Purchasing and consuming alcoholic beverages, like beer, in the United States requires the buyer to be at least 21 years old. But what about non-alcoholic beer? Can you buy and drink non-alcoholic (NA) beer if you’re under 21?
With all the new buzz about non-alcoholic beer today, breweries are jumping in and creating some of the best-tasting non-alcoholic beers the world has seen. Even some minors want to jump in on the action. Are they able to purchase NA beer?
We’re diving into this commonly asked question in today’s blog post.
What Is Non-Alcoholic Beer?
Before we delve into the legality, defining what non-alcoholic beer is is crucial. NA beer is a brew that contains less than 0.5% alcohol by volume (ABV). Though technically it does contain a trace amount of alcohol, it is significantly less than traditional beer, which typically ranges from 4-6% ABV.
Many people hear the 0.5% ABV and immediately assume that it means that it makes it an alcoholic beverage. However, it should be noted that many food products we consume on a daily basis naturally ferment and come with an ABV similar to, or often even higher than NA beer.
Fruit juices like orange juice, apple juice, and grape juice that we commonly consumer for breakfast can contain an ABV from 0.6% to 0.86%. A ripe banana can measure up to 0.4% ABV. Hamburger buns can contain an ABV as high as 1.28%.
Legalities of Buying Non-Alcoholic Beer Under 21
It seems obvious though, right? Since the beer is non-alcoholic, you would think that anyone, regardless of age, should be able to drink it. Especially if it has an ABV lower than most juices children drink on a regular basis. However, that’s not quite the case.
When it comes to the laws surrounding the purchase of non-alcoholic beer by those under 21, the waters are a bit murky.
Non-alcoholic beers are still regulated by the Federal Alcohol Administration Act, even though their alcoholic content is legally below what is considered to be an alcoholic beverage.
This is because of a, somewhat legal anomaly, where any malt beverage is regulated by the FAA. The FAA does not indicate an ABV minimum.
However, the laws declaring the legal drinking age of 21 years old is not a federal rule, by a rule set by each individual state, which makes the answer to our question a little more tricky. While each state has unanimously set the legal drinking age to 21 (mostly because of pressure from the Federal Government to remove highway funding if they didn’t), they have different definitions of what an alcoholic beverage is, and even different rules depending on whether you can buy non-alcoholic beer under 21 or consumer non-alcoholic beer under 21.
In many states, minors cannot purchase alcohol, but they are able to consume it given some conditions, like whether or not they are doing so under the supervision of a parent, guardian, or spouse, who is over the age of 21. So that begs the question even more, can you buy and drink NA beer if you’re under 21 if you can in some cases when you’re over 21?
Can you buy NA beer under 21 in the United States?
So now to answer the question of whether or not you can buy non-alcoholic beer in the United States. The answer depends on which state you’re in.
We decided to create a list of states in which you CAN purchase non-alcoholic beer under the age of 21 (for beers with <0.5% ABV), as well as a list of states where you CANNOT, using some information from our friends at One Club Sober.
States where you CAN purchase non-alcoholic beer under the age of 21:
- Alaska
- California
- Hawaii
- Illinois
- Iowa
- Maryland
- Massachusetts
- Minnesota
- Montana
- New Jersey
- Ohio (must be over 18)
- Rhode Island
- Texas
- Virginia
- Washington
- Wisconsin
States where you CANNOT purchase non-alcoholic beer under the age of 21:
- Florida
- Georgia
- Idaho
- Indiana
- Kansas
- Louisiana
- Maine
- Michigan
- Mississippi
- Missouri
- Nebraska
- New Mexico
- New York
- North Carolina
- North Dakota
- Oklahoma
- Oregon (for 0.5% and above)
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Utah
- West Virginia (for 0.5% and above)
- Wyoming (for 0.5% and above)
States where it is UNDEFINED or not so straightforward:
- Alabama (Not regulated in wet counties. “Sale” is prohibited in dry counties)
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Kentucky
- Nevada
- New Hampshire
- Vermont
Given the complexity of this answer, most retail stores and online retailers (including our NA beer-of-the-month subscription service), will require customers to be at least 21 years old just so that they don’t fall victim to any legal loopholes.
Can you drink NA beer under 21 in the United States?
So now to answer the question of whether or not you can buy non-alcoholic beer in the United States. The answer depends on which state you’re in.
We decided to create a list of states in which you CAN purchase non-alcoholic beer under the age of 21 (for beers with <0.5% ABV), as well as a list of states where you CANNOT, using some information from our friends at One Club Sober.
States where you CAN drink non-alcoholic beer under the age of 21:
- Alabama (Permitted with parental permission and/or in the presence of a parent or legal guardian)
- Alaska
- California
- Florida
- Hawaii
- Illinois
- Iowa
- Maryland
- Massachusetts
- Minnesota
- Montana
- New Jersey
- Rhode Island
- Texas
- Virginia
- Washington
- Wisconsin
- Louisiana (Permitted with parental permission and/or in the presence of a parent or legal guardian)
- Mississippi (Permitted for aged 18-21 with parental permission and/or in the presence of a parent or legal guardian)
- New Mexico (Permitted for with parental permission and/or in the presence of a parent or legal guardian on real property, other than licensed premises)
- North Carolina (check out this new video regarding the topic of whether or not minors in North Carolina can consume NA beer)
- North Dakota (Permitted for aged 18-21 with parental permission and/or in the presence of a parent or legal guardian)
- Ohio (Must be over 18)
- Oklahoma (Permitted for with parental permission and/or in the presence of a parent or legal guardian, as long as the possession or consumption does not occur in an establishment licensed to sell alcohol)
- Oregon (Permitted with parental permission and/or in the presence of a parent or legal guardian)
- West Virginia (Permitted with parental permission and/or in the presence of a parent who is related to the minor by blood or marriage)
- Wyoming (Permitted with parental permission and/or in the presence of a parent or legal guardian)
States where you CANNOT drink non-alcoholic beer under the age of 21:
- Georgia
- Idaho
- Indiana
- Kansas
- Maine
- Michigan
- Missouri
- Nebraska
- New York
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Utah
- North Carolina
States where it is UNDEFINED or not so straightforward:
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Kentucky
- Nevada
- New Hampshire
- Vermont
So, can you buy and drink non-alcoholic beer if you’re under 21? The answer is: it depends. With state laws and retailer policies varying significantly, it’s essential to know your local regulations and retailer’s policies before attempting to purchase. Whether you’re interested in the taste, wanting to fit in at social events, or exploring non-alcoholic alternatives, understanding the legalities around non-alcoholic beer is key.
Disclaimer
We are not attorneys and this blog post is not legal advice. Please consult with an attorney or local law enforcement if you have questions about the law in your state.
Want to Discover New & Unique Non-Alcoholic Beers?
NA Beer Club is a resource for you to discover your new favorite non-alcoholic beer.
Sign up for our non-alcoholic beer-of-the-month subscription to sample a variety of NA beers that aren’t easy to find anywhere else. Our monthly subscription makes the perfect non-alcoholic beer gift set for anyone interested in discovering the booming world of NA beer.
Or you can browse our ever-growing list of NA beer to find new non-alcoholic brews that you’ve never heard of before. Discover a new NA beer, leave a review on the ones you’ve tried, and learn where to find them.
