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Local senator eyes change to underage drinking laws
A proposed amendment to the state’s underage drinking laws would make it illegal for minors to possess alcohol regardless of intent.
Under current law, residents under the age of 21 can be charged for consuming and buying alcohol, but no provision exists for possession, said Sen. Larry Martin, R-Pickens, who is co-sponsoring the legislation.
The amendment, discussed this week by a Senate judiciary subcommittee, is part of an overall effort by lawmakers to address the issue of underage drinking.
The bill would make it illegal to be in possession or transfer an alcoholic beverage to a person under 21, regardless of the minor’s intent.
Sen. Martin said he introduced the legislation following discussions with local law enforcement.
“Possession is tantamount to consuming it,” he said. “The law, as I understand it, does not prohibit their possession. It’s problematic for them (prosecutors) to bring charges in some cases.”
Sen. Martin said the bill likely faces an uphill climb in the Senate, but he said he would be open to other suggestions about how to craft it.
Creed Hashe, chief deputy for the Anderson County Sheriff’s Office, said the amendment could be effective in curbing underage drinking and bring laws governing alcohol use in line with those for drug possession.
He said it would remove the burden from prosecutors to prove that a minor intended to drink alcohol that was transferred to them.
“It would make the success rate for prosecution much higher and send a message to the youth it doesn’t make any difference of intent if you have possession of it,” Mr. Hashe said. “That’s the bottleneck in the current statute.”
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