In Missouri, anyone under 21 who handles household trash containing empty alcohol containers could technically be charged with illegal possession of alcohol under the state's broadly written possession laws.

Missouri's Bizarre Alcohol Law Could Criminalize Taking Out Trash

2k viewsPosted 14 years agoUpdated 1 hour ago

Picture this: You're 19 years old, living at home, and your parents ask you to take out the trash. Buried somewhere in that bag is an empty wine bottle from last night's dinner. Congratulations—you've just committed a crime in Missouri.

At least, technically you have.

The Letter of the Law

Missouri Revised Statutes § 311.325 makes it a misdemeanor for anyone under 21 to purchase or possess intoxicating liquor. Simple enough, right? The problem is that the law doesn't define what counts as "possession."

Courts have historically interpreted possession laws broadly. If you're physically holding something—even momentarily, even unknowingly—you could be considered in possession of it. That empty beer can in your garbage bag? You're possessing it.

Has Anyone Actually Been Charged?

Here's where it gets interesting. While the law technically allows for such charges, finding documented cases of minors prosecuted for taking out family trash is essentially impossible. Prosecutors have discretion, and most would laugh this scenario out of their office.

But the law remains on the books, and that's what makes it so bizarre.

The statute was clearly designed to prevent underage drinking—a reasonable goal. But the broad language creates absurd hypotheticals that lawmakers never intended:

  • A teenager cleaning up after a party their parents hosted
  • A young employee busing tables at a restaurant
  • A 20-year-old helping their elderly neighbor with recycling

All technically illegal under a strict reading of the law.

Missouri Isn't Alone

Many states have similarly broad possession statutes. The difference is often in how "possession" gets interpreted and prosecuted. Some states have explicit exceptions for employment situations or parental supervision. Missouri's law has fewer carve-outs, making it one of the more expansive versions.

Legal experts often point to these laws as examples of overcriminalization—when statutes are written so broadly that they technically criminalize everyday behavior. The laws work because prosecutors use common sense, not because the text itself is sensible.

The Takeaway

Should you worry about taking out the trash in Missouri? Probably not. No reasonable prosecutor would pursue such a case, and no judge would look kindly on it.

But the fact that it's possible—that the plain text of the law could support such a charge—reveals how carelessly some legislation gets written. It's a reminder that many laws on the books would be absurd if enforced literally.

So next time you're hauling garbage to the curb, spare a thought for Missouri's minors. They're all potential criminals, one empty bottle at a time.

Frequently Asked Questions

Can minors be charged for handling empty alcohol containers in Missouri?
Technically yes. Missouri's possession laws are written broadly enough that a minor handling trash containing empty alcohol containers could face misdemeanor charges, though such prosecutions are virtually unheard of.
What is Missouri's legal drinking age law?
Missouri Revised Statutes § 311.325 prohibits anyone under 21 from purchasing or possessing intoxicating liquor, with violations classified as a misdemeanor.
Are there exceptions to Missouri's minor possession law?
The law has limited exceptions compared to other states, which is why it technically covers scenarios like handling household trash containing empty containers.
Has anyone been prosecuted for taking out trash with alcohol containers?
There are no documented cases of minors being prosecuted specifically for taking out household trash containing empty alcohol containers. Prosecutors exercise discretion and wouldn't pursue such absurd applications of the law.
What states have the strictest underage alcohol possession laws?
Missouri, along with several other states, has broadly written possession statutes. The strictness often depends more on enforcement and judicial interpretation than the text of the law itself.

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