Possession by consumption is a charge governed by state laws, which vary by state. Such statutes are aimed at deterring underage alcohol consumption by minors. They typically use a lower blood alcohol content level than necessary for a charge of intoxication to prove that an underage drinker possessed alcohol.
The following is an example of a state statute dealing with possession by consumption:
Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor.