It's a law that makes it illegal to provide an environment where underage drinking and marijuana use takes place, regardless of who provides these substances.

In San Diego County’s ordinance, a “Social Host” refers to a person(s) who knowingly allows the possession or consumption of alcohol or marijuana by minors on their private property.

Yes. Eighteen – to 21-year olds can be held liable as a “Social Host.”

Private property has been defined as “any privately owned land or building of the unincorporated area of the County and includes vacant land as well as residential, commercial, business or farm property.”

It’s simple. Don’t allow minors to drink alcohol or smoke marijuana.

A host must take “reasonable steps” to prevent the consumption of alcohol or marijuana by anyone under the age of 21. Those steps include:

• Control Access – keep alcohol and marijuana away from minors at your party
• Control Quantity – Don’t buy so much you lose track of who has what
• Verify Age – You have a responsibility to know how old everyone is at your party
• Supervise –You MUST supervise the activities of minors in attendance and ensure they’re NOT drinking alcohol or smoking marijuana.

If the Social Host fails to take reasonable steps to prevent alcohol/marijuana possession or consumption by the underage person(s) on property they control, they could be found in violation of the ordinance.

If you discover minors are drinking alcohol or smoking marijuana at your party, ask them to stop. If they refuse, you may have to call the Sheriff’s Department. You are not in violation of the ordinance if you ask for help from them immediately.

A parent cannot be charged under the San Diego County Social Host ordinance if, in their presence, they allow their underage child to consume alcohol in their residence. However, allowing someone else’s child to consume alcohol or smoke marijuana in your home would be illegal.

When Sheriff’s Deputies respond to an event where minors are gathering and, through the normal course of an investigation, they determine underage alcohol/marijuana possession or consumption exists, the individual host of the social event can be issued a citation and charged with violating the County’s Social Host ordinance.

A Social Host does not have to be 21 years of age to be in violation of the law. Social Host violations carry a fine of $1,000 on the first offense. Second and subsequent violations carry a fine of $2,000 or up to 32 hours of community service or up to six months in jail. You may also be held liable for injuries sustained by third parties as a result of the minor guest’s negligence. A Social Host can also be liable for the cost of responding law enforcement services.

However, under California State law, they could be held responsible civilly for their child’s actions.

Alcohol and marijuana are the drugs of choice for youth. There are serious second hand effects of underage drinking and marijuana use, which endanger public health, safety and quality of life.

The San Diego County Social Host ordinance can help reduce alcohol/marijuana harm, crimes and costs attributed to the consumption of these substances.

The County’s Social Host ordinance does not increase law enforcement’s ability to enter someone’s home or property. The State of California allows law enforcement to enter a private residence without a search warrant when they have reasonable suspicion that a crime has occurred.

One or more hosts can be cited for the unlawful party if there is evidence of multiple hosts.

The citations will go to the individual host(s).

Under current laws, it is illegal to furnish alcohol to individuals under the age of 21. In California, recreational marijuana use by individuals over the age of 21 is legal. However, marijuana is considered a substance that cannot be consumed by a minor in such social settings, except for medical purposes if authorized under state law.

In a party setting, it is often difficult or impossible to identify who provided alcohol or marijuana to minors. Therefore, the San Diego County Social Host ordinance assigns responsibility to those who knew or should have known that a party was occurring on their property involving underage drinking or marijuana use.

Parties and gatherings on private property have repeatedly been identified as the primary source by which youth obtain alcohol or marijuana. Teenagers can obtain alcohol or marijuana at parties through friends, older siblings or adults.

Under the San Diego County Social Host ordinance, adults are not responsible for hosting the party if they are not at home and youth hold a party where minors are drinking alcohol or smoking marijuana without their knowledge. A teen or other person in control of the house could be cited for hosting the party in addition to possessing alcohol or marijuana.

This law doesn’t change existing civil liability — adults can be held liable for injuries or other consequences that occur regardless of whether they are present or not.

Adults who knowingly allow underage alcohol/marijuana use on their private property will be held responsible. If an adult is not aware that a minor brought alcohol or marijuana onto the property or if the minor is concealing the alcohol or marijuana, that adult will not be held responsible.

The Sheriff’s Department must establish probable cause by determining that a person knew or should have known that underage drinking/marijuana use was occurring on the premises.

The provisions of this ordinance shall not apply in the case of a party or gathering consisting entirely of persons trespassing on the premise or residence.

No. Impaired driving is not the only negative outcome of underage drinking/marijuana use. Drinking parties often involve binge drinking (five or more drinks on one occasion) which greatly increases the risk of alcohol poisoning, accidents and injury, motor vehicle crashes, mixing alcohol with other drugs, violence, sexual abuse and the practice of unsafe and unprotected sex.

Anyone over the age of 18 found guilty of being a social host will face charges that will go on their criminal record.