Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 34C (2026)

Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver's license

✓ current as of July 2026

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Section 34C. Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars for a second or subsequent offense; provided, however, that this section shall not apply to a person between the ages of eighteen and twenty-one who knowingly possesses, transports or carries on his person, alcohol or alcoholic beverages in the course of his employment. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1999–2021 · leading case: Howes v. Hitchcock, 66 F. Supp. 2d 203 (D. Mass. 1999).

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Howes v. Hitchcock, 66 F. Supp. 2d 203 (D. Mass. 1999). · cites it 6× “” Mass.Gen.L. ch. 138, § 34C (West Supp.1999).”

Commonwealth v. Villagran, 81 N.E.3d 310 (Mass. 2017). · cites it 2× “3 He also challenges the 2 The trial judge allowed the defendant's motion for a required finding of not guilty on a charge of minor in possession of alcohol, G. L. c. 138, § 34C. 3 The defendant does not challenge the denial of the motion to suppress statements.”

Commonwealth v. Clarke, 949 N.E.2d 892 (Mass. 2011). “94C, § 32C; and underage possession of liquor, G. L. c. 138, § 34C. In return, the Commonwealth agreed to the dismissal of two counts of school zone violations, G.”

Commonwealth v. Militello, 848 N.E.2d 406 (Mass. App. Ct. 2006). · cites it 2× “In the instant case the Commonwealth, on uncontroverted evidence, showed that, by possessing or transporting the beer, the minors violated G. L. c. 138, § 34C. 9 Compare Commonwealth v.”

Juliano v. Simpson, 461 Mass. 527 (Mass. 2012). “138, § 34B (imposing penalties on persons altering drivers’ licenses or liquor purchase identification cards, including $200 fine and imprisonment up to three months); G. L. c. 138, § 34C (imposing penalties on underage persons who possess, transport, or carry alcohol, including…”

Commonwealth v. Petersen, 851 N.E.2d 1102 (Mass. App. Ct. 2006). “90, § 24(2); and being a person under twenty-one years of age in possession of alcohol, G. L. c. 138, § 34C. 1 Subsequently, the trial judge entered a finding of guilt as to the second offense portion of the OUI charge.”

Klaucke v. Daly, 595 F.3d 20 (1st Cir. 2010). “Assuming for argument's sake that more than reasonable suspicion was required to threaten arrest, we conclude that the totality of information known to Officer Daly at the time, including Klaucke’s behavior in refusing to produce his proof of age, was sufficient to allow Officer…”

Nunez v. Carrabba's Italian Grill, Inc., 859 N.E.2d 801 (Mass. 2007). “138, § 34B (persons who have reached age of twenty-one years may apply for liquor purchase identification card); G. L. c. 138, § 34C (persons between ages of eighteen and twenty-one years shall be fined for knowingly possessing, transporting, or carrying alcoholic beverages on…”

Commonwealth v. Santiago, 767 N.E.2d 619 (Mass. App. Ct. 2002). “alcoholic beverage, G. L. c. 138, § 34C, fine up to $50; disguise (apparently by giving false name) with intent to obstruct execution of law, G.”

Commonwealth v. Kneram, 826 N.E.2d 733 (Mass. App. Ct. 2005). “shall be punished”); G. L. c. 138, § 34C, as amended through St.”

Commonwealth v. Moscat, 731 N.E.2d 544 (Mass. App. Ct. 2000). “For this reason, we need not quarrel with Riley’s approach to the drinkers on the comer.”

Commonwealth v. Ramirez, 777 N.E.2d 196 (Mass. App. Ct. 2002). “See G. L. c. 138, § 34C. The two searches conducted before the defendant was transported to the police station were valid because, having made a proper arrest, the police had the right to conduct a contemporaneous search for the purpose of “removing any weapons that [he] might…”

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