Mississippi Home Brew Bills Die AGAIN

Mississippi remains one of two states without legalized home brewing. Today 4 proposed home brew legalization bills died in committee without discussion for the 5th year in a row.

This is a year that was very friendly to beer over all. The beer business saw three of their must haves make it out of committee.

1) Increase in alcohol by weight allowance from 5-8%. This passed due pressure from Bud, Lazy Magnolia, and beer retailers.
2) Allow on site samples at breweries. This passed to help the states only brewery; Lazy Magnolia.
3) Allow breweries to brew beer above in state alcohol by weight maximum for out of state sales. This passed to help the states only brewery; Lazy Magnolia.

I love how the legislature took care of big business but could care less about the little guy.

I also love that the legislature is fine selling beer that is illegal in MS out of state. Too dangerous and immoral for the residents of MS, but, fine for the heathens in the other 49 states, if there is a dollar to be made.

PS. None of the 3 listed items above has completely passed. They all made it out of committee before the deadline. Why home brew wasn't worthy of discussion is beyond me.

Glad I don't live in Miss. I'd be doing 10 to life in Leakesville!

What is the other State which outlaws home brewing?

That would be my state of Alabama, which I'm crossing my fingers on our own legislation.

Alabama.

Although homebrewing is obviously important to me, I think the larger issue is that these two states are ok with being the only two out of 50 who restrict an obvious personal liberty with almost zero precedent for negative conduct in the other 48 states.

I see this as speaking volumes about the atmosphere down there. I'm glad I was able to check off these two states on my way down and back from the Hurricane Katrina relief efforts in 2005. If I wanted a visit back in time, I'd invent a time machine.

Airborneguy said:

I see this as speaking volumes about the atmosphere down there.

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Just to be clear the atmosphere is just fine down here. We just can't home brew, legally.

Damn, I can't believe it! I guess those are two states I wont be visiting. It took my state couple tries to legalize liquor sales in grocery stores and medical marijuana. Hang in there and join a local group that pushes this stiff through. I think people fear what they don't understand.

Can't brew in Destin, FL?

Add "political" before "atmosphere" to make it a little more clear. I'm not knocking the entire southern lifestyle (I was born in NC). But to say that religion doesn't dominate politics in the extreme south would be a flat lie. To me, that's close to reason #1 not to live in any given place.

I am lucky enough to have 2 homes. One in Starkville, MS and one in Destin, FL. I list Destin as my location since I can legally brew there. I spend 95% of my time in MS.

Our bill goes to committee tomorrow, let's keep our fingers crossed.

civil disobedience

The soundbites produced the last time Alabama discussed the issue were glorious. I wouldn't have believed those legislators were that ignorant if I hadn't heard it for myself.

Alabama serves to remind me that, as bad as Oklahoma's liquor laws are, it could be much worse. I suppose Miss can be added to that list.

Here is a sound bite from the Mississippi debate on raising the alcohol limit in beer.

[ame]http://youtu.be/GFfE5Y9dDEg[/ame]

Not as funny as good ole Alvin Holmes though.

http://t.co/gA1zOwcv

Alvin Holmes. I love that guy. He was elected. WTF.

http://northernbrewer.blogspot.com/2011/06/illegal-homebrewing-in-alabama.html

kehaar said:

I am lucky enough to have 2 homes. One in Starkville, MS and one in Destin, FL. I list Destin as my location since I can legally brew there. I spend 95% of my time in MS.

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Go Dawgs! Im a student here at State and uhh didn't know homebrewing was illegal in MS. Opps haha o well. Total BS.

I was *this* close to moving to Alabama, so I totally feel for you guys and gals who are still fighting to get homebrewing legalized. Here's hoping times change sooner rather than later. This kind of backwards nonsense has no place in 2012.

Did you guys call your legislators? If you wanna legalize it you gotta let them know. Just call it a jobs creation bill, how can they say no?

Amazed that Budweiser put some effort (and $$$) behind this and still failed. I thought Bud ruled everything under the sun?

Evorgrah said:

Go Dawgs! Im a student here at State and uhh didn't know homebrewing was illegal in MS. Opps haha o well. Total BS.

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I know an area police officer who brews. No worries. I hope.

tgmartin000 said:

Did you guys call your legislators? If you wanna legalize it you gotta let them know. Just call it a jobs creation bill, how can they say no?

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What?! Gosh darn. I knew we forgot sumtin, Bubba.

Airborneguy said:

Can't brew in Destin, FL?

Add "political" before "atmosphere" to make it a little more clear. I'm not knocking the entire southern lifestyle (I was born in NC). But to say that religion doesn't dominate politics in the extreme south would be a flat lie. To me, that's close to reason #1 not to live in any given place.

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Bingo.

scrambledegg81 said:

Amazed that Budweiser put some effort (and $$$) behind this and still failed. I thought Bud ruled everything under the sun?

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AB did not in any way put effort or $$$ behind the homebrew bill. They did support the ABW bills.

I wouldn't say the bill failing to make it out of committee is because of religious beliefs. The South, especially the deep South, has a culture that is incredibly resistant to change especially when it's seen from coming from outside sources. It doesn't matter if that change is positive.

msbrewblog said:

AB did not in any way put effort or $$$ behind the homebrew bill. They did support the ABW bills.

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What about Lazy Magnolia? Did they help us? Seems like they were especially well favored by the MS legislature.

passedpawn said:

http://northernbrewer.blogspot.com/2011/06/illegal-homebrewing-in-alabama.html

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I should be completely shocked that this is what we have in the way of an educated government. I should be, but I'm not.

TheEndlessObsession said:

I was *this* close to moving to Alabama, so I totally feel for you guys and gals who are still fighting to get homebrewing legalized. Here's hoping times change sooner rather than later. This kind of backwards nonsense has no place in 2012.

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I contacted my representatives and let them know I'd would remember how they voted on these bills on election day.

kehaar said:

What about Lazy Magnolia? Did they help us? Seems like they were especially well favored by the MS legislature.

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Lazy Magnolia is a sponsor of Raise Your Pints, and yes they do support the homebrew bill

It's a crying shame that our system of government works.

When the people of Alabama and Mississippi vote in representatives who support Homebrewing, then you might get homebrewing.

My guess is that there is a great portion of the population who do not support it, and an ever greater number who don't care about it, or feel that the Gov. should not be wasting their time and money on such a bill.

If you want homebrewing, you have to work for it. Call reps, set up informationals so people might *really* understand the culture (because I firmly believe most do not.)

The bottom line is that even though we all understand how the benefits of homebrewing vastly outweigh the negatives, most people who don't brew have a skewed understanding of it, or are simply against ANY form of drinking.

If'in I lived down there I'd still brew. F'em. I am not encouraging you to break the law, but I know many people brew regardless. They just don't advertise it. The local law doesn't give a rats ass.

Homercidal said:

My guess is that there is a great portion of the population who do not support it, and an ever greater number who don't care about it, or feel that the Gov. should not be wasting their time and money on such a bill.

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It seems unfair that in order to legally enjoy a hobby that harms no one you have to organize a gigantic political effort. That's a burden not placed on pretty much any other hobby in this country.

It's not like the national scrapbookers association needs to fight to make scrapbooking legal in Maine or something, everyone would agree that such a law would be asinine right?

It sound like the people of MS need a firm lesson in MYOB.

I wasn't as concerned over the homebrew bill as the ABW bill. The ABC has stated they are not concerned with homebrewing. We have lots of brewers in the state, and had at least 3 homebrew competitions last year. One competition (The Keg and Barrels's Outlaw competition) was the second year in row for it, and had around 100 beers entered I believe. If the law enforcement was really concerned about homebrewing, it wouldn't be hard to find the homebrewers.

Also I don't think there is a law in MS that outlaws homebrewing, but there also isn't one making it legal. It would be nice for it to be 100% legit, but I will be happy enough this year if the ABW bill passes.

eagle83 said:

I wasn't as concerned over the homebrew bill as the ABW bill. The ABC has stated they are not concerned with homebrewing. We have lots of brewers in the state, and had at least 3 homebrew competitions last year. One competition (The Keg and Barrels's Outlaw competition) was the second year in row for it, and had around 100 beers entered I believe. If the law enforcement was really concerned about homebrewing, it wouldn't be hard to find the homebrewers.

Also I don't think there is a law in MS that outlaws homebrewing, but there also isn't one making it legal. It would be nice for it to be 100% legit, but I will be happy enough this year if the ABW bill passes.

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It is expressly illegal to brew without a license.

MISSISSIPPI CODE of 1972
Miss. Code Ann. § 67-3-15

Permit and/or license required

Any person who shall brew or manufacture or sell any beer or light wine without first having secured a permit and/or license from the commissioner authorizing the brewing or manufacture or sale of such liquor, shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment in the county jail for not more than one (1) year, or both, in the discretion of the court. Any person so convicted may not apply for any permit or license issued by the commissioner until five (5) years have elapsed from the date of such conviction.

http://www.lexisnexis.com/hottopics/mscode/

eagle83 said:

The ABC has stated they are not concerned with homebrewing.

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The ABC enforces alcoholic beverage laws. MS defines alcoholic beverage as wine with ABW > 5% and spirits. Beer is not an alcoholic beverage and therefore not enforced by the ABC.

However, beer and light wine laws are intended to be enforced by your local authorities (namely your county district attorney and local law enforcement).

I don't like not knowing where my local DA stands on the issue. I would rather have a law that expressly makes home brewing legal. Wine makers have a law in MS. Home brewers should have the same.

msbrewblog said:

Lazy Magnolia is a sponsor of Raise Your Pints, and yes they do support the homebrew bill

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I asked this because of an article on your blog (you are msbrew.com??) titled "Lazy Magnolia Brewery Breaks Silence On Beer Bill". The head line implies Lazy Magnolia may have been holding back on taking a position. Also the body of the article doesn't discuss home brew at all, just ABW and the right to sell unlimited ABW out of state.

eagle83 said:

Also I don't think there is a law in MS that outlaws homebrewing, but there also isn't one making it legal. It would be nice for it to be 100% legit, but I will be happy enough this year if the ABW bill passes.

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In New York, we have a situation called "legal by omission". Basically, NY's alcohol laws are based on taxed and untaxed product. Since home brew is legally untaxed as per the Federal Law, the state doesn't have to legalize home brewing specifically. It actually works in our favor because as long as we follow other pertinent alcohol laws (namely open containers and not selling it), we can do just about anything else we want.

kehaar said:

I asked this because of an article on your blog (you are msbrew.com??) titled "Lazy Magnolia Brewery Breaks Silence On Beer Bill". The head line implies Lazy Magnolia may have been holding back on taking a position. Also the body of the article doesn't discuss home brew at all, just ABW and the right to sell unlimited ABW out of state.

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That's how WLOX worded the article and headline...not sure why they did it that way.
http://www.wlox.com/story/16976891/lazy-magnolia-brewery-breaks-silence-on-beer-bill

Airborneguy said:

In New York, we have a situation called "legal by omission". Basically, NY's alcohol laws are based on taxed and untaxed product. Since home brew is legally untaxed as per the Federal Law, the state doesn't have to legalize home brewing specifically. It actually works in our favor because as long as we follow other pertinent alcohol laws (namely open containers and not selling it), we can do just about anything else we want.

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Well if there's no state law about it (regardless of legal or illegal), the federal law applies. I think this is the case in most states...?

MC

That's our case here, but I don't know how many other states don't address it at all. NYS law doesn't mention homebrewing at all. Someone pointed out earlier in the thread that it is in fact mentioned and illegal to in Mississippi.

Are people actually prosecuted for homebrewing? I understand this is not the point...

Can citizens initiate ballot initiatives in MS? Put it on the ballot!