Legal Question in Consumer Law in Montana
Legal Drinking Age for Montana
Could someone help me understand the drinking laws of Montana? It appears to me that as long as any age child under 21 is being supplied alcohol by his parents in a moderate form that it is legal. It appears that this would apply to any public place that alcohol is being served or sold. Parts of the Montana Code that I am talking about follows:
45-5-624. A person does not commit the offense (minor in possession) if the person consumes or gains possession of the beverage because it was lawfully supplied to the person under 16-6-305
16-6-305. Age limit for sale or provision of alcoholic beverages -- liability of provider. (1) (a) Except in the case of an alcoholic beverage provided in a nonintoxicating quantity to a person under 21 years of age by his parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance, a person may not sell or otherwise provide an alcoholic beverage to a person under 21 years of age.
There is more to the sections of code but I don't have room to put them all in here.
1 Answer from Attorneys
Re: Legal Drinking Age for Montana
Your question makes sense. It is legal in Montana for a parent to give their kid alcohol in non-intoxicating quantities if under 21. It seems to me that if you are in a restaurant where, for instance, wine is being served, and you allow your under 21 year old to have sip or 2, it should not cause a problem. It probably will all come down to what is an appropriate quantity. I know that most bars do not want kids under 21 inside after evening. I have had no problems in taking my own kids into bars during the day in Montana (when in Oregon, however, I don't think the kids were allowed in at all). I have never actually tested the law as you suggest but I agree with your analysis that it should be legal if the parent provides the alcohol and it is not in intoxicating quantities. Hope this helps.
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