m ...
, and other fermented alcoholic beverages at home.
Homebrewing beer became legal in all 50 states in 2013 as the governors of
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
and
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
both signed bills legalizing homebrewing that year. The Alabama bill went into effect on May 9, and the Mississippi bill went into effect on July 1. Most states allow brewing of beer per adult per year and up to a maximum of per household annually when there are two or more adults residing in the household.
Because alcohol is taxed by the federal government via
excise taxes
file:Lincoln Beer Stamp 1871.JPG, upright=1.2, 1871 U.S. Revenue stamp for 1/6 barrel of beer. Brewers would receive the stamp sheets, cut them into individual stamps, cancel them, and paste them over the Bunghole, bung of the beer barrel so when ...
, homebrewers are prohibited from selling any beer they brew. This similarly applies in most Western countries. In 1979, President
Jimmy Carter
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
signed into law a bill allowing home beers, which was at the time not permitted without paying the excise taxes as a holdover from the
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
of alcoholic beverages (repealed in 1933).
[Donald J. Smith]
Life, liberty and the pursuit of homebrewing
,''The Birmingham News
''The Birmingham News'' is the principal newspaper for Birmingham, Alabama, United States. The paper is owned by Advance Publications and was a daily newspaper from its founding through September 30, 2012. After that day, the ''News'' and its two ...
'', May 21, 2012 This change also exempted home brewers from posting a "
penal bond
A penal bond is a written instrument executed between an obligor and an obligee designed to secure the performance of a legal obligation through the '' in terrorem'' effect of the threat of a penalty for nonperformance.
Types of bonds
At its s ...
" (which is currently $1000.00).
Production of
distilled alcohols is regulated at the national level under USC Title 26 subtitle E Ch51. Numerous requirements must be met to do so, and production carries an excise tax.
Owning or operating a distillation apparatus without filing the proper paperwork and paying the taxes carries federal criminal penalties.
In land or property that is being
rented or owned by the federal government, state, federal district, and territory alcohol laws do not apply. Instead, only laws made by the federal government apply.
__TOC__
Table
Alabama–Hawaii
Idaho–Massachusetts
Michigan–New Mexico
New York–South Dakota
Tennessee–Wyoming, Puerto Rico
See also
*
Alcohol consumption by youth in the United States
Alcohol consumption by youth in the United States of America, also known as underage drinking, is an umbrella term for alcohol consumption by individuals under the age of 18 in the country.
Although the minimum legal age to ''purchase'' alcohol is ...
*
Alcohol exclusion laws
Alcohol exclusion laws permit insurance companies to deny claims associated with the consumption of alcohol. They were passed in the 1940s in the United States to discourage people from drinking alcoholic beverages and to save insurance companies ...
*
Blue laws in the United States
Blue laws, also known as Sunday laws, are laws that restrict or ban some or all activities on specified days (most often on Sundays in the western world), particularly to promote the observance of a day of rest. Such laws may restrict shopping o ...
*
Drunk driving in the United States
Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a bloo ...
*
Dry county
A dry county is a county in the United States whose government forbids the sale of any kind of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Dozens of dry counties exist across the ...
* ''
Granholm v. Heald''
*
Last call
In a bar, a last call (last orders) is an announcement made shortly before the bar closes for the night, informing patrons of their last chance to buy alcoholic beverages. There are various means to make the signal, like ringing a bell, flash ...
*
Legal drinking age controversy in the United States
The legal drinking age varies from country to country. In the United States, the legal drinking age is currently 21. To curb excessive alcohol consumption by younger persons, instead of raising the drinking age other countries have raised the pri ...
*
Liquor store
A liquor store is a retail shop that predominantly sells prepackaged liquors – typically in bottles – usually intended to be consumed off the store's premises. Depending on region and local idiom, they may also be called an off-licence (i ...
*
List of dry communities by U.S. state
The following list of dry areas by U.S. state details all of the counties / parishes / boroughs / municipalities in the United States, United States of America that ban the sale of Alcoholic drink, alcoholic beverages.
For more background inform ...
*
Shoulder tap (alcohol)
*
United States open container laws
An open-container law is a law which regulates or prohibits drinking in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this c ...
*
Wine shipping laws in the United States Wine shipping laws in the United States differ between states and are controlled by state law. While most alcohol sales are controlled by the three-tier system, nearly all states now permit some form of direct shipping of wine from wineries to con ...
*
U.S. history of alcohol minimum purchase age by state
The alcohol laws of the United States regarding minimum age for purchase have changed over time. In colonial America, generally speaking, there were no drinking ages, and alcohol consumption by young teenagers was common, even in taverns. In p ...
Footnotes
References
External links
*
National Alcohol Beverage Control AssociationAlcohol Policy Information System U.S. National Institute of Health
National Restaurant Association - State laws on alcohol sales(Word document)
U.S. Center for Disease Control and Prevention
{{DEFAULTSORT:Alcohol Laws Of The United States
*
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
State law in the United States
States of the United States law-related lists
United States law-related lists