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Old 08-09-2009, 12:22 AM   #1
BillPitts
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Default Mississippi Beer Brewing Laws??

Hi,
I was talking with some friends from out of state about how one can legally make wine for their personal use here in Mississippi but not beer. Sounds sort of off so I started Google-searching and found this article from The Deer Creek Pilot about the Lazy Magnolia Brewery in Kiln, Mississippi. Associate Editor Natalie Perkins writes that Matt McKiernan, the company’s marketing director says, “There is a longstanding belief that you can’t legally run a brewery in Mississippi, but they [the lawyers they were working with?] read the law themselves, and it’s just not there.” She goes on to say that the key’s not the brewing. It’s the selling . . . .

So what is the story here? I carefully looked over the Mississippi Codes concerning alcohol and there is indeed nothing THAT I COULD FIND stating that I cannot brew beer in my Mississippi home for my personal use.

Anyone care to comment?

Thanks,
Bill

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Old 08-09-2009, 12:30 AM   #2
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Quote:
Originally Posted by BillPitts View Post
Hi,
I was talking with some friends from out of state about how one can legally make wine for their personal use here in Mississippi but not beer. Sounds sort of off so I started Google-searching and found this article from The Deer Creek Pilot about the Lazy Magnolia Brewery in Kiln, Mississippi. Associate Editor Natalie Perkins writes that Matt McKiernan, the company’s marketing director says, “There is a longstanding belief that you can’t legally run a brewery in Mississippi, but they [the lawyers they were working with?] read the law themselves, and it’s just not there.” She goes on to say that the key’s not the brewing. It’s the selling . . . .

So what is the story here? I carefully looked over the Mississippi Codes concerning alcohol and there is indeed nothing THAT I COULD FIND stating that I cannot brew beer in my Mississippi home for my personal use.

Anyone care to comment?

Thanks,
Bill
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Old 08-09-2009, 12:40 AM   #3
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I guess the question is, can you purchase the grains and hops or the pre-hopped kits in MS? The "legal" answer to that will tell you if brewing is contrary to your laws.

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Old 08-09-2009, 01:07 AM   #4
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Updated: 9/95
State: Mississippi
Status: Not Statutorily Recognized

Statute:
Mississippi statute §67-3-11 provides for the home production of wine. Currently no such provision exists for the home manufacture of beer.

Discussion:
Individuals interested in having beer statutorily recognized in Mississippi should seek to have §67-3-11 amended to include the term "beer" or "malt beverage". Two recent attempts to allow the home production of beer have failed. See 1995 MS S.B. 2097 & 1995 MS H.B. 398.

Special Provisions:
N/A

State Alcohol Beverage Control Agency:
Alcoholic Beverage Commission
P.O. Box 540
Madison, MS 39130-0540
(601) 856-1301
FAX (314) 856-1300

Applicable Statutory Material:
§ 67-3-11. Homemade wine.

Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.

This is from Beertown.org. They have a listing by states of the applicable laws. Looks like Mississippi doesn't specifically prohibit beer, but does specifically allow wine. Grey areas are fun. As long as you can get it shipped to you, I say brew away.

Terje

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Old 08-09-2009, 01:12 AM   #5
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Just moved from Tupelo. Every where I read said homebrewing was still illegal. **** them. I did it on my front porch. I remember a cop doing circles one time in my neighborhood checking me out. I'm sure most cops don't know homebrewing's illegal.

Hey, if you're not going to allow the sale of great beer in MS (6% cap) then I'll make my own. That's why I got started in the first place.

Like I said ... **** em.

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Old 08-09-2009, 09:03 PM   #6
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Just tell them you added a grape to the recipe.

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Old 08-08-2011, 08:38 PM   #7
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check out www.raiseyourpints.org
it's an organization looking to change the ridiculous laws here in Mississippi.

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Old 08-08-2011, 08:51 PM   #8
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If you look at the regulations and statutes it does not make it illegal, but it does say that the rules and statute define what IS legal. Therefore, one could argue that if the law doesn't say homebrewing is legal then it is supposed to be illegal.

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Old 08-08-2011, 08:56 PM   #9
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If there's no law on the books against it, what are they going to charge you with?

I'd contact a local lawyer and ask for advise if you're concerned about it.

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Old 08-08-2011, 09:58 PM   #10
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Did it ever occur to you that you don't need permission from "the man" to give the middle finger to "the man"....

Brew Away..

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