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Old 02-23-2006, 08:02 PM   #11
Walker
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Originally Posted by cowain
I'd fill out the application and pay them the $20, then sue their ass to get the law declared invalid.
States can individually make their own laws concerning production of alcoholic beverages. It might be legal on a federal level, but this does not prevent individual states from making laws to govern it... like requiring permits, or just flat out making it illegal in that state.

edit: the presence of a home brew shop in a state does not mean it's legal there. The homebrew shops are not producing or selling beer. They just sell the ingredients, and there is no law against that.

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Old 02-23-2006, 08:33 PM   #12
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I live in Olathe, KS.. Thanks for everyones input. I can't imagine ever brewing that much beer.

Has anyone on this forum come close to the limit? That would be interesting to find out.



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Old 02-23-2006, 08:36 PM   #13
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If you have a teenager in the house, just say that it's a Science Fair Experiment.

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Old 02-23-2006, 09:04 PM   #14
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Has anyone on this forum come close to the limit? That would be interesting to find out.
I'm sure I've gotten close to or exceeded 100 gallons a year at some point. (2 batches a month, every month, for the whole year == 120 gallons).

But, I always had more than one adult in the house, so I never got to the 200 gallon limit, I'm sure.

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Old 02-23-2006, 09:23 PM   #15
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Yeah,
Just don't have more than 100 or 200 (given your situation) stored and dated and noterized in your fridge wtihin the same year. If you start drinking it right away, they can never prove how much you brewed.

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Old 02-23-2006, 09:57 PM   #16
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Hmmm...one a month, five gallons or so per, 60 a year.

This won't do you any good if you get busted, but I think you would have to have invited a LOT of attention to yourself to get in trouble for brewing your own beer regardless of state laws.

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Old 02-24-2006, 03:57 PM   #17
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Quote:
Originally Posted by Walker
States can individually make their own laws concerning production of alcoholic beverages. It might be legal on a federal level, but this does not prevent individual states from making laws to govern it... like requiring permits, or just flat out making it illegal in that state.

edit: the presence of a home brew shop in a state does not mean it's legal there. The homebrew shops are not producing or selling beer. They just sell the ingredients, and there is no law against that.

-walker
I disagree. I haven't personally read the federal law governing homebrewing, but when state laws are inconsistent with federal laws, the state law is preempted and held invalid. See generally Arbitration and the Federal Arbitration Act, Abortion, etc.

Not knowing the text of the federal law, I'd say there is a possibility that states may somewhat regulate homebrewing, but there is no way they could ban it altogether.

You can also think of it in the opposite. Recently in Gonzales v. Raich the US Supreme Court invalidated state's medical marijuana law because it was inconsistent with the federal drug laws. The court also applied a very broad interpretation of the commerce clause power of Congress in doing so (aggregation principle), which I would try to apply in arguing a state couldn't try to regulate homebrewing within a state even if all of the goods came from within the state and therefore did not affect interstate commerce (which you wouldn't need to do since most likely the goods came from outside the state).

Sorry for the disertation. Stupid state laws piss me off sometimes. I'm thinking of filing suit against my state to invalidate our recently passed stupid keg registration law, so I'm all worked up on this stuff lately.
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Old 02-24-2006, 04:06 PM   #18
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Quote:
Originally Posted by cowain
I disagree. I haven't personally read the federal law governing homebrewing, but when state laws are inconsistent with federal laws, the state law is preempted and held invalid. See generally Arbitration and the Federal Arbitration Act, Abortion, etc.

Not knowing the text of the federal law, I'd say there is a possibility that states may somewhat regulate homebrewing, but there is no way they could ban it altogether.

You can also think of it in the opposite. Recently in Gonzales v. Raich the US Supreme Court invalidated state's medical marijuana law because it was inconsistent with the federal drug laws. The court also applied a very broad interpretation of the commerce clause power of Congress in doing so (aggregation principle), which I would try to apply in arguing a state couldn't try to regulate homebrewing within a state even if all of the goods came from within the state and therefore did not affect interstate commerce (which you wouldn't need to do since most likely the goods came from outside the state).

Sorry for the disertation. Stupid state laws piss me off sometimes. I'm thinking of filing suit against my state to invalidate our recently passed stupid keg registration law, so I'm all worked up on this stuff lately.
I agree with you cowain for the most part, but we're dealing with a slightly different issue here I think.

Laws typically make something ILLEGAL, and if something is ILLEGAL on a federal level, it is ILLEGAL in each and every state of the federation.

The federal law regarding homwbrewing simply says that the USA's Federal government does not declare homebrewing to be illegal.. it does not state the homebrewing is a basic civil right. It just says that the federal government doesn't have any problem with it. The states have the option of making it ILLEGAL if they want.

The medical pot law is different because it's the reverse situation. the feds have stated it is ILLEGAL, and that means it's illegal everywhere in the USA, the states can't go against the feds in that case.

Abortion is also different, because the supreme court rules that a woman as the RIGHT to have an abortion.

I'm not a lawyer, but this is how I understand things. I should probably read the law's text, but who the hell has time for that?

-walker
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Old 02-24-2006, 06:17 PM   #19
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http://www.beertown.org/homebrewing/legal.html

Look up your state's homebrew laws there.


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