This month, California Assembly Bill 1658 went into effect, which imposes harsher punishments for those who make alcohol available to minors ““ whether it be buying it, selling it, or giving it away ““ as well as people who make fake IDs.
The law is unusual in that its wording does not specifically address underage drinkers. Rather, it targets the other half of the equation: the people who provide the underaged with liquor.
The law doubles the previous fines for providing alcohol for minors, from $250 to $500 for the first offense and $1,000 each subsequent time.
It also ups the ante in terms of punishment, threatening community service and/or up to a year of jail time in addition to a $1,000 fee for anyone “who furnishes or causes the alcoholic beverage” to be consumed by someone under 21.
This is an important issue for college students. For every student who can’t enjoy Margarita Mondays, there is one willing to buy him a handle of tequila or six-pack of beer.
It’s a common phenomenon. In places such as the apartments, roommates share most of their things (willingly or not). Laundry detergent, bottles of water, and the last roll of toilet paper are all up for grabs. And in a place where people over and under the legal drinking age reside, so is the alcohol.
However, it does not seem as if this law will be enforced by police kicking down doors and demanding breathalyzers and IDs from everyone holding a glass.
It is more likely that the law will be enforced and the penalty imposed on more serious occasions: when an underage person overindulges at a party and ends up at the hospital (in which case the person who bought the alcohol for the party would be liable), or when parents or other relatives buy kegs for their high-school-aged progeny.
In a case such as a fraternity party where a minor suffers from alcohol poisoning, the provider of the drinks would face up to $1,000 in fines, especially if the minor causes bodily harm or even death to another person. There may be concern that this possible penalty may prevent anxious hosts from calling an ambulance for a sick guest so as to avoid punishment.
The new law has even harsher punishments for people who make or sell fake IDs. Any person “who gives, sells, or furnishes a false or fraudulent written, printed, or photostatic evidence of age” to someone under 21 will be fined $2,500 and have to perform at least 24 hours of community service.
Specifically, anyone who produces “an identification document of a size and form substantially similar to identification cards” from the DMV, regardless of whether they sell it or not, face the same punishment.
The law also mentions the common college hazard of drinking in public. Under AB 1658, possessing alcohol in public now must pay $500 the first time and $1,000 each time thereafter ““ again doubling the previous fines.
The law presents the dilemma of whether to comply with law enforcement or protect their source, who is likely a friend, from punishment.
But this law is not trying to crack down specifically on college students who furnish alcohol to their under-21 friends.
Instead, it serves as a reminder to every Californian that you are responsible for the alcohol you distribute ““ especially if it involves underage drinking and the potentially risky behavior that ensues.