Understanding the Social Host Law in Massachusetts:

A Guide for Parents

As we approach the season of graduations, summer celebrations, and family gatherings, we want to provide important information to ensure a safe and enjoyable time for everyone. The upcoming months often bring opportunities for teens to come together and celebrate. In light of this, we would like to remind all parents and guardians of the Massachusetts Social Host Law.

Q: What exactly is the Social Host Law in Massachusetts?

A: The Social Host Law in Massachusetts (M.G.L. c. 138, s34) makes it illegal for anyone—regardless of age—to knowingly or unknowingly allow underage individuals (those under 21) to consume alcohol on property they own, lease, or control. This means that if you are a homeowner, renter, or someone who simply has control over a space (ie. hotel room), you could be held legally responsible if underage drinking occurs there, even if you didn’t provide the alcohol yourself.

Q: Can I still be held responsible if I wasn’t home or didn’t know there was drinking happening?

A: Yes, under Massachusetts law, you can still be held responsible for underage drinking that occurs on your property even if you were not physically present or did not know it was happening. Courts can determine that you “should have known” or were negligent in preventing it. 

Q: What kinds of penalties could I face if I violate the Social Host Law?

A: Criminal penalties include a fine of up to $2,000, imprisonment for up to one year, or both. In addition to criminal charges, you may also face civil lawsuits—especially if someone is injured or killed as a result of underage drinking on your property. In such cases, you could be sued for damages, including medical costs, pain and suffering, or wrongful death.

Q: What if another parent gives permission for their child to drink in my home?

A: Even if another parent says it’s okay for their child to drink, you are still legally responsible for what happens in your home. The law does not make exceptions for parental permission unless the alcohol is being provided by the minor’s own parent or guardian, and even then, only in that parent’s own home.

For additional resources on preventing underage drinking and having meaningful conversations with your teens about alcohol, drugs, and party safety, please visit healthykp.org.

Please email your questions to [email protected]. Your questions will remain confidential and anonymous. Formed in 2018, Healthy KP is a community-based group of volunteers from the tri-town communities working together to prevent and reduce the use of alcohol, drugs and nicotine/tobacco products among our youth. In December of 2020, Healthy KP was awarded a Drug-Free Communities (DFC) grant allowing the coalition to strengthen community collaboration and engagement to prevent and reduce substance use among youth. By implementing evidence-based prevention programs, strengthening partnerships and building connections through community events, Healthy KP has made progress in reducing rates of youth use. For more information, visit www.healthykp.org.