The Virginia General Assembly passed a bill now awaiting Gov. Mark R. Warner's signature that could loosen laws related to the underage purchase or possession of alcohol.
Sponsored by Del. James F. Almand, D-Arlington, the bill offers courts the option of deferring a guilty verdict in cases of underage alcohol purchase or possession. If the deferral option is exercised, a judge would require the defendant to enter an alcohol treatment or education program.
If he or she cooperates with that order, the infraction, normally considered a class 1 misdemeanor, would be wiped from the individual's criminal record.
A similar law currently on the books already affords judges such freedom in cases involving illegal drugs, including marijuana and even cocaine.
This legal discrepancy could lead to disproportionate punishments for alcohol and drug offenders, said William McCollum, the executive director of the Virginia Alcohol Safety Program who worked with Almand on the bill.
"If two kids are sitting in a park, and one is smoking marijuana and the other is drinking a beer, the one drinking the beer would have his license suspended, be fined up to $1,000 or could have to perform community service," McCollum said. "But the one smoking marijuana could have his drug charge wiped off his record."
Proponents of the legislation, which passed unanimously through the Senate after undergoing minor revision in the House, argue the bill is long overdue.
Citing recent binge drinking statistics, Linda Volovick, Virginia State chairwoman of Mothers Against Drunk Driving, voiced her support for the bill and its treatment approach to handling underage, alcohol-related incidents.
"We're talking about trying to prevent people from becoming alcoholics," Volovick said. "I see it as a broadening of the scope of what to do when an individual is caught."
Supporters seemed confident that the measure did not represent a slackening of existing alcohol laws.
"If it were, I wouldn't support it," McCollum said.
Instead, they view the legislation as a reflection on a positive shift in attitudes toward drinking problems among those individuals under 21.
"There are alternatives to treat a person who has been caught red-handed with alcohol," Volovick said.