Homebrewing Legality by State

Updated: 9/95
United States Federal Government
Status: Permitted, subject to age restriction and amount (gallonage).

Statute:
United States Code Title 26, Subtitle E, Chapter 51, Subchapter A, Part I, Subpart D, § 5053 provides an exemption to the code permitting the production of beer for personal or family use. § 5052 provides a definition for beer (see applicable statutory material).

Discussion:
The 1978 amendment to § 5053 added subsection (e) thus federally recognizing the home production of beer. Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]). However, section 2 of Amendment XXI and state police power gives states the authority to regulate the production, transportation and possession of intoxicating liquors. Therefore the home production of beer is recognized by federal statute so long as such production is not in violation of state law.

Special Provisions:
N/A

Alcohol Beverage Control Agency:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Ave.
Washington, DC 20226
(202) 927-8700

Applicable Statutory Material:
§ 5052 DEFINITIONS

(a) Beer.--For purposes of this chapter (except when used with reference to distilling or distilling material) the term "beer" means beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore.

§ 5053 EXEMPTIONS

(e) Beer for personal or family use.--Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed--

(1) 200 gallons per calendar year if there are 2 or more adults in such household, or

(2) 100 gallons per calendar year if there is only 1 adult in such household.

For purposes of this subsection, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.

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125.02 Definitions. Except as otherwise provided, in this
chapter:...

(6) “Fermented malt beverages” means any beverage made by
the alcohol fermentation of an infusion in potable water of barley
malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar containing 0.5% or more of
alcohol by volume.

(22) “Wine” means products obtained from the normal alcohol
fermentation of the juice or must of sound, ripe grapes, other
fruits or other agricultural products, imitation wine, compounds
sold as wine, vermouth, cider, perry, mead and sake, if such products
contain not less than 0.5 percent nor more than 21 percent of
alcohol by volume.

§125.06 License and permit exceptions. No license or permit
is required under this chapter for:

(3) HOMEMADE WINE OR FERMENTED MALT BEVERAGES. The
manufacture of wine or fermented malt beverages of any alcoholic
content by any person at his or her home, farm or place of residence
if the wine or fermented malt beverages is to be consumed
by that person or his or her family and guests, and if the person
manufacturing the wine or fermented malt beverages receives no
compensation.

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Updated: 3/08
State: Michigan
Status: Permitted

Statute:
Michigan Compiled Laws Chapter 436, Act 58 of 1998, Chapter 2, Section 436.1207, creates an exception to the Michigan Liquor Control Code for home manufacture of beer, wine, mead, honey-based beer, or cider and allows for gifting of such beverages of up-to 20 gallons per year.

State Alcohol Beverage Control Agency: Michigan Liquor Control Commission DLEG - Liquor Control Commission

Applicable Statutory Material:
436.1207 Exceptions to act.

(b) Beer, wine, mead, honey-based beer, or cider of any alcoholic content made on the premises by the owner or lessee of those premises provided those premises are used and occupied by that owner or lessee as a dwelling and the beer, wine, mead, honey-based beer, or cider is made for family use and home consumption.

(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).

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Boerderij_Kabouter said:

Wow... I just spent a long time researching stuff and never found that..... don't I feel dumb. Oh well, maybe it would be good to have our own list anyway.

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SUBCHAPTER B. HOME PRODUCTION OF WINE, ALE,
MALT LIQUOR, OR BEER
Sec. 109.21. HOME PRODUCTION OF WINE, ALE, MALT LIQUOR, OR BEER. (a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons of wine, ale, malt liquor, or beer, per year. No license or permit is required.
(b) The commission may prohibit the use of any ingredient it finds detrimental to health or susceptible of use to evade this code. Only wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits may be produced under this section. Only ale, malt liquor, or beer made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals, may be produced under this section. The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, fortified, or otherwise altered to increase its alcohol content.
(c) There is no annual state fee for beverages produced in compliance with this section.
Sec. 109.22. DELIVERY OF HOME-PRODUCED WINE, ALE, MALT LIQUOR, OR BEER FOR CERTAIN PURPOSES. (a) This section applies only to a person who is authorized under Section 109.21(a) to produce wine, ale, malt liquor, or beer.
(b)
For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:
(1)
no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and
(2) the commission consents in writing to the delivery.
(c)
Nothing in this section shall be construed to authorize an increase in the quantity of wine, ale, malt liquor, or beer authorized to be produced by a person under the authority of Section 109.21(a) of this code.

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Revvy said:

It surprised me too on teh googelz, I wasn't even paying attention to WHERE the link was taking me, and it was a surprising when I noticed the familiar brown beertown backdrop on the page.

Here's the link...there's a drop down to select states.

Legalization / Laws for Homebrewing

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32A-8-101. Commission's power to grant licenses -- Limitations -- Exceptions.
(6) (a) As used in this Subsection (6), "fermented alcoholic beverage" means:

(i) beer;
(ii) heavy beer; or
(iii) wine.​

(b) An individual may without being licensed under this chapter manufacture in the
individual's personal residence a fermented alcoholic beverage if:

(i) the individual is 21 years of age or older;
(ii) the individual manufactures no more than:​

(A) 100 gallons in a calendar year, if there is one individual that is 21 years of age or older residing in the household; or
(B) 200 gallons in a calendar year, if there are two or more individuals who are 21 years of age or older residing in the household;​

(iii) the fermented alcoholic beverage is manufactured and used for personal or family use and consumption, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality; and
(iv) the fermented alcoholic beverage is not for:​

(A) sale or offering for sale; or
(B) consumption on a premise licensed by the commission.​

(c) An individual may store a fermented alcoholic beverage manufactured as provided in Subsection (6)(b) in the individual's personal residence.
(d) A fermented alcoholic beverage manufactured in accordance with Subsection (6)(b) may be removed from the premises where it is manufactured:

(i) for personal or family use, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality;
(ii) if the fermented alcoholic beverage is transported in compliance with Section 41-6a-526; and
(iii) if the fermented alcoholic beverage is removed only in the following quantities:​

(A) for personal and family use that is unrelated to an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be possessed at one time is:​

(I) one liter of wine for each individual who is 21 years of age or older residing in the household;
(II) 72 ounces of heavy beer for each individual who is 21 years of age or older residing in the household; or
(III) 72 ounces of beer for each individual who is 21 years of age or older residing in the household; and​

(B) for on-premise consumption at an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be removed for each organized event is:​

(I) one liter of wine for each wine category in which the individual enters, except that the individual may not remove wine for more than three categories for the same organized event;
(II) 72 ounces of heavy beer for each heavy beer category in which the individual enters, except that the individual may not remove heavy beer for more than three categories for the same organized event; or
(III) 72 ounces of beer for each beer category in which the individual enters, except that the individual may not remove beer for more than three categories for the same organized event.​

(e) A partnership, corporation, or association may not manufacture a fermented alcoholic beverage under this Subsection (6) for personal or family use and consumption without obtaining a license under this chapter, except that an individual who operates a brewery under this chapter as an individual owner or in partnership with others, may remove beer from the brewery for personal or family use in the amounts described in Subsection (6)(b)(ii).

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deepsouth said:

mississippi..... first in teen pregnancy, last in education...

and probably will be the last to change arcaic beer laws.



Legal Status of Homebrewing in Mississippi


Legal Status of Homebrewing in Mississippi

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.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.

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jgln said:

That is because dem wine drinkers are suffistocated and edumicated and beer drinkers are dum troubill makers.

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deepsouth said:

:rockin:

you must have visited here!

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deepsouth said:

:rockin:

you must have visited here!

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jgln said:

Maybe they think we beer drinkers are too dumb to do it without hurting ourselves. It's for your own good you know.

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GilaMinumBeer said:

Betcha' sippi' get legal before Okies do! Cause ya know, Jebus drank the wine not the beer. So, that makes wine alright.

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i dunno. it's a sad race though.

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Updated: 9/95
State: North Dakota
Status: Permitted

Statute:
North Dakota Title 5, Chapter 5-01, § 5-01-04 permits the manufacture of malt beverages and wine for personal or family use.

Discussion:
Section 5-01-04 provides an exception to title 5 that allows the home production of beer subject to federal limits on quantity produced.

Special Provisions:
N/A

State Alcohol Beverage Control Agency:
Office of State Treasurer
Capitol Building, 3rd Floor
600 East Boulevard Ave.
Bismark, ND 58505-0600
(701) 328-2643
FAX (701) 328-3002

Applicable Statutory Material:
§ 5-01-01. Definitions.

In this title:

1. "Alcohol" means neutral spirits distilled at or above one hundred ninety degrees proof, whether or not such product is subsequently reduced, for nonindustrial use.

2. "Alcoholic beverages" means any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

3. "Beer" means any malt beverage containing more than one-half of one percent of alcohol by volume.

4. "Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.

5. "Licensed premises" means the premises on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.

6. "Liquor" means any alcoholic beverage except beer.

7. "Microbrew pub" means a brewer that brews twenty-five or fewer barrels of beer per week and sells beer produced or manufactured on the premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer.

8. "Sparkling wine" means wine made effervescent with carbon dioxide.

9. "Wine" means the alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.

§ 5-01-02. Exceptions.

Nothing contained in this title may be construed to apply to the following articles, when they are unfit for beverage purposes:

1. Denatured alcohol produced and used pursuant to acts of Congress, and the regulations thereunder;

2. Patent, proprietary, medical, pharmaceutical, antiseptic, and toilet preparations;

3. Flavoring extracts, syrups, and food products;

4. Scientific, chemical, and industrial products; nor to the manufacture or sale of said articles containing alcohol. This title does not apply to wines delivered to priests, rabbis, and ministers for sacramental use.

§ 5-01-04. Manufacture of Alcoholic Beverages prohibited -- Exceptions.

A person may manufacture malt beverages and wine for personal or family use, and not for sale, without securing a license if the amount manufactured is within quantities allowed by the bureau of alcohol, tobacco, and firearms of the United States treasury department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the United States treasury department, is guilty of a class A misdemeanor and property used for same is subject to disposition by the court except that a person may establish a brewery for the manufacture of malt beverages or a distillery or other plant for the distilling, manufacturing, or processing of liquor within this state if he has secured a license from the state treasurer. Such license must be issued on a calendar-year basis with a fee of five hundred dollars. A first-time license fee may be reduced twenty-five percent for each full quarter of a year elapsed between the first day of the year for which the license is issued and the date on which the application for the license is filed with the state treasurer. Said license shall allow sale to only licensed wholesalers.

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