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All 50 US states have set their minimum drinking age to 21 although exceptions do exist on a state-by-state basis for consumption at home, under adult supervision, for medical necessity, and other reasons.
The repeal of alcohol prohibition by the 21st Amendment on Dec. 5, 1933 allowed each state to set its own alcohol consumption laws. At that time, most states established the MLDA for alcohol at 21 years of age, although two states set an MLDA of 21 for men and 18 for women: Illinois (1933-1961) and Oklahoma (1933-1976). The 1976 US Supreme Court case Craig v. Boren ruled 7-2 that this age difference violated the Equal Protection Clause of the 14th Amendment. Following the July 1, 1971 passage of the 26th Amendment, which lowered the legal voting age from 21 to 18 years of age, 30 US states lowered their MLDA to 18, 19, or 20; by 1982, only 14 states still had an MLDA of 21
Reports in the 1970’s showing that teenage car accidents increased in states where the MLDA had been lowered from 21 prompted Congress to pass the National Minimum Drinking Age Act of 1984.
Although the Act did not require a national MLDA of 21, it effectively mandated it by stipulating that some federal transportation funds would be withheld from states that failed to make 21 their minimum age for purchasing and publicly possessing alcohol. Since 1984, all states that had previously lowered their MLDA from 21 have all raised their MLDA back to 21. South Dakota and Wyoming were the last states to do so in 1988.
While the MLDA is 21 in all 50 states, in 47 of 50 states age 18 is the “age of majority,” which entails having the rights and responsibilities of adulthood. Every state sets its own age of majority that often corresponds with the age at which one can vote, join the military, serve in jury duty, sign contracts, marry, apply for loans, make decisions regarding medical treatments, and be prosecuted as an adult. Alabama (age 19), Mississippi (21), and Nebraska (age 19) are three states that have an “age of majority” above 18, although certain rights such as the right to vote remain at 18 in these states.
136 college and university presidents have signed a pledge stating that the drinking age of 21 is “not working,” citing binge drinking, fake IDs, and the fact that adults age 18-20 are able to vote, serve on juries, and enlist in the military. According to the World Health Organization (WHO), three million deaths annually (5.3% of all deaths) result from the harmful use of alcohol. WHO also reports that 13.5% of all deaths among people ages 20-39 are attributable to alcohol.
The discrepancy between the MLDA and the age of majority–and its many responsibilities and authorities–along with continued incidents of alcohol abuse reported on college campuses have fueled debate on whether or not setting the MLDA at 21 is fair, smart, and effective.
PRO
- 18 is the age of adulthood in the United States, and adults should have the right to make their own decisions about alcohol consumption.
- Allowing 18- to 20-year-olds to drink alcohol in regulated environments with supervision would decrease unsafe drinking activity.
- There are fewer drunk driving traffic accidents and fatalities in many countries with MLDA of 18.
- The decrease in drunk driving fatalities as a percentage of total traffic fatalities in the United States does not correlate to the MLDA.
- Lowering MLDA from 21 to 18 would diminish the thrill of breaking the law to get a drink.
- MLDA 21 is largely ineffective because teens consume regardless.
- High non-compliance with MLDA 21 promotes general disrespect and non-compliance with other areas of US law.
- MLDA 21 enforcement is not a priority for many law enforcement agencies.
- MLDA 21 is not statistically associated with lower rates of suicide, homicide, or vandalism.
- Drinking alcohol is an enjoyable activity.
- Lowering MLDA 21 would reduce the number of underage people who are hurt from alcohol-related injuries or accidents due to fear of legal consequences if they sought medical attention.
- State governments should have the right to establish a lower legal drinking age that reflects their unique demographics, legal context, and history.
- Lowering MLDA 21 would be good for the economy.
CON
- Lowering MLDA 21 would be medically irresponsible.
- Lowering MLDA 21 to 18 will irresponsibly allow a greater segment of the population to drink alcohol in bars and nightclubs, which are not safe environments.
- The right to drink should have a higher age of initiation because of the dangers posed by drinking.
- MLDA 21 reduces traffic accidents and fatalities.
- MLDA 21 reduces alcohol consumption and the number of underage drinkers.
- MLDA 21 should not be lowered to mirror European drinking age limits because the rate of drinking among US teenagers is lower than most European countries.
- MLDA 18 is not a right.
- The American public overwhelmingly supports MLDA 21.
- Lowering MLDA 21 would give high schoolers and even middle schoolers easier access to alcohol.
- MLDA 21 helps prevent underage binge drinking.
- MLDA 21 exerts valuable social pressure on potential underage drinkers and those who may serve them.
- The MLDA should stay at 21 because people tend to be more mature and responsible at 21 than 18.
- Lowering the drinking age will invite more use of illicit drugs among 18-21 year olds.
This article was published on April 2, 2019, at Britannica’s ProCon.org, a nonpartisan issue-information source.