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U.S. history of alcohol minimum purchase age by state

From Wikipedia - Reading time: 15 min

The alcohol laws of the United States regarding minimum age for purchase have changed over time. In colonial America, generally speaking, there were no purchase ages, and alcohol consumption by young teenagers was common, even in taverns.[1] In post-Revolutionary America, such freedom gradually reduced due to religious sentiments (as embodied in the temperance movement) and a growing recognition in the medical community about the dangers of alcohol.[1] The more modern history is given in the table below. Unless otherwise noted, if different alcohol categories have different minimum purchase ages, the age listed below is set at the lowest age given (e.g. if the purchase age is 18 for beer and 21 for wine or spirits, as was the case in several states, the age in the table will read as "18", not "21"). In addition, the purchase age is not necessarily the same as the minimum age for consumption of alcoholic beverages, although they have often been the same.

As one can see in the table below, there has been much volatility in the states' purchase ages since the repeal of Prohibition in 1933. Shortly after the ratification of the 21st amendment in December, most states set their purchase ages at 21 since that was the voting age at the time. Most of these limits remained constant until the early 1970s. From 1969 to 1976, some 30 states lowered their purchase ages, generally to 18. This was primarily because the voting age was lowered from 21 to 18 in 1971 with the passing into law of the 26th amendment. Many states started to lower their minimum purchase age in response, most of this occurring in 1972 or 1973.[2][3][4] Twelve states kept their purchase ages at 21 since repeal of Prohibition and never changed them.

From 1976 to 1983, several states voluntarily raised their purchase ages to 19 (or, less commonly, 20 or 21), in part to combat drunk driving fatalities.[citation needed] In 1984, Congress passed the National Minimum Drinking Age Act, which required states to raise their ages for purchase and public possession to 21 by October 1986 or lose 10% of their federal highway funds. By mid-1988, all 50 states and the District of Columbia had raised their purchase ages to 21 (but not Puerto Rico, Guam, or the Virgin Islands, see Additional Notes below). South Dakota and Wyoming were the final two states to comply with the age 21 mandate. The current purchase age of 21 remains a point of contention among many Americans, because of it being higher than the age of majority (18 in most states) and higher than the purchase ages of most other countries. The National Minimum Drinking Age Act is also seen as a congressional sidestep of the Tenth Amendment. Although debates have not been highly publicized, a few states have proposed legislation to lower their purchase age,[5] while Guam raised its purchase age to 21 in July 2010.[6]

Minimum legal purchase age as of 1969 (two years before the 26th Amendment was enacted in 1971):
Minimum legal purchase age as of 1975 (when most states had their lowest age limit):
Detail on dual age limits
Both age limits apply for following states:
Illinois: The legal purchase age is 19 for beer and wine, and 21 for liquor.
Maryland, North Carolina, South Carolina, Virginia, and Washington, D.C.: The legal purchase age is 18 for beer and wine, and 21 for liquor.
Kansas, Ohio, Oklahoma, and South Dakota: The legal purchase age is 18 for 3.2% ABV beer, and 21 for beer stronger than 3.2% ABV, wine, and liquor.
Minimum legal purchase age as of 1983 (one year before the National Minimum Drinking Age Act was passed):
  Minimum age is 21
  Minimum age is 20
  Minimum age is 19 and 21
  Minimum age is 19
  Minimum age is 18 and 21
  Minimum age is 18
State Pre-Prohibition
(prior to 1919)		 Post-Prohibition
(after 1933)		 1970s / 26th Amendment
(adopted in 1971)		 1980s /
Drinking Age Act of 1984		 21st century
Alabama Pre 1881:
None
1881:
21 (none with consent of parent)[7]		 21 1975:
Lowered to 19[8]		 1986:
Raised to 21[9]		 21 (no one underage is allowed consumption Section 28-1)
Alaska N/A 21[8] 1970:
Lowered to 19[10]		 1984:
Raised to 21 with grandfather clause (if born before January 1, 1965)[11][12]		 21 (unless the underage person is not on a licensed premises and the alcoholic beverage is provided by a parent, legal guardian, or spouse over the age of 21) [13]
Arizona N/A 21[12] 1972:
Lowered to 19[14]		 1985:
Raised to 21[9]		 21 [15]
Arkansas Pre 1925:
None[8]
1925:
21[8]		 21 21[16] 21[9] 21
California Pre 1891:
Regulated by municipality/county (common age was 16)[17][18][19]
1891:
18 (statewide)[20]		 1933:
21[8]		 21 21[9] 21 (except small amounts for religious ceremonies)
Colorado None[12] (Dec) 1945:
18: for 3.2% near-beer
21: for wine and liquor[8]		 18 for 3.2% beer; 21 for wine and liquor [21] Raised to 21 on Jul 31 1987 (with grandfather clause) [9] 21
Connecticut 21[22] 21[12] 1972:
Lowered to 18[23]		 1982:
Raised to 19
1983:
Raised to 20
1985:
Raised to 21[24]		 21 (exemptions: (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of such person's employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.[25]
Delaware N/A 21[12] 1972:
Lowered to 20		 1984:
Raised to 21[9]		 21
District of Columbia N/A 18: for beer and wine[12]
21: for liquor[26][27]		 18: for beer and wine[27]
21: for liquor		 1986:
Raised to 21 with grandfather clause.[28][29]		 21
Florida N/A 21[8] 1976:Lowered to 18

1980:
19[30]

1986:
Raised to 21 with grandfather clause[30]		 21[31]
Georgia N/A 21[12] 1972:
Lowered to 18[14]		 1982:
Raised to 19[16]
1985:
Raised to 20[16]
1986:
Raised to 21[16]		 21
Hawaii N/A 21[8] 1972:
Lowered to 18		 1986:
Raised to 21[9]		 21 [32]
Idaho N/A 20: for beer[33][34]
21: for wine and liquor[12][35]		 1972:
Lowered to 19 (all)[36]		 1987:
Raised to 21 in 1987 (Apr 11) with grandfather clause[9][37]		 21
Illinois 1872:
Age of majority
(none with written consent of parent)[38]		 pre 1961: Age of majority 1961: Raised to 21[39] 1973:
Lowered to 19: for beer and wine
21: for liquor[40]		 1980:
Raised to 21[41]		 21
Indiana N/A Post-1934:
21[8]		 21[16] 21[9] 21
Iowa N/A 21[8] 1972:
Lowered to 19 in 1972 (Jul 1)
1973:
Lowered to 18 in 1973 (Jul 1)
1978:
Raised to 19 in 1978 (Jul 1)[42]		 1986:
Raised to 21 in 1986 (Jul 1) with grandfather clause.[16][42]		 21
Kansas N/A 1949:
18: for beer and wine with less than 4% ABV
21: for liquor[8]		 18: for beer and wine with less than 4% ABV[16]
21: for beer and wine with 4% ABV or more[16]
21: for liquor[16][21]		 1985:
Raised to 21[9]		 21 (However, anyone under 21 may consume cereal malt beverages with parental supervision on their own property)
Kentucky N/A 1938:
21[8]		 21[16] 21[9] 21
Louisiana None 18[43] 18[21] 1987:
Raised to 21 de jure in 1987,[9]
but de facto age was still 18 until 1995 due to a sale loophole.
1995:
De facto age raised to 21 in 1995 when loophole was closed.[44]
1996:
In 1996, briefly lowered by Louisiana Supreme Court to 18 until it reversed its decision, raising to 21 three months later.[45]
Other exceptions still remain.[46]		 21 (Exceptions to state law include):[47]


*For an established religious purpose;

*When a person under twenty-one years of age is accompanied by a parent, spouse, or legal guardian twenty-one years of age or older;

*For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution;

*In a private residence, which shall include a residential dwelling and up to twenty contiguous acres, on which the dwelling is located, owned by the same person who owns the dwelling;

*The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under twenty-one years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol.

Maine N/A 21[8]
1969:
Lowered to 20		 1972:
Lowered to 18[14]
1977:
Raised to 20[9][48]		 1985:
Raised to 21[9]		 21 (however minors can drink at home with parental supervision) [49]
Maryland N/A 21[8] 1974:
Lowered to 18: for beer and wine
21: for liquor[50][51]		 1982:
Raised to 21 with grandfather clause for those born June 30, 1964, or earlier[52][9][53]		 21 (however anyone can drink when parents, spouses, teachers are present)
Massachusetts N/A 21[12] 1973:
Lowered to 18
1979:
Raised to 20 in 1979 (Apr 16)[54][55][56]		 Raised to 21 in 1985[9] (with grandfather clause) 21
Michigan N/A 21[8] 1972:
Lowered to 18 in 1972 (Jan 1)[57]		 1978:
Raised to 19 in 1978 (Dec 3)[58][59]
1978:
Raised to 21 in 1978 (Dec 21), 18 days later.[9]
First state to raise age to 21 since it was lowered		 21
Minnesota N/A 21[12] 1973:
Lowered to 18 (June 1)
1976:
Raised to 19 (Sept 1)[60]
First state to raise age after lowering. 		1986:
Raised to 21[61]		 21
Mississippi ? 1966:
18: for beer and wine
21: for liquor[8]
(alcohol not legalized until 1966)		 21[21] Raised to 21 in 1986[9] 21
Missouri ? 1945:
21[8]		 21 21[9] 21
Montana ? 21[12] 1971:
Lowered to 19[62]
1973:
Lowered to 18[63][64]
1979:
Raised to 19		 1987:
Raised to 21[9][65]		 21
Nebraska ? 21[66]
1969:
Lowered to 20		 1972:
Lowered to 19[66]		 1980:
Raised to 20[16]
1985:
Raised to 21[16]		 21
Nevada ? 1933:
21[8]		 21 21[9] 21
New Hampshire ? 21[12] 1973:
Lowered to 18[67]
1979:
Raised to 20		 1985:
Raised to 21[9][24]		 21
New Jersey Before 1880:
None
Post-1880:
18 (penalties only against businesses)[68][69][70]		 21[citation needed] 1973:
Lowered to 18[14]		 1980:
Raised to 19
1983:
Raised to 21[9][71]		 21 (As of February 22, 2021, there are no longer any penalties for underage drinking besides warnings.)
New Mexico ? 1934:
21[8]		 21[16] 21[9] 21
New York 18 (16 before 1896) Initially 21 immediately after Prohibition, then reduced to 18 four months later.[72][73] 18 1982:
Raised to 19 in 1982 (Dec)
1985:
Raised to 21 in 1985 (Dec)[24][74][75]		 21

(Any Age with Parental Consent)

North Carolina ? 18[12] 18: for beer and wine[21]
21: for liquor		 1983:
19: for beer and wine
21: for liquor
1986:
Raised to 21 in 1986 (Sep 1)[9][29]		 21
North Dakota ? 1936:
21[8]		 21[16] 21[76] 21
Ohio ? 1933: 16 1935:
18: for 3.2% ABW beer
21: for beer stronger than 3.2% ABW, wine and liquor[77]		 18: for 3.2% ABW beer
21: for beer stronger than 3.2% ABW, wine and liquor		 1982 (Aug. 19 to Oct. 1):
19: for 3.2% ABW beer[16]
21: for beer stronger than 3.2% ABW, wine and liquor[16]
1982 (From Oct. 1):
19: beer
21: wine and liquor[78]
1988:
21[16]		 21 (However, anyone can drink with parents or legal-age spouse)
Oklahoma ? Men:
21
Women:
18: 3.2% ABW beer
21: for beer stronger than 3.2% ABW, wine and liquor[79]		 1976:
Lowered to 18 (for 3.2% ABW beer) for both sexes in 1976 (Dec)[80]
Last state to lower the purchase age.		 1983:
Raised to 21[12][81]		 21
Oregon ? 1933:
21[8]		 21 21[9] 21
Pennsylvania ? 1935:
21[8]		 21 21[9][59] 21
Rhode Island ? 21[12] 1970:
Lowered to 18[14][82]		 1980:
Raised to 19
1981:
Raised to 20
1984:
Raised to 21[24]		 21
South Carolina 21[83] 1935:
18: for beer and wine
21: for liquor[8]		 18[21]
 1984:
19: for beer and wine[8]
21: for liquor
1985:
Raised to 20[9]
1986:
Raised to 21[9]		 21
South Dakota ? 1934:
21 (all)
1939:
Lowered to 18: for 3.2% beer
Raised to 19: for 3.2% beer[84]		 1972:
18: for 3.2% beer;
21: for wine and liquor		 1984:
19: for beer and wine
21: for liquor[9]
1988:
Raised to 21[65]		 21
Tennessee Pre 1881:
None
1881:
21[85]		 21[8]
1964:
Lowered to 18[8]		 1979:
Raised to 19		 1984:
Raised to 21[9]		 21
Texas Pre 1909:
21
None (with written permission of parent or guardian)
Post 1909:
21[86][87]		 21[8] 1973:
Lowered to 18[88]		 1981:
Raised to 19[89]
1986:
Raised to 21 in 1986 (Sep 1)[9][29]		 Parent consent
Utah ? 1935:
21[8]		 21[16] 21[9] 21
Vermont ? 21[8] 1971:
Lowered to 18[90][91]		 1986:
Raised to 21[24][91]		 21
Virginia ? 21[92] 1974:
Lowered to 18: for beer and wine
(21: for liquor remained)[92]		 1981:
Raised to 19 for off-premises consumption
1983:
Raised to 19 (all beer)
1985:
Raised to 21[92]		 21
Washington Age of majority
since 1877[93]		 21[94] 21 21[9] 21
West Virginia ? 18: for beer and wine
21: for liquor[12]		 1972:
Lowered to 18 (all)[95]		 1983:
Raised to 19
(& 21 for non-residents)[9][48]
1986:
Raised to 21[9]		 21
Wisconsin 1839–1866:
18: for wine and liquor
None: for beer
Post-1866:
21 (all)[96]		 18: for beer
21: for wine and spirits
1957:
21: for residents of bordering states with age limit 21.[97]
1963:
Raised to 21 (off-premises beer sales, remained 18 for on-premises).[97]		 1972:
Lowered to 18 (all) in 1972 (Mar)[97]
1977:
Border state restriction lifted.[97]		 1984:
Raised to 19
1986:
Raised to 21 (September 1, 1986)[97]		 21 (however anyone can drink when a parent, guardian or spouse over 21 is present)[98]
Wyoming N/A 21[8] 1973:
Lowered to 19		 1988:
Raised to 21 in 1988 (Jul 1)[99][100]
Last state to raise de jure purchase age to 21		 21
American Samoa N/A N/A N/A 21 21[101]
Northern Mariana Islands – – N/A 21 21[102]
Puerto Rico N/A 18 18 Kept at 18
despite highway funding
penalty under the National Minimum Drinking Age Act.		 18[103]
Virgin Islands N/A N/A N/A 18 18[104]
Guam N/A 21 18 18 Raised to 21 in 2010[6]

Additional notes

[edit]
  • Contrary to popular belief, since the National Minimum Drinking Age Act, not all states specifically prohibit minors' and young adults' consumption of alcohol in private settings. That is because the federal law is concerned only with purchase and public possession, not private consumption, and contains several exceptions. As of January 1, 2007, 14 states and the District of Columbia ban underage consumption outright, 19 states do not specifically ban underage consumption outright, and 17 states have family member or location exceptions to their underage consumption laws. Federal law explicitly provides for religious, medical, employment and private clubs or establishments possession exceptions; as of 2005, 31 states have family member or location exceptions to their underage possession laws[remove or clarification needed].[46]
  • In the 1960s the age for buying or drinking beer and wine in the District of Columbia (Washington, D.C.) was 18; the age for hard liquor was 21.[26][27] Residents from Virginia and Maryland would often drive to D.C. to obtain alcohol. In Louisiana, the 1987 law raising the age from 18 to 21 was deliberately written solely to comply with the National Minimum Drinking Age Act to avoid losing highway funding, while still allowing 18- to 20-year-olds to drink as before. Not only did it still allow 18- to 20-year-olds to consume in private, it contained a major loophole allowing bars and stores to sell alcohol to 18- to 20-year-olds without penalty (despite purchase being technically illegal) which meant that the de facto age was still 18.[44] In other words, the purchase age was 21 only on paper. This loophole was closed in 1995, but in 1996 the Louisiana Supreme Court declared a purchase age of 21 unconstitutional.[44] That briefly lowered the de jure purchase age to 18, causing an uproar which prompted the Louisiana Supreme Court to reverse its decision, raising the age to 21 three months later.[45] Other exceptions still remain to this day, including drinking in a private residence,[46] and Louisiana still has some of the most liberal general alcohol laws of any state.
  • Some states were "dry" well before national Prohibition was enacted in 1919, in some cases since achieving statehood. Also, some states did not become fully "wet" until several years after the repeal of Prohibition in 1933 (e.g. Mississippi in 1966). Since 1966, all states and territories of the USA have been "wet", but dry counties and towns still exist in some states.

References

[edit]
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