Is it really legal for someone under 21 to drink if they are in their parents house with their parents

Question

I live in Minnesota and someone told me that it's legal for a person under 21 to drink alcohol as long as they are in their parents house with their parents there and knowing that that they are drinking. Is that true?

Answer 1

Yes, it is in fact legal in the state of Minnesota for persons under the age of 21 to consume alcohol in the home of their parents or legal guardian (with the consent of aforementioned parent or legal guardian). People need to do their research before they make ill-informed comments. How do I know this? I am a defense attorney in the state of Minnesota. I have also represented an individual who consumed alcohol in Canada legally, crossed the border back into Minnesota, and was cited with a minor in consumption. In this case, we were able to prove that the individual had consumed the beverages in Canada, and the minor was dropped. Think of the "parent's house" as Canada.

For anyone who didn't go to law school, an affirmative defense acknowledges that a law has technically been broken, but nullifies the plaintiffs claim. A common example of this is "self defense."

"If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian."

340A.503 PERSONS UNDER 21; ILLEGAL ACTS.