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Questions About Underage Drinking

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sparky13

Junior Member
What is the name of your state (only U.S. law)? Maryland

My high-school age children have been asking questions about what constitutes underage alcohol possession. Since I don't know the answers to these questions, I thought I'd post them here.

1) Say, for example, an underage person is at a party and unaware that alcohol is being consumed by other underage kids in another part of the house or outside. If the police raid this party, can the underage person who was not drinking or aware of the presence of alcohol be charged with possession?

I ask this because if the underage non-drinker can be charged with possession, that would mean that he or she needs to be constantly vigilent at parties to make sure that no one is drinking and then leave immediately if they notice people consuming.

2) I understand that if an underage person is handed a drink, holds it and then gives it back without consuming it, saying, "I can't hold this," they can be charged with possession. What about a case where an underage person refuses a drink but has alcohol spilled on them? Is that considered possession, as well?

3) How about a case where an underage person accepts a ride from an underage friend and is unaware that the friend has a case of beer in the trunk? Will all people in the car be charged with possession?

4) Following up on Quest. 1, if an underage person sees alcohol being consumed by other underage people at a party and leaves the party and the cops pull up as he or she is walking away from the scene, can they be charged with possession?

I'm surprised that, for all of the constant reminders to not drink, I can find no info on the Internet about the details of the laws themselves. Thanks to anyone who can help answer these questions!
 


The Occultist

Senior Member
You never need to touch alcohol to be in possession of it. If you are at a party, whether or not you have a drink, and whether or not you hold somebody else's drink, you can be charged with possession of any alcohol that is there.

As far as not knowing that any alcohol was there... well, no officer is going to believe such naivety. If you could somehow whip out a miracle that could prove you had absolutely no way of knowing alcohol was being consumed, I suppose maybe a possession charge might not be pressed. Maybe. Don't count on this to ever happen.

Leaving the party, if the officers know that you were at the party, you can expect a possession charge. Might be a little easier to beat than if you were caught in the party, but a charge certainly may be forthcoming.

Alcohol in the car. If the alcohol is in the trunk where nobody really has access to it except for the owner of the car, then perhaps the passengers might be able to get away without any charges. If the alcohol is just sitting in the backseat, then everybody in the car is in possession of it.
 

sparky13

Junior Member
Thank you, Occultist, for answering my questions. I will pass them on to my kids and their friends.

Would you happen to know the penalties for first-time possession in Maryland? Are licenses taken away, even if no vehicles are involved? If so, for how long?
 

HomeGuru

Senior Member
Thank you, Occultist, for answering my questions. I will pass them on to my kids and their friends.

Would you happen to know the penalties for first-time possession in Maryland? Are licenses taken away, even if no vehicles are involved? If so, for how long?
**A: it's death by firing squad for first time offenders.
 

sparky13

Junior Member
**A: it's death by firing squad for first time offenders.

Which means I can spend their college funds on renovating my kitchen.

But, seriously, if I want to put my kids off drinking, letting them know the penalties for underage possession (not to mention consumption) would help. You are knowledgeable, HomeGuru. If you know the real answer to my question, please share.
 

Ohiogal

Queen Bee
Which means I can spend their college funds on renovating my kitchen.

But, seriously, if I want to put my kids off drinking, letting them know the penalties for underage possession (not to mention consumption) would help. You are knowledgeable, HomeGuru. If you know the real answer to my question, please share.
They can count on going without a driver's license most likely as well as attending an alcohol class -- if they hate school then they will JUST LOVE the alcohol education. Those are the first two things that leap to mind. Not to mention whatever punishment you come up with as their parent.
 

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