The District of Columbia City Council decriminalized underage drinking on Tuesday, formalizing a rule that has been in effect since July 13.

The bill, which awaits Washington, D.C., Mayor Anthony Williams’ approval, makes consumption of alcohol by those under 21 a civil rather than criminal offense. Underage possession of alcohol will receive a civil citation.

Punishment will include community service or alcohol education classes, and possibly a $300 fine and the suspension of a driver’s license for 90 days. Arrest and a criminal record of the incident will no longer accompany citations as they have in the past.

On May 25, a superior court ruling in the case Cass v. District of Columbia declared that all alcohol-related offenses by minors must be prosecuted as civil offenses. During the interim between the court ruling and the July 13 passing of emergency legislation to prescribe civil penalties for underage drinking, Metropolitan Police Department officials were prevented from arresting offenders and prosecution was difficult.

Between 10 and 15 cases of underage possession of alcohol were pursued each week during that period, but judges were forced to dismiss most of them. Lawsuits were also raised against MPD for criminally enforcing existing law and legal contradiction between the District law and the court ruling created a bureaucratic nightmare, prompting the council to pass emergency legislation that made underage drinking a criminal offense.

Under the measures, proposed by city council members Sharon Ambrose and Kathy Patterson, underage drinkers would still have received a criminal record for the citation. Punishment, however, would have been analogous to a civil offense. After completing six months of an alcohol diversion program, the offender would be given the choice to petition the mayor to clear his or her criminal record.

This bill was submitted to the city council on Sunday to be made permanent. But council member Phil Mendelson introduced an amendment removing all criminal consequences.

“There is no reason to criminalize – arrest – a young adult holding a can of beer in his backyard,” endelson said in a written statement. “If he’s underage, he can be fined and lose his driving license. But don’t label it a criminal misdemeanor.”

The amendment passed 11-1 with one council member absent.

“There is no need to arrest and criminalize students,” GUSA Vice President Luis Torres (COL ’05) said. “We should focus our energies on raising awareness about how to go about drinking safely and confronting alcohol from an educational perspective. I think this policy change is a great idea because such policies should not be primarily formulated to punish, but to educate as well.”

The purchase or attempted purchase of alcohol with or without false identification remains prosecutable either criminally or civilly in D.C.

In such cases, the offender may be arrested but must be offered the choice to participate in an alcohol diversion program before facing a judge.

Maryland has also decriminalized underage possession and consumption of alcohol. But in neighboring Virginia all underage alcohol citations are considered criminal offenses.