Loophole Allows Minors To Legally Drink Alcohol In New York

It's almost summertime, which means cookouts, house parties, concerts, beach days, and plenty of good times. With fun often comes alcohol, right?! Minors under the age of 21 are legally allowed to drink in New York, thanks to a loophole in state law. According to the New York State Department of Health,

"More than 8,050 New Yorkers die each year due to excessive alcohol use, shortening the lives of those who die by an average of 24 years. Excessive alcohol use includes binge drinking, heavy drinking, and any alcohol use by pregnant persons or anyone younger than 21."

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As of 2023, the most recent data available, 1 in 6 or 16.2 percent of adults reported excessive drinking. Something that stood out to me is that people with jobs (19.4%) reported binge drinking more than those who are unemployed (12.2%). Isn't that swell? Our jobs are driving us to drink!

It's Not Illegal For Minors To Drink In New York

Photo by Michael Discenza on Unsplash

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Young adults in New York aged 18 to 24 years old, who include minors, reported that 22.5 percent binge drink or drink heavily. Even though the New York State Liquor Authority routinely conducts underage liquor sales stings, it is not illegal for people under 21 to drink. While it is illegal for them to purchase alcohol, they can consume it under two circumstances:

State law allows those under 21 to consume alcohol if given to them by a parent or guardian, which is a huge loophole. Modern-day society has proven over and over again that not every parent is responsible. The other instance when it is legally permitted for someone under 21 to be given alcohol is,

"to a person who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in on-campus or off-campus courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum."