Which Ancillary Laws Actually Work to Reduce Teen Drinking? (Spoiler Alert: Almost None)

The legal drinking age (at least in terms of purchase and public possession) has been 21 in all 50 states and DC since 1988 (notwithstanding the Louisiana Loophole through 1995), but states and localities have differed since then on the "ancillary" laws that are used to prop up the 21 drinking age.  These laws include, among others:

• Laws against private possession and/or consumption 
• Internal possession laws
• Laws against furnishing alcohol to people under 21
• Dram shop liability laws
• Social host liability laws (civil or criminal)
• Keg registration 
• Use alcohol and lose your license ("use and lose" laws)
• Zero-tolerance laws for DUI
• Fake ID laws and ID scanner laws
• Age limits for serving alcohol

Most if not all of these laws have been studied to some extent, with mixed results and even some serious plot twists.  Most of these studies have been conducted by MADD-affiliated researchers such as James C. Fell, Robert Voas, and Ralph Hingson, so they should probably be taken with at least a grain of salt, if not a whole pound.  But even with this potentially significant bias, most of these laws were found to have either no effect, inconsistent effects, very small effects, or even perverse effects in terms of "alcohol-related" traffic fatalities among young people.

If these laws (and by extension, the 21 drinking age itself) did work as intended, one would expect the effectiveness of these laws to show up not only in traffic fatality statistics (which are the tip of a very large iceberg), but also in surveys of teen drinking as well, especially when recent data are studied.  A 2014 study done by Vanessa H. Sacks et al. of Child Trends examined the relationship between 14 different ancillary laws (and alcohol taxes) and both current drinking (any in the past 30 days) and "binge" drinking (5+ drinks "within a couple of hours") among high school students from 2005-2011 as reported on the Youth Risk Behavior Survey (YRBS) of those years.  The 14 laws studied were the following:

• Laws against consumption of alcohol by people under 21
• Exceptions to possession laws
• Exceptions to furnishing laws
• Social host liability laws 
• BAC limits for people under 21 (i.e. zero-tolerance laws)
• Use-and-lose laws (strength measured in three different ways)
• ID scanners in retail locations
• Keg registration
• Age limits for serving alcohol 
• Beer excise taxes in 2005
• Distilled spirits excise taxes in 2005

And the results?  All but three such laws had no significant or even perceptible effect individually on either current drinking or "binge" drinking rates.  The only three that did have any statistically significant correlation were:

• Beer taxes were significantly and negatively associated with both current drinking and "binge" drinking rates.  No surprise there, as this dovetails nicely with the reams of evidence that have found similar results.  (Distilled spirits taxes showed no correlation either way, but that apparently null result is likely due to multicollinearity since beer and liquor taxes are highly correlated with each other).
• Keg registration laws were significantly and negatively correlated with current drinking, but not "binge" drinking, in one of two models.  This result should probably be interpreted with caution though, given how multiple other studies have found a positive correlation between keg registration and "alcohol-related" youth traffic fatalities.
• Use-and-lose laws (i.e. driver's license penalties for mere possession or consumption of alcohol) showed a positive correlation with current drinking, that is, such laws seemed to perversely increase teen drinking.
• And the real kicker: after controlling for drinking rates in previous years and the number of ancillary laws in previous years, states with a greater total number of such policies perversely had higher rates of both current and "binge" drinking.  But drinking rates in previous years did not predict the number of policies in place in later years, thus ruling out the possibility of reverse causation.

Thus, while the researchers caution that these results alone are not definitive enough to establish causation, it is quite clear that such results certainly cast serious doubt on the effectiveness of such laws, and by extension the 21 drinking age itself, in reducing teen drinking and related problems.  With the notable exception of alcohol taxes, the effects of such laws are most likely negligible or even perverse overall.  That, of course, dovetails rather nicely with Miron and Tetelbaum (2009), who found that raising the drinking age to 21 seems to have had "only a minor impact on teen drinking".  And we couldn't agree more.

Halfway Decent Study, Wrong Conclusion

Much has been made of a recent Australia and New Zealand study finding that teens who drink regularly (at least once a week) before the age of 17, and especially by age 13, are statistically more likely to go on to drink heavily, become alcohol-dependent, drive drunk, use/abuse other substances, and smoke cigarettes during adulthood.  And while correlation itself does not prove causation, there may very well still be at least somewhat of a causal link all the same that cannot be readily explained away, particularly for those who begin any significant drinking before age 15.  That said, the specious conclusion that New Zealand and Australia somehow should raise their drinking ages any higher than 18 is unwarranted and not actually supported by the data in this study.

Take it from us in the USA, who have had a legal drinking age of 21 since the 1980s (and much earlier than that in some states).   It simply does NOT work, and merely forces drinking further underground and makes it far more dangerous than it has to be.   It infantilizes young people and erodes respect for the law, and overall does more harm than good.  So what should be done to reduce and/or delay youth drinking, assuming that is the goal?

• Raise the taxes on all alcoholic beverages across the board, ideally making such levies proportional to alcohol content.  That is the single most effective and cost-effective way to reduce alcohol-related harms without actually violating anyone's rights.  So raise them as high as you possibly can without triggering widespread moonshining and bootlegging.
• Set a minimum price floor for alcoholic beverages as well, for both on and off-premise sales.  Both this as well as raising alcohol taxes would have a larger impact on young people since they are more price-sensitive on average.
• Reduce alcohol outlet density in places where such outlet density is very high.
• Restrict or ban alcohol advertising, especially ads aimed at young people.
• Crack down on drunk driving, drunk violence, drunk vandalism, and drunk and disorderly conduct--for ALL ages.  Hold individuals accountable for their behavior, no matter how wasted they are.  Period.
• Increase alcohol education and treatment programs.  Yesterday.  And include social norms marketing in this broadly-defined education program.
• And last but not least, before they even consider raising the drinking age, how about actually enforcing the 18 drinking age they have now?  Seriously.  And by that, we mean targeting vendors with complicance checks, rather than the young people themselves.

And there you have it.  There are far better alternatives than raising the legal drinking age.  And raising the drinking age can actually work at cross-purposes with the alternatives discussed above.  True, delaying the onset of youth drinking--especially regular drinking--can evidently be beneficial to a point.  But when you make the perfect the enemy of the good, you ultimately end up with neither.

To South Africa: Don't Be Like Us, Seriously

In recent international news, South Africa has apparently been getting closer to raising their legal drinking age to 21, which if it passes will put them among the tiny handful of countries with the drinking age that high (Palau, Sri Lanka, Kazakhstan, some Muslim countries, and of course the biggest outlier of all, the USA).  So here is our advice to South Africa:

We know you want to join the 21 Club and raise your drinking age to 21, in the hopes that it will reduce your legendary drinking problem.  But take it from us in the USA, who have had a legal drinking age of 21 since the 1980s (and much earlier than that in some states).   It simply does NOT work, and merely forces drinking further underground and makes it far more dangerous than it has to be.   It infantilizes young people and erodes respect for the law, and overall does more harm than good.  Think about that.

So what should you do to reduce your legendary drinking problem?  Well, for starters:

• Raise the taxes on all alcoholic beverages across the board, ideally making such levies proportional to alcohol content.  That is the single most effective and cost-effective way to reduce alcohol-related harms without actually violating anyone's rights.  So raise them as high as you possibly can without triggering widespread moonshining and bootlegging.
• Set a minimum price floor for alcoholic beverages as well, for both on and off-premise sales. 
• Reduce alcohol outlet density in places where such outlet density is very high.
• Restrict or ban alcohol advertising, especially ads aimed at young people.
• Crack down on drunk driving, drunk violence, drunk vandalism, and drunk and disorderly conduct--for ALL ages.  Hold individuals accountable for their behavior, no matter how wasted they are.  Period.
• Increase alcohol education and treatment programs.  Yesterday.
• And last but not least, before you even consider raising the drinking age, how about actually enforcing the 18 drinking age you have now?  And by that, we mean targeting vendors with complicance checks, rather than the young people themselves.

And there you have it.  There are far better alternatives to raising the drinking age. And raising the drinking age can actually work at cross-purposes with the alternatives discussed above.  Take it from us, you will one day regret doing so.  Honestly, the best advice we can give you is "don't be like us".

Seriously.