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.
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.
A violation is a misdemeanor punished under the general sentence for one, unless the alcohol code sets another.
Sources for this section (2)
- MCA 16-6-305 — Age limit for sale or provision of alcoholic beverages -- liability of provider
- 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.