Home Brewing is illegal in Alabama??

WOW - get in the 19th century!!

Alabama Criminal Code 28-4-20

Right to Brew » Blog Archive » L.A. Times: Beer battle brewing in Alabama

And Utah, and Mississippi as well.....


Basic brewing had a nice piece on it.

October 30, 2008 - Brewing Against the Grain
We talk to home brewers Vickie Watson and Ken Dollar from Mississippi, where home brewing is illegal. We also talk to Mazen Hajjar, owner of the first brewpub in Beirut, Lebanon: 961 Beer

Click to Listen.

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Oklahoma too.

Title 37:

"...up to 100 gallons per Adult, 2 adult maximum, per household of wine or cider for personal consumption....."

Yadda, Yadda, kiss my blankity blank.

IIRC, Able regulates high point. Local health departments regulate low point and in my area the local health cares nothing about personal consumption.

So, all my recipes show my 1.060 and higher SG to have fermented out very lowly.

That's crazy weird. Is America backward enough?

BTW - Revvy - I se Michigan was the 1st state to ratify the constitution, Wisconsin was #2

All the more reason to join AHA.

The fact that there are homebrew shops in states where homebrewing is deemed illegal always make me scratch my head. Listen to the podcast Revvy posted- it's very interesting.

flyangler18 said:

All the more reason to join AHA.

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I am a member. I don't think AHA knows Oklahoma exists.

Just my little PSA for the masses.

Grinder12000 said:

BTW - Revvy - I se Michigan was the 1st state to ratify the constitution, Wisconsin was #2

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Sorry for quibbling but.... Neither Michigan nor Wisconsin even existed when the Constitution was ratified between 1787 and 1790.

I will however offer a :rockin: to your states roles in ratifying the 21st Amendment since Nebraska never bothered to either ratify or reject it at all.

But we do have a few home brew shops in the state.

McKBrew said:

https://www.homebrewtalk.com/f14/homebrewing-illegal-alabama-65177/

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Thanks for posting that. Everyone reading this thread should go read that one too, and be sure to read the link posted by PseudoChef in the other thread. Here it is...

ABC Agent came to my house today

The fact that some laws on the book are seldom enforced should not induce you to become complacent. Government is force, never forget it.

What's the old saying, "What they don't know...."

Jps7117 said:

"What they don't know...."

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"....could kill them?"

Didn't Carter legalize homebrewing in 77 or there abouts? I didn't read the law in all its irregularities, but I never heard of any state being excluded. Maybe it's just me though. I think I'll have another homebrew.....

avidhomebrewer said:

Didn't Carter legalize homebrewing in 77 or there abouts? I didn't read the law in all its irregularities, but I never heard of any state being excluded. Maybe it's just me though. I think I'll have another homebrew.....

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It was legalized on the federal level, but some states had other ideas. Consider federal laws a minimum- states can always extend it further.

Jason

In a truly free society, how could home brew possibly be illegal?.....

Land of the fee, home of the slave.

flyangler18 said:

All the more reason to join AHA.

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+1

I've heard that the AHA is working to get Utah's homebrewing ban overturned. I'd imagine they're working on Alabama, Oklahoma and any other states where homebrewing is banned too.

Legalization / Laws for Homebrewing

AKbrewer said:

In a truly free society, how could home brew possibly be illegal?.....

Land of the fee, home of the slave.

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It couldn't be, and neither could distilling, or hiring a prostitute, or using drugs. There would be no forbidden words on broadcast television, no laws against gambling, no laws concerning public decency, or any other victimless "crime".

But of course, there are no free societies.

Well at least Florida isn't completely behind the times. Our state only restricts the gallonage (100gal for household with 1 person over 21, 200gal for a home with more than 1 person over 21) Can't sell it. And I'm not likely to be breaking the 200 limit anytime soon (though I admit now I have a goal to shoot for).

Nightbiker said:

Well at least Florida isn't completely behind the times. Our state only restricts the gallonage (100gal for household with 1 person over 21, 200gal for a home with more than 1 person over 21) Can't sell it. And I'm not likely to be breaking the 200 limit anytime soon (though I admit now I have a goal to shoot for).

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Yeah, but that is the federal limit, IIRC. And, you cna only give away a certain amount as well.

The stupidity of this country never fails to surprise me. Making your own beer is illegal in one state, smoking a cigarette in your own home is illegal in another.

The people in this country are always ranting and raving about freedom, but no one really seems to understand what that word means. Way too many groups here that just won't let up until they take someone else's rights away.

When I first started brewing here in GA it was still illegal (early 90's). I remember going to BYOB, "Bake Your Own Bread", a local shop that just happened to sell supplies that could be used for brewing...

Not only is home brewing illegal here, but we also have an alcohol restriction on beers to 6%. Any beer with an alcohol content over 6% is illegal. Since most speciality beer makers have at least one if not all of their offerings in that range, we don't have a lot to choose from.......

So..... We are forced to home brew because we can't buy any decent beers here, but it's illegal. WTF??!?!

A great example in my state. We can't buy liquor or wine on sundays. Bars can serve them off sale though. A couple years back, New Years fell on a sunday, so they changed the law for that year only. Talk about grade A nonsense....

Aubie Stout said:

Not only is home brewing illegal here, but we also have an alcohol restriction on beers to 6%. Any beer with an alcohol content over 6% is illegal. Since most speciality beer makers have at least one if not all of their offerings in that range, we don't have a lot to choose from.......

So..... We are forced to home brew because we can't buy any decent beers here, but it's illegal. WTF??!?!

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And don't forget there is also a bottle size restriction so we can not get beer in large bottles even if its below 6%.

Fadeux said:

The stupidity of this country never fails to surprise me. Making your own beer is illegal in one state, smoking a cigarette in your own home is illegal in another.

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Maybe that is stupid but federalism is the principal upon which the US was founded. Legislation is supposed to be largely left to the states. You are free as a legal resident to live in any state you choose.

...because the Founders feared that a large government was more likely to restrict liberties than a small one. (Un)fortunately, the result is that one state can restrict a liberty while another one allows it.

The major limit being the Constitution, of course. Not that anyone can agree on what THAT means...

billtzk said:

It couldn't be, and neither could distilling, or hiring a prostitute, or using drugs. There would be no forbidden words on broadcast television, no laws against gambling, no laws concerning public decency, or any other victimless "crime".

But of course, there are no free societies.

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They don't get the press - but the 9th & 10th ammendments are worth knowing ( even if not actually allowed to live by them )

Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment – Powers of states and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

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Just to clarify since Utah has been mentioned on here. Home Brewing is not technically illegal as there is no state law that says it is illegal. However there is a licensing and taxation issue as the law does not distinguish between a brewery and a home brewer. The licensing and taxing of a home brewer has never been enforced though.

remilard said:

Maybe that is stupid but federalism is the principal upon which the US was founded. Legislation is supposed to be largely left to the states. You are free as a legal resident to live in any state you choose.

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Don't get me wrong, the less involved, in anything, the federal government is the better. In my state, it's just one of those ancient laws that no one really bothers to talk about. Everyone just kind of accepts it.

Kentucky is also illegal...unless you purchase a brewer license ($2500/year). There are no allowances for homebrew.

Took the time to listen to the podcast Revvy posted. Interesting how one HBC chose to trade beers publicly, and one didn't. The repercussions of being investigated by ABC seem like they could be pretty traumatic for some people like Scott Oberman, who risked losing his job and joint custody. I was watching a documentary on Alaska the other day, and one of the facts mentioned was that it is illegal to push a live moose out of a moving airplane. In my opinion the ban on home brewing law in Alabama is right up there in ridiculousness as the "trying to make a moose fly" law. My advice for the people on the ABC board is RDWHAHB.

brokenanchor said:

My advice for the people on the ABC board is RDWHAHB.

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I wish the ABC board in Utah would take that advice. Unfortunately this state is controlled by the mormon church, all of the members of the ABC board are non-drinking mormons.

Oh.. I thought you wrote Morons.

Ironically, church is the total reason that I've become involved in 'fermenting/home brewing' in the first place.

My studies of the scriptures have led me to understand that unfermented 'grape juice' is NOT what was used in the first century church.

It was alcoholic fermented WINE!!!

Without the use of refridgeration, or modern chemicals, which were NOT available in the first century,
an open container of grape juice, left alone at room temperature, can NOT be stopped from turning into WINE!!!

Sulfur, of course, was known, and available, and used...but, it was only used AFTER fermentation, for stabilization, to inhibit the alcohol in the wine from turning into vinegar!

I could rant about this for days, and days!

Today, it is THE churches, themselves, who are misinterpreting the scriptures, and thereby, teaching error, corrupting the communion service, A CRITICAL RITE, and causing their members to ERR!!!

It's bad enough that Alabama prohibits home brewing, but many of the DEVOUT church members in Alabama's counties continue to vote themselves DRY, punishing everyone ELSE in the whole county, and causing many to go to great effort and expense to get WINE, or to do without and SIN...yadda yadda yadda...!

1 Timothy 5 KJV
(23) Drink no longer water, but use a little wine for thy stomach's sake and thine often infirmities.

Pogo

I'm sorry!

I apologize!

You will now be returned to your regular station, and your normal programming will now be resumed...

I think at least once a week I hear, read, see or think of something that reminds me of why I left Alabama. Looks like this week is taken care of.

Nightbiker said:

Well at least Florida isn't completely behind the times. Our state only restricts the gallonage (100gal for household with 1 person over 21, 200gal for a home with more than 1 person over 21) Can't sell it. And I'm not likely to be breaking the 200 limit anytime soon (though I admit now I have a goal to shoot for).

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brewing 200 gal a year really isn't that hard. i've been doing this for a month, and i have 20 gallons already (10 bottled, 10 in primary)

Pogo said:

Today, it is THE churches, themselves, who are misinterpreting the scriptures, and thereby, teaching error, corrupting the communion service, A CRITICAL RITE, and causing their members to ERR!!!

It's bad enough that Alabama prohibits home brewing, but many of the DEVOUT church members in Alabama's counties continue to vote themselves DRY, punishing everyone ELSE in the whole county, and causing many to go to great effort and expense to get WINE, or to do without and SIN...yadda yadda yadda...!

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Yeah, I gave up on the church/religion thing a long long time ago. The vast majority of religious people I know don't actually follow the scriptures themselves, they just like to tell others what to do.

Christian said:

Just to clarify since Utah has been mentioned on here. Home Brewing is not technically illegal as there is no state law that says it is illegal. However there is a licensing and taxation issue as the law does not distinguish between a brewery and a home brewer. The licensing and taxing of a home brewer has never been enforced though.

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Oklahoma is similar. Title 37 specifically addresses the lagel home production of Wine and Cider but not specifially address Beer. By the mere act of exclusion it is determined Illeagal.

Other silly Ok but not so OK laws. Only 3.2%ABW allowed in grocer or c-stores shelves and MUST be stored cold however, High point beer can olny be sold at the liquor stores and is prohibited from cold storage. Bars can sell cold high point but must be consumed on premise.

Liquor store close at 9:00pm and on Sunday but bars can sell til 2:00am every day of the week. C-Stores cannot sell beer or coolers bewteen the hours of 2:00am and 8:00am however, Liquor stores can not open before 10:00am, IIRC. You have to be at least 21 to enter a liquor store but a 2 year old can walk the beer aisles at WalMart.

A brewer can manufacture high point beer in this state but can not sell on premise or direct. High point MUSt be sold through distribution or bought back from the distributor for on premise sales. Low point however, can be sold on premise.

Distillation is so prohibited in Oklahoma City on the commercial scale it practically illeagal. But, a company can buy prepared distilled spirits and dilute them for packaging.

I am sure there are more but they escape for now.

The AHA has no expressedplan to address the current status of Hb in Oklahoma as there just isn't enough support of the concept from people with important status. So, basically we will prolly be the last state to address the issue unless attempts in other states outright fail.

PoorBoy said:

brewing 200 gal a year really isn't that hard. i've been doing this for a month, and i have 20 gallons already (10 bottled, 10 in primary)

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True its not that hard if you want to shoot for it, but I don't brew just for the sake of brewing (the ingredients bill DOES add up, after all) -besides, SWMBO would be a little touchy if I started taking up ALL of the available living space just to store bottles... And keg-wise, I've only got about 30 gallons worth of space (though it WOULD be a good excuse to get more kegs.... )
In any case, I sincerely doubt Floridas' Law enforcement types are going to be monitoring my production (grin) -I think the main idea is just to keep me from selling the stuff without getting the proper licenses etc.