Underage consumption of homebrew legal?

I am trying to determine if it is in fact legal for a me (a minor) to brew and consume beer on private property (in this case my apartment). I know that in both MA (where I am from) and GA where I am living the laws are carefully structured so that when your underage idiot friend is about to die of alcohol poisoning you can get him to the hospital without risking arrest. Having done minimal research it seems that it is illegal for a minor to do the following:
*Attempt to purchase alcohol
*Consume alcohol in public
*Posses and open container
*Be drunk in public

However, I can't find reference to any laws that explicitly state that a minor cannot consume alcohol in either MA or GA. This website would seem to agree: http://www2.potsdam.edu/hansondj/LegalDrinkingAge.html

A wikipedia article also supports my argument:
http://en.wikipedia.org/wiki/Underage_drinking_in_America

I have been trying to read the GA state law's LexisNexus files but they are painfully difficult to read. Does anyone else have any additional insight? If so can you point me to the document that says so?

Laws vary from state to state. Your state's statutes are the best place to find the answer.

Technicality: If you are really 19 like your profile says, you are not a minor. You are an adult who may (I do not know Georgia law) be under the legal age for purchasing alcohol or consuming it in public.

When I was 18, I was legally able to purchase and consume alcohol in Louisiana, but I believe the age has since been raised to 21.

I am 19 and I don't feel motivated to prove that I am underage.. Normally I am trying to the opposite

AlecMoody said:

I am trying to determine if it is in fact legal for a me (a minor) to brew and consume beer on private property (in this case my apartment). I know that in both MA (where I am from) and GA where I am living the laws are carefully structured so that when your underage idiot friend is about to die of alcohol poisoning you can get him to the hospital without risking arrest. Having done minimal research it seems that it is illegal for a minor to do the following:
*Attempt to purchase alcohol
*Consume alcohol in public
*Posses and open container
*Be drunk in public

However, I can't find reference to any laws that explicitly state that a minor cannot consume alcohol in either MA or GA. This website would seem to agree: http://www2.potsdam.edu/hansondj/LegalDrinkingAge.html

A wikipedia article also supports my argument:
http://en.wikipedia.org/wiki/Underage_drinking_in_America

I have been trying to read the GA state law's LexisNexus files but they are painfully difficult to read. Does anyone else have any additional insight? If so can you point me to the document that says so?

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From the Joy of Homebrewing...
"... By federal law, an adult twenty-one years or older is permitted to brew "not more than one hundred gallons of beer in a year." If there is more than one adult in a household, then two hundred gallons of beer can be brewed in one year..."

I wish i could find a link to the exact law but i'm sorry to say once the yeast starts to ferment you are in posession of an alcoholic beverage... Which is illegal under 21...

Drink the wort, chuck back a yeast and wait.

Sorry can't help on this one. It's 18 in the UK.

After looking at the state graph on that first link it's quite interesting... All states prohibit BUYING at 21 but some allow drinking... That's interesting... Basically what i'd tell you is that you can drink as long as you didn't buy it or brew it... Legally... if a cop happens into your room simply say "it's my dad's" or a friend that's over 21, get your dad and friend to back you up on that... I'm not going to be a hardass on you because

1) you're speaking intelligently (not spell can, 'cen')
2) you sound like you appreciate beer, you want to do it right, not make hooch, ghetto juice, or prison wine. Even if you do want to brew BMC clones (after all brew what you like). (no i'm not saying you want bmc clones)
3) You sound responsible to not go out and be a drunken fool
4) I like your Clockwork Orange Label

Honestly as long as you're at home i think you'd be fine... just don't get your friends drunk and have something happen to them... Then you'd get your arse busted big time..

I know that would be illegal in PA, but I'm not sure for you. Best policy: don't ask, don't tell.

I cannot imagine that underage consumption is legal in MA. By the logic that it's only illegal to attempt to buy, then as long as you had someone else buy you the booze, you could drink as much as you wanted (assuming not in public, no open container, etc.). Highly confident that this is not the case in the state, but as to the specific statute that governs this - well, have fun looking

I have no actual knowledge on the subject, but I think in all states minors can consume alcohol legally at home when it is administered by their parents or legal guardians.

beer4breakfast said:

I have no actual knowledge on the subject, but I think in all states minors can consume alcohol legally at home when it is administered by their parents or legal guardians.

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Not true- in my state consumption of alcoholic beverages by anyone under 21 years of age is illegal. I think in Wisconsin, that kids can drink if the parents are present and serve it but I'm not sure.

I know that laws vary state to state, but the key in any state that would allow it is that the parents are the ones who purchase or brew the alcohol and then serve it to their own underaged kids.

Here is the law in VA.

Sec. 25.205
Production
(a) Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to state or local law.

Yooper Chick said:

Not true- in my state consumption of alcoholic beverages by anyone under 21 years of age is illegal.

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Well that sucks, doesn't it? There's nothing like having the state usurp parental prerogative, is there?

Don't ask, don't tell.

Speaking as someone who, until a half-year ago, was wrestling with this very problem, I can confidently say that if you are homebrewing normal amounts, you'll be fine. The only way you'll run into problems is if you have a rockin' party and the cops come. But if you're quiet and careful, I don't see any reason why the police would ever have a reason to come to your place in the first...uh, place.

The law about being able to get your drunk friend to the hospital is a red herring; I don't see the relevance to the basic question. In any case, keep it quiet and you'll be fine, but I highly doubt the consumption of the end product is legal.

IF you are in college, which i assume you are (LexisNexus is a common college search engine), then you would more than likley have beer in the fridge regardless of the laws. If you get busted for a party cops probably wont look at your bucket/ carboy in the closet, but will get you for whats in the fridge. So keep a small amount of hombrew in the fridge and the rest in the closet for conditioning and you should be fine.

Im from mass too and the cops i came into contact with would more likley bust poeple for weed than beer (as long as your not in a car).

I go to school in new hampshire, which perhaps has one of the most homosexual underage laws in the country. They call it here "internal possesion". If you have beer in your stomach, they will check with a breathilizer, then you are considered a minor in possesion of alcohol. You will then go to court for a minor in possesion of alcoholic beverage.

tbulger said:

I go to school in new hampshire, which perhaps has one of the most homosexual underage laws in the country. They call it here "internal possesion". If you have beer in your stomach, they will check with a breathilizer, then you are considered a minor in possesion of alcohol. You will then go to court for a minor in possesion of alcoholic beverage.

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Homosexual laws about underage drinking and possession of alcohol? You're in college? Sounds like you need a refresher in Biology, and maybe in Civics too.

Possession of alcohol is illegal in MA if you are under 21. Therefor, buying it, being given it, owning it, drinking it, brewing it etc. etc. are all illegal. There is no grey area.

tbulger said:

I go to school in new hampshire, which perhaps has one of the most homosexual underage laws in the country. They call it here "internal possesion". If you have beer in your stomach, they will check with a breathilizer, then you are considered a minor in possesion of alcohol. You will then go to court for a minor in possesion of alcoholic beverage.

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What part of possession don't you understand? You can't NOT possess something AND drink it. And I'm sure it's more of a heterosexual law. Your check-writing parents probably fully support it.

All such laws, regardless of gender orientation , infringe on individual liberty, and therefore suck.

beer4breakfast said:

All such laws, regardless of gender orientation , infringe on individual liberty, and therefore suck.

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Until you get a bunch of pissed 13 year old kids tearing up the place, causing a nuisance and getting hurt.
Then it's an infringement on your civil liberty.

beer4breakfast said:

All such laws, regardless of gender orientation , infringe on individual liberty, and therefore suck.

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This be true, but the law be the law, right or "wrong". In the case of the original question here, all signs point to "No".

orfy said:

Until you get a bunch of pissed 13 year old kids tearing up the place, causing a nuisance and getting hurt.
Then it's an infringement on your civil liberty.

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Don't worry, Dude banned him last night

orfy said:

Until you get a bunch of pissed 13 year old kids tearing up the place, causing a nuisance and getting hurt.
Then it's an infringement on your civil liberty.

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Who's place? Sounds more like you're talking about the fact that your right to a reasonable response to such an event is also regulated such that you are not free to protect yourself. Your liberty infringed again.

Boy, I hope I can find this thread again after it gets closed...

That's why I'm getting my moneys worth now. I miss all the fun threads.

Fair due to the guy though he seemed a little more thoughtful and sensible than the average kid. Should we have the old "aiding and abetting" debate or can we just link to an old one?

the_bird said:

Boy, I hope I can find this thread again after it gets closed...

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That's easy, just remember to search for 'vladtheimpailer'