Skip to contentSkip to Search and the menu

Providing Alcohol to Someone Under 21

MCA 16-6-305 — no sale or provision under 21, and no intoxicating quantity even from a parent

No one may sell or otherwise provide an alcoholic beverage to a person under 21, apart from a nonintoxicating quantity from a parent or guardian, a doctor or dentist for medicine, a pharmacist on a prescription, or clergy in a religious observance.

  • MCA 16-6-305
Email

Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

A parent, guardian or anyone else may not knowingly provide an intoxicating quantity, enough for an alcohol concentration over 0.05 or substantial or visible impairment.

  • Treating or buying a drink for someone under 21 in a bar is a misdemeanor.
  • So is holding someone out as 21 or older to the owner or an employee.
  • Misrepresenting one's own age to get a drink is unlawful.
  • MCA 16-6-305

A violation is a misdemeanor punished under the general sentence for one, unless the alcohol code sets another.

  • MCA 16-6-314
Sources for this section (2)
  1. MCA 16-6-305 — Age limit for sale or provision of alcoholic beverages -- liability of provider
  2. MCA 16-6-314 — Penalty for violating code -- revocation of license -- penalty for violation by underage person

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

From here