Illegal Transportation

Does anyone have a comprehensive list of states that prohibit the transportation of homebrew?

In Utah, you are technically limited to transporting 72 ounces or less at a time: http://www.homebrewersassociation.org/pages/government-affairs/statutes/utah . YMMV.

Missisippi...where it's illegal for us to do anything fun beer related.

No...but I am one of the few people that has gotten an "illegal transportation of alcohol" charge in this state. It was however when I was a minor... :cross:

Wow, never really thought about this... I brought 7 cases or so with me all the way from Colorado to Maine when I moved here. Probably a good thing the cop that pulled me over didn't ask what was in the back of the Uhaul. "Guns and beer mostly, officer". Sorry, can't help with your question!

GrantH said:

Missisippi...where it's illegal for us to do anything fun beer related.

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I dare you to back that up with an actual statute.

I've read a good bit of the MS Code and have never seen homebrewing explicitly labeled as illegel. I've even seen where the "Tax Commissioner"... or whatever his title is... is exlicitly allowed to keep homebrew and wine for himself... just so long as it's not "for sale".

grndslm said:

I dare you to back that up with an actual statute

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"MISSISSIPPI CODE OF 1972
As Amended

Title 67
Chapter 001

SEC. 67-1-9. Alcoholic beverages prohibited except as authorized in this chapter; penalties.

(1) It shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter."

All they allow is home wine making and it never mentions homebrewing, therefore it is not an exception to MS law. Aside from that, the MS gov't website explicitly states that it's illegal to home brew beer. http://www.dor.ms.gov/info/faqs/TobaccoBeerandAlcohol.html#v "Mississippi law does not allow someone to make beer or other malt products". A statement like that (on a gov't website) is generally backed by written law. In this case, it appears that it is.

In a related matter, it appears you can't transport it either.

What's up with MS? They need to get with the times. Such a beautiful state, but that alone will keep me out. I was actually considering a job in Biloxi.

I think I did read somewhere where they did raise the allowable alc %, or something.

"There are currently 36 counties in Mississippi that are dry for beer and light wine sales. Within these 36 counties, there are numerous municipalities that are wet for beer sales."

A great friend of mine (also a homebrewer) is an investigator for the local sheriffs office. He checked out Tennessee law regarding transportation of beer. You can only legally transport 5 gallons of beer at a time. I brew at my parents cabin (water is way better) and I transport the carboy/bucket to my house for fermenting. I usually ferment 5.5 gallons. I can get around the laws by not pitching yeast till I get home. Its not beer yet, its just flavored water. He said that's perfectly legal. Just make sure you can articulate that if you do get stopped.

Kind of a silly/outdated law as if your a bmc drinker and your headed to the river for the weekend. You could easily have 3-4 cases of beer in your vehicle. Im sure most officers wouldn't give you any hassle as 95% of the officers I know will have a beer or two. Also, im sure most of them are unaware of how much beer can be transported off the top of their heads.

So if you get stopped transporting maybe 10 or 15 gallons just tell them you are a homebrewer and your bringing it to a function/wedding/wherever. Im sure they wont care and may even ask about your hobby.

Cheers!

Nukinfuts said:

What's up with MS? They need to get with the times. Such a beautiful state, but that alone will keep me out. I was actually considering a job in Biloxi.

I think I did read somewhere where they did raise the allowable alc %, or something.

"There are currently 36 counties in Mississippi that are dry for beer and light wine sales. Within these 36 counties, there are numerous municipalities that are wet for beer sales."

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As fellows from New Orleans, it generally blows our minds when other places are strict about alcohol, eh?

it's currently illegal in Wisconsin.

until Monday, that is.

GrantH said:

Missisippi...where it's illegal for us to do anything fun beer related.

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I was driving from Ga to Ks to hunt, and while passing through Ms at 2 in the morning we were stopped at a road block. Needless to say the truck was packed with home brew and rifles. And from information I got from this site I was a little nervous.

That's when the trooper asked what we were doing and we told him we were hunting. He immediately wished us good luck and sent us on our way. "deep sigh of relief"

Depends on your definition of Transportation.

In Massachussets, its illegal to ship alcohol. Period. The USPS has a national law/rule against it, but technically you can't ship via UPS or FedEx within the Commonwealth. A law I broke last week when I shipped to the NHC.

Its technically illegal to buy booze in New Hampshire and transport it to Massachussets, despite the fact everyone does it.

I also thought there was a carry limit in your car. I was always under the impression you could have a max of 1 keg in your car, without some kind of distribution license. So brining 30 - 30 packs from NH to MA may be frowned upon. (It is also tough on your shocks if you have an older car)

This is something I have never bothered to even be concerned with. I might do a little more research in my AO, but I'm still not really concerned about it. Last September for my wedding I had 4 cases of homebrew, 6 cases of SA Oktoberfest, a dozen college cases of BMC and two half barrels of Lite in the back of my truck and that doesn't include the wine and hard stuff. That was in Indiana and a dry county in Kentucky.

How does the police officer or DA prove that it is homebrew? Lack of labels?

drathbone said:

"MISSISSIPPI CODE OF 1972
As Amended

Title 67
Chapter 001

SEC. 67-1-9. Alcoholic beverages prohibited except as authorized in this chapter; penalties.

(1) It shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter."

All they allow is home wine making and it never mentions homebrewing, therefore it is not an exception to MS law. Aside from that, the MS gov't website explicitly states that it's illegal to home brew beer. http://www.dor.ms.gov/info/faqs/TobaccoBeerandAlcohol.html#v "Mississippi law does not allow someone to make beer or other malt products". A statement like that (on a gov't website) is generally backed by written law. In this case, it appears that it is.

In a related matter, it appears you can't transport it either.

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Hmm... I forgot I posted here. Challenge accepted!!!

What's funny is that beer isn't authorized anywhere in that chapter, yet we transport, store, and sell beer every day. We ALSO have our own brewery now -- Lazy Magnolia (which I'm sure you New Orleanians have heard of) -- and I think another one or two that just popped up. Beer & wine are authorized in the next chapter!!

Here's some statutes that I'll whip out for fun....

http://www.mscode.com/free/statutes/67/001/0025.htm

SEC. 67-1-25. Qualifications of personnel.

....

This section shall not prevent any person appointed or employed by the commission from purchasing and keeping in his possession for the use of himself or members of his family or guests any alcoholic liquor which may be purchased or kept by any other person by virtue of this chapter.

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(^^ That's the one I was referencing earlier... but upon second look, I don't think it says what I once thought it said.)

http://www.mscode.com/free/statutes/67/003/0001.htm

SEC. 67-3-1. Declaration of purpose.

The purpose of this chapter is to legalize the manufacture and sale within this state of light wines and beer of an alcoholic content of not more than four per centum by weight, and to regulate the business of manufacturing and of selling such liquors so as to prevent the illicit manufacture, sale, and consumption of liquors having an alcoholic content of more than four per centum by weight, the manufacture and sale of which it is not the purpose of this chapter to legalize.

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http://www.mscode.com/free/statutes/67/003/0005.htm

SEC. 67-3-5. Light wines and beer legalized.

It shall be lawful, subject to the provisions set forth in this chapter, in this state to transport, store, sell, distribute, possess, receive, and/or manufacture wine and beer of an alcoholic content of not more than four per centum (4%) by weight, and it is hereby declared that it is the legislative intent that this chapter privileges the lawful sale and manufacture, within this state, of such light wines and beer. In determining if a wine product is "light wine," or contains an alcoholic content of more than four percent (4%) by weight, or is not an "alcoholic beverage" as defined in the Local Option Alcoholic Beverage Control Law, Chapter 1 of Title 67, Mississippi Code of 1972, the alcoholic content of such wine product shall be subject to the same permitted tolerance as is allowed by the labeling requirements for light wine provided for in Section 27-71-509.

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http://www.mscode.com/free/statutes/67/003/0067.htm

SEC. 67-3-67. Transportation of light wines and beer not to be interfered with.

No county or any officer or agent thereof, nor any other officer, agent, or person, shall interfere with or impede the passage through such county of any light wine or beer moving in accordance with the provisions of this chapter and the provisions of 27-71-16 and which in transit to or from any county of this state wherein the traffic in light wines and beer is not prohibited, any county prohibition of such traffic to the contrary notwithstanding.

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http://www.mscode.com/free/statutes/67/009/0001.htm

SEC. 67-9-1. Transportation and possession of alcoholic beverages, light wine and beer by person holding an alcohol processing permit

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972, it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the State Tax Commission. The authority to transport and possess alcoholic beverages, light wine and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine and beer otherwise is prohibited.

The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine or beer may be sold or consumed.

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Does that mean anyone without a permit cannot transport beer after they purchase it and it becomes their personal property?? Of course not. These statutes are written with a certain jurisdiction in mind. The jurisdiction is over those who are engaging in COMMERCE, as well as anyone who wants to voluntarily make themselves a citizen (aka: subject) of statutory law. I stick to constitutional law, where I can do anything I damn well please, so long as I do not cause damage of any kind (to any being, property, or even by breaking the terms of any contractual obligation I agreed to).


And as for that Department of Revenue link that states...

"Mississippi law does not allow someone to make beer or other malt products; and the law does not allow someone to make intoxicating or spirituous liquors."

... I'd like to add, most importantly, that... "Mississippi law neither denies someone to make beer or other malt products; and the law neither denies someone to make intoxicating or spirituous liquors."

It's just a word game to let YOUR mind make false presumptions (aka: smoke & mirrors). This is similar to 45-9-101(18), which states: "Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972." Yet, no section denies my right to carry, openly, an unconcealed "deadly weapon". Why? Because such a statute would be unconstitutional ("The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons."). Definitely going off topic here, but just trying to prove my point.

Nukinfuts said:

What's up with MS? They need to get with the times. Such a beautiful state, but that alone will keep me out. I was actually considering a job in Biloxi.

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It's great here. I prefer a state that makes no laws, or at least "deceiving" laws that have no real bite... than to, say, Cali or NY!!

Something that you might find intersting, Mr. Futs, and just so happens to be on topic... is that Mississippi is the ONLY state in the Union where one can legally drink and drive, provided that s/he is not over the legal limit of 0.08% BAC [and isn't in a dry city or county]. I take pride in that. The catch is that, if the cop suckers you into stepping out of the vehicle, he can arrest you for public intox w/out any blood/breath/field sobriety test of ANY kind!! If you want to play the game of law, you have to know the ins and outs. Mississippi Constitution provides that my right to carry a weapon for self-defense shall not be called into question but the legislature may regulate concealed carry, yet even if I were to carry a gun on a belt clip or a clear holster, a cop is going to question me and ask for a permit. They do that because they presume I don't know the law. That's their main move in the game -- steamrolling.

Nukinfuts said:

I think I did read somewhere where they did raise the allowable alc %, or something.

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Passed both Senate and House with flying colors, and should be signed by the Governor within the next week. The bill raises the limit from 5% ABW to 8% ABW (not sure why the above statute says 4% ABW is the current limit, tho, because it's definitely 5% right now). 8% ABW supposedly translates to just over 10% ABV. I've seen a few different equations to convert between the two, but I'm not sure which one to trust.

Nukinfuts said:

"There are currently 36 counties in Mississippi that are dry for beer and light wine sales. Within these 36 counties, there are numerous municipalities that are wet for beer sales."

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Now that's just silly.

Phunhog said:

How does the police officer or DA prove that it is homebrew? Lack of labels?

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It would be virtually impossible to prove without you inviting them in to videotape you in the act.

If you live in MS, and don't remove labels for homebrew....

I guess the cap would be different, but to the untrained eye hard to tell...

This whole thing seems to be like those stupid laws like donkeys can't sleep in bathtubs. On the books, hard to enforce, and even when they could...would they really want to?

You'll be busted if you're drunk while driving, that's about it. Most cops probably don't know the laws and/or don't want to deal with the hassles.

GrantH said:

Missisippi...where it's illegal for us to do anything fun beer related.

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Except drinking while driving...legal there if below the .08 limit.