Theo Nash
The term grandfathered in refers to a situation where certain individuals are allowed to continue their actions under old rules or laws, even after new rules or laws are established. In the context of raising the legal drinking age, some countries have included a grandfather clause in their legislation, which allows those who were already legally consuming alcohol to continue doing so, even if they are below the new legal drinking age. For example, when the drinking age in the United States was changed from 18 to 21, those between the ages of 18 and 21 at the time were allowed to retain the right to legally consume alcohol. This approach aims to ease the transition to new rules, protect the rights of those who were legally consuming alcohol before the law change, and avoid potential confusion and hardship.
| Characteristics | Values |
|---|---|
| Definition of "grandfathered in" | A clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges or practices |
| "Grandfathered in" in the context of raising the age of alcohol | Individuals who were already 18 when the law changed might be allowed to continue buying alcohol |
| Example of "grandfathered in" in law | In December 2019, the US passed a federal law raising the minimum age to purchase tobacco products from 18 to 21. The law did not include a "grandfather clause". However, when the drinking age was raised to 21, everyone who was 18+ was grandfathered in |
| Reasoning behind "grandfathered in" clauses | Being "grandfathered in" is a way to ease the transition from old rules to new ones. It helps to avoid confusion and potential hardship that could arise from sudden changes |
| Examples of "grandfathered in" in other areas of law | Zoning laws, employment regulations, consumer rights, licensing agreements, environmental regulations, real estate development, consumer protection law |
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What You'll Learn
The National Minimum Drinking Age Act
In 1984, the United States Congress passed the National Minimum Drinking Age Act, which was later signed into law by President Ronald Reagan on July 17, 1984. The Act required states to set their minimum drinking age to 21 by October 1986, threatening to withhold 10% of federal highway funds from states that failed to comply. By mid-1988, all 50 states and the District of Columbia had raised their purchase ages to 21. However, this did not include Puerto Rico, Guam, or the Virgin Islands.
The effectiveness of the National Minimum Drinking Age Act in reducing alcohol-related traffic accidents has been debated. Some studies show a significant increase in road safety due to the raised drinking age, while others suggest that the lifesaving effect is not statistically significant and that it may only impact the first year or two after implementation. Additionally, there is evidence that the higher drinking age may simply shift traffic deaths from the 18-20 age group to the 21-24 age group.
Despite the Act, underage drinking remains prevalent on college campuses, and intervention programs have largely proven ineffective. The current purchase age of 21 is a point of contention for many Americans, as it is higher than the age of majority (18 in most states) and higher than the purchase ages in most other countries. Some states have proposed legislation to lower the drinking age, while others have considered raising the minimum driving age to better separate alcohol and driving.
In terms of grandfathering, a similar situation occurred when the drinking age was raised to 21, and people who were 18 and older at the time were effectively grandfathered in, as they were already legally allowed to drink alcohol. However, it is important to note that the specific laws and regulations regarding the implementation of the National Minimum Drinking Age Act and any potential grandfathering provisions may vary from state to state.
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Drinking age in the US raised from 18 to 21
In the United States, the minimum legal drinking age is 21 years. This was not always the case, as the legal drinking age varied across states in the 1960s and 1970s, with some states setting the minimum age at 18 for beer and wine and 21 for spirits.
In 1984, the National Minimum Drinking Age Act was passed by Congress, requiring states to raise their minimum drinking age for purchase and public possession to 21 by October 1986, or risk losing 10% of their federal highway funds. By mid-1988, all 50 states and the District of Columbia had complied with the mandate, except for Puerto Rico, Guam, and the Virgin Islands. This change in legislation was influenced by studies that showed a significant increase in traffic crashes among teenagers after the minimum legal drinking age was lowered in the 1970s.
The current purchase age of 21 remains a contentious issue among Americans, as it is higher than the age of majority (18 in most states) and the purchase age in most other countries. Some people argue that those who were 18 and older when the drinking age was raised to 21 were "grandfathered in," and that the same should be applied to changes in the age limit for tobacco purchases. However, it is important to note that the federal law concerning the National Minimum Drinking Age Act only addresses purchase and public possession, and does not specifically prohibit minors' and young adults' consumption of alcohol in private settings. As of January 1, 2007, the laws regarding underage consumption vary across states, with 14 states and the District of Columbia banning it outright, 19 states not specifically banning it, and 17 states having family member or location exceptions.
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People aged 18-21 'grandfathered in'
In the United States, the National Minimum Drinking Age Act was passed in 1984, requiring states to raise the minimum age for the purchase and public possession of alcohol to 21 by October 1986. By mid-1988, all 50 states and the District of Columbia had complied with this legislation, setting the legal drinking age at 21.
Prior to this Act, the minimum age for purchasing and consuming alcohol varied across states. Following the ratification of the 21st Amendment in 1933, most states set the drinking age at 21, which was the voting age at the time. From 1969 to 1976, about 30 states lowered the drinking age, often to 18, as the voting age was lowered to 18 in 1971.
During the transition to the new federal drinking age of 21, individuals who were already 18 or older when the law changed were typically "grandfathered in." This means that they were allowed to continue purchasing and consuming alcohol legally, even if they had not yet reached the new minimum age of 21. This provision, known as a "grandfather clause," aims to ease the transition from old rules to new ones and prevent unfair impacts on individuals who made choices based on the previous laws.
For example, an individual who turned 18 shortly before the new drinking age law took effect in their state could still legally purchase and consume alcohol. However, their younger friends who turned 18 after the law changed were no longer allowed to do so until they turned 21. This situation created a temporary age group that was "grandfathered in" and legally allowed to drink until they turned 21.
It is worth noting that the National Minimum Drinking Age Act only addressed the purchase and public possession of alcohol. Even today, some states do not explicitly ban underage consumption in private settings, and several exceptions exist for drinking in private residences under the supervision of family members or in certain locations.
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No 'grandfather clause' in new tobacco laws
In December 2019, the United States passed a federal law raising the minimum age to purchase tobacco products from 18 to 21. This law was enacted to address the country's youth smoking epidemic and reduce tobacco-related health costs. While the law has been applauded for its potential to improve public health, it has also been criticized for not including a "grandfather clause".
A "grandfather clause" is a provision in a new law that allows those already engaging in a particular activity to continue doing so, even if the law now prohibits it for new adopters. In the context of tobacco laws, a grandfather clause would have allowed those who were already legally purchasing tobacco products to continue doing so, despite being below the new minimum age. This approach has been described as a way to ease the transition from old rules to new ones and protect the rights of those who were legally purchasing tobacco before the law changed.
The absence of a grandfather clause in the new tobacco law means that individuals who were between 18 and 21 at the time of the law's enactment and could previously purchase tobacco legally are now prohibited from doing so until they turn 21. This has caused frustration among young adults who feel their rights are being unfairly taken away. Some have even argued that the lack of a grandfather clause in the tobacco law is unconstitutional, as similar clauses have been included in past changes to alcohol laws.
When the drinking age in the United States was raised from 18 to 21, those between 18 and 21 at the time were allowed to retain the right to consume alcohol. This "grandfathering" of individuals already engaging in legal activity has been a feature of other alcohol law changes as well. For example, when some states raised their drinking age from 18 to 19 and then to 21, those who were already 18 or older at each change were "grandfathered in" and could continue to drink legally.
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State vs federal law
In the United States, the minimum legal drinking age (MLDA) is 21 years. The MLDA laws set the legal age at which people can buy alcohol. The minimum drinking age is a state law, and the federal law is concerned only with purchase and public possession, not private consumption.
Before the National Minimum Drinking Age Act of 1984, the minimum drinking age varied across states. In 1984, the National Minimum Legal Drinking Act, written by Senator Frank Lautenberg, required all states to set their minimum drinking age to 21. The Act punished any state that allowed persons under 21 to purchase alcoholic beverages by reducing its annual federal highway apportionment by 10 percent. By 1995, all 50 states, two permanently inhabited territories, and Washington, D.C., were in compliance, but Puerto Rico, Guam, and the Virgin Islands remained at 18 despite losing 10% of federal highway funding.
The minimum drinking age of 21 remains a point of contention among Americans, as it is higher than the age of majority (18 in most states) and the purchase age in most other countries. Some states have proposed legislation to lower their purchase age, while Guam raised its purchase age to 21 in 2010.
The MLDA laws are intended to reduce underage drinking and protect young people from alcohol-related harm. Studies have shown that states that raised their MLDA to 21 years experienced a drop in motor vehicle crashes and a decrease in the percentage of young people who drank alcohol. However, several studies have also shown data that goes against the idea that raising the drinking age to 21 saves lives in the long run.
The drinking age limit has changed over time. In colonial America, there were generally no purchase ages, and alcohol consumption by young teenagers was common. In post-Revolutionary America, religious sentiments and growing recognition of the dangers of alcohol led to a reduction in freedom to consume alcohol. The minimum drinking age was lowered to 18 in the early 1970s when the voting age was lowered from 21 to 18. However, this was followed by studies showing a significant increase in motor vehicle fatalities, leading many states to raise the minimum drinking age to 19, 20, or 21.
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Frequently asked questions
Being "grandfathered in" refers to a situation where certain individuals are allowed to continue following old rules or laws, even after those rules have changed. This concept is often used in various areas of law, including zoning laws, employment regulations, and consumer rights.
Yes, when the drinking age in the US was changed from 18 to 21, those between the ages of 18 and 21 at the time were allowed to continue consuming alcohol. This is known as a "grandfather clause".
A "grandfather clause" is a provision in a new law that allows those already engaging in a particular activity to continue doing so, even if the law changes to prohibit that activity for new adopters. It helps to ease the transition from old rules to new ones and ensures that individuals are not unfairly impacted by sudden changes.
The decision to exclude a "grandfather clause" in the new tobacco law caused frustration and controversy among young adults. Some argued that it was unfair to suddenly prohibit those who were legally purchasing tobacco from doing so, especially considering the targeted marketing of products like Juul towards this age group.
