


Q: Are there any circumstances where a person under 21 can legally possess alcoholic beverages, such as beer, wine or liquor?
A: Yes, the ban against the possession of alcoholic beverages by persons under 21 years old is not absolute, and the Virginia General Assembly has carved out limited exceptions in Code section 4.01-305. Sometimes, government agents conduct investigations of businesses suspected of selling or serving alcohol to underage persons and will have an underage person try to buy beer or alcohol. Another example that is an exception to the law is if you are delivering alcoholic beverages as part of your employment, or at the request of a parent.
Similarly, underage persons are permitted to drink in their own residences if their parents are present and consent. In social settings there are exceptions as well. For instance, if you accompany your parents to a neighbor's home and the host offers you a beer, a drink, or a glass of wine, you can accept so long as your parent is present and consents. However, if you are offered beer, wine or alcoholic beverages at a friend' home, you cannot legally possess it even if his parents are present because your parents are not there to give consent.
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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
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