Mississippi Beer Brewing Laws??

[boomtown25]

To go along with this argument, I have been in MS for 32 years now, have practiced law for 9 and brewed beer and wine for about 2 years- I'm not stopping, but would love to see it truly legalized as well as raise the abv somewhere in the neighborhood of around 10% at least. MS politics, law and the like have an inherent problem with making things so simple into something so complicated that a rocket scientist would not be able to decipher it with a Rosetta Stone. Can anyone cite a specific "legalization" law from another state (I'm thinking Oregon or Colorado because they worship craft and homebrew) that we could put forth to friendly legislatures in our Congress?

 

[Ricand]

Hahahaaa!! I just found the link someone referred to earlier on the legislature discussion of homebrewing in AL. This is classic and helps you understand how stupid these southern legislatures can be. Check it out .

 

[jamesampm]

wow thats some crazy back woods thinking!

what I would do? move away from Mississippi

 

[spacemaker]

@ Ricand, How much does BMC put out to get these votes? Follow the money! Berry Forte wants you to believe those kids were drinking home brew, when in reality someone bought a few kegs of B M or C and shared it along with there meth, pot and crack. What a joke that was.

 

[tick_daddy]

I hope my comments don't come off as being a "prick" but Reb Ale is available in more places then just Oxford (although that is definitely what it is about "Rebels"). And according to Miss Code Ann 67-3-5, Beer can only be 5% abv in MS. I invite someone to prove me wrong on this last part as I think it is idiotic and by no means am I more right than wrong most of the time.

Boomtown, the law is 5%ABW which translates to 6.3%ABV. Check out www.raiseyourpints.org for answers to all of the questions raised on this thread. Cheers!

 

[tick_daddy]

To go along with this argument, I have been in MS for 32 years now, have practiced law for 9 and brewed beer and wine for about 2 years- I'm not stopping, but would love to see it truly legalized as well as raise the abv somewhere in the neighborhood of around 10% at least. MS politics, law and the like have an inherent problem with making things so simple into something so complicated that a rocket scientist would not be able to decipher it with a Rosetta Stone. Can anyone cite a specific "legalization" law from another state (I'm thinking Oregon or Colorado because they worship craft and homebrew) that we could put forth to friendly legislatures in our Congress?

That's another thing I don't understand, Boomtown25, homebrewing was federally legalized in 1978. Why MS and AL felt the need to negate that is beyond me. Btw, how is your Amarillo IPA? Did you get the kit from Midwest?

 

[frydogbrews]

this is one of those archaic laws that they never got around to changing. same way gay sex is technically illegal in a whole bunch of states.
hey boomtown, how did that cucumber blonde turn out? i wanted to make one this year but never got around to it.

 

[Accidic]

Actually the gay sex thing was invalidated by the supreme court a few years back and is legal in all 50 states as I understand it.

And to get back on topic, it isn't always just the money down in MS/AL but often hypocritical "Righteousness" as well in some cases. It amazes me when "Thumpers" pick up the excess argument and twist it to mean NONE! Yet they completely ignore other entries on the subject... (This is what happened with my father's rep specifically as he's rather vocal about it.) Even when I lived there as a kid they used grape juice in place of wine at my church (catholic) as opposed to churches I've attended post moving that use actual wine. /shrug

 

[JeepDiver]

I lived there as a kid they used grape juice in place of wine at my church (catholic) as opposed to churches I've attended post moving that use actual wine. /shrug

Are you sure about that? While I have seen other denominations do it, I grew up Catholic, in MS, in a dry County/town and we still used wine for communion. I have never see a Catholic church use grape juice.

The Catholic church has no issue with alcohol consumption.

 

[frydogbrews]

some churches here in mo use grape juice for the kids who have gone through confirmation. doesn't really matter as communion wine tastes like crappy grape juice anyway.

 

[boomtown25]

Unfortunately, the Cucumber Honey Blonde was an EPIC failure. I think I go infected and to top it off, I carbonated with Cane sugar for the first time so I think I got my calculations wrong. It smelled terrible and was extremely cloudy when I bottled it. I gave it a week and was going to try it and opened 3 and had gushers. Besides that it smelled worse and I couldn't even bring myself to try it. I think I used too many cucumbers as well. I ended upo pouring them all (all gushers) for the bottles so I could bottle my next batch.

I'm still looking forward to the Amarillo IPA (bottled it yesterday). I also bought an extra oz of Amarillo that did not come with the kit to dry hop it. Smells great. It was the AG Midwest kit.

 

[Accidic]

Yeah, I'm 100% sure. I saw the container during regular mass. I've got family scattered in every SE state from.texas to florida and up a high as TN and been to mass at all of them and only noticed the wine thing at the church in AL. Is rather amusing as I've taken communion at several other denominational churches (admittedly before I was told it was a bad thing which I still consider arrogant self righteous bull****) and each used wine.

 

[YnkBlu]

Since when are good Mississippi and Alabama folk worrying about what the law thinks about brewing at home!

 

[boomtown25]

Since when are good Mississippi and Alabama folk worrying about what the law thinks about brewing at home!

No one said we were, we just like to try to appear "respectable" in the eyes of other law abiding folk!

 

[flyingtiger]

Since when are good Mississippi and Alabama folk worrying about what the law thinks about brewing at home!

Exactly, if it wasn't for "homebrew" there wouldn't be any NASCAR!

 

[puter]

Since when are good Mississippi and Alabama folk worrying about what the law thinks about brewing at home!

There's people that brew here?
*lookin' around*
Aint that against the law or sumtin'?

 

[BobTheAverage]

There are two homebrewing shops in alabama if i am not mistaken. Yes there are brewers in MS and Alabama. Tell people you brew and others who brew will pop out of the woodwork.

 

[Silverbullet]

They don't allow home brewing, but there is also a 6% ABV cap, which would be easy to go beyond with home brewing. The law sucks, but the law is the law. Do as you will, I am not saying to do it or not to do it, just way the pluses with the chances of getting caught and said consequences.

6% cap? I stockpile Pitch Black IPA when I can and buy that off the shelves. Bottle clearly says 6.5% ABV.
I've also spoken with several individuals that brew, or at one time brewed in the state, and they all swear you can brew, just not sell. Haven't bothered to look into it because I don't care.....

 

[JeepDiver]

As of July 1 it is 10% ABV, though that limit really has nothing to do HB being illegal

 

[tick_daddy]

6% cap? I stockpile Pitch Black IPA when I can and buy that off the shelves. Bottle clearly says 6.5% ABV.
I've also spoken with several individuals that brew, or at one time brewed in the state, and they all swear you can brew, just not sell. Haven't bothered to look into it because I don't care.....

As of July 1, the law has changed on ABV. You can now purchase beer at 8.2%ABW, which is about 10%ABV. Homebrewing is still technically illegal. Please visit Raise Your Pints for more information on Mississippi's retarded beer laws: http://www.raiseyourpints.com/

And, you should care about this state's laws because they're still forcing tax dollars out of state by making homebrewers buy ALL of their ingredients and equipment.

 

[TimpanogosSlim]

I feel sorry for people who can't live somewhere as progressive and cosmopolitan as Utah.

 

[gemniii]

I'm just retiring down to northeast Mississippi and am askance at the laws and LEO's here.
The property we bought is in a dry county. Not even O'douls. I've got 4 workshops, one is 30x60 and was used for a "party shed" by the previous owner, who at 1 time was a deputy sheriff. I've had to clean out probably 5 55gallon drums of beer and liquor bottles. People tell me how deputies used to close down the road in front of the house to only allow party traffic.

I've found out that the law seems to be regulated by the dominate churches. They maintain the voting booths and one lady told me that she had cast her paper ballot and actually saw the person collecting the ballot open it and change it, when she protested she was told "Tough".

Hopefully things will change, but I doubt it will be soon.

 

[rhogg]

If your freedom has not been limited by a law, then there is no limitation. They have to tell you that you cannot do it before it is illegal. If there is no law against it then there is no infraction. The law tells you what you can't do not what you can.

 

[JeepDiver]

Yeah tell that to the judge.

 

[TimpanogosSlim]

Yeah tell that to the judge.

Ok, is there any case history to provide precedent?

 

[iambeer]

cease and desist immediately. then, start again.

 

[evrose]

Yeah tell that to the judge.

If there is no law explicitly stating that an activity is illegal, and you said that you the judge, you'd win.

 

[JeepDiver]

If there is no law explicitly stating that an activity is illegal, and you said that you the judge, you'd win.

And if you go back and read my post one page one you will see the laws that make it illegal. Even an ARM chair lawyer can figure it out.

 

[TimpanogosSlim]

And if you go back and read my post one page one you will see the laws that make it illegal. Even an ARM chair lawyer can figure it out.

I don't see a post from you on the first page of this thread.

It's interesting that Utah is said to have only legalized home brewing in 2009. I could have sworn that it was legalized in the nineties, but maybe that legal change was just too vague?

Home brewing has been tolerated in Utah since at least the 60's. There has been an LHBS operating more or less continually in salt lake city since at least the late 80's, and it's proprietor tells me that at one point he had six competitors in the county.

So, there's "legal" and there's "Legal". I'm not saying it's only illegal if you get caught. I'm saying it's only illegal if you get convicted.

The "raise your pints" website makes no reference to any specific law that i can find.

I understand and support the efforts to make it explicitly legal, but we do not live in a country where all things not explicitly legal are automatically illegal.

The state of mississippi maintains a website with an alcohol law faq that states that brewing beer is illegal, but does not reference any law, and a search for the word "beer" in the online database of mississippi state code reveals that mississippi beer law appears to concern itself with the sale of beer and regulations on sellers of beer. Except for the prohibition on possessing beer within a dry county.

If you want to cowtow to the man that's your business, but it sort of appears that the state of mississippi has never bothered to charge anyone with a crime related to brewing beer at home for personal use. And there is probably a good reason why that is.

fwiw throwing one grape in doesn't wash - 67-5-5 says it has to be 51% mississippi grown fruit.

But surely you can understand the frustration of the situation - not that i ever plan to set foot in the state of mississippi, but if i were so unfortunate as to land there, it would be nice if one person could quote chapter and verse of a law that means that home brewing of beer is illegal. Or refer to one judicial ruling.

I do understand that at this point there are only two ways to get the state government to affirm that home brewing is legal. One is for them to pass a law saying precisely that. The other is for the state to fail to convict someone for it after having charged them with it.

 

[TimpanogosSlim]

And i strongly suspect that nobody has ever been charged with a crime for brewing beer at home in a wet county in mississippi. And my assumption is that this has not occurred because the D.A. knows there is no road to a conviction.

 

[bleme]

"100 gallons of mead, whatever that is" - that's too funny! People making laws and don't even make an effort to know what the law is about!

48 states where it is legal, but if AL makes it legal, all hell is going to break loose!

 

[JeepDiver]

I don't see a post from you on the first page of this thread.

Sorry I was on the mobile app last night and forgot there were more pages on the web. But good to see you read the whole thread before forming an opinon

Deleted crap about Utah that has no bearing on this conversation about MS

But surely you can understand the frustration of the situation - not that i ever plan to set foot in the state of mississippi, but if i were so unfortunate as to land there, it would be nice if one person could quote chapter and verse of a law that means that home brewing of beer is illegal. Or refer to one judicial ruling.

I do understand that at this point there are only two ways to get the state government to affirm that home brewing is legal. One is for them to pass a law saying precisely that. The other is for the state to fail to convict someone for it after having charged them with it.

Not sure why someone from VA wanted to make his first post here about how it is leagle to brew in MS, and someone from UT is wanting to defend his point. If you have never stepped foot in MS, then how do you know what it's cops may or may not do. I will Guarantee you that if you move into most small towns in MS, and decide to set up your brewing in your Driveway, you will have a introduction to the MS Law.

Keep it in your backyard and keep quite about it, and more than likely there won't be any problems.

There is a law against it. The following makes it illegal to manufacture, or even posses intoxicating liqour, unless there is a law that makes it leagle.

Now that being said, keep it in your backyard and don't brag about it, and don't piss off the localy Barney fife and you should be fine. There are some things I really miss about my home State, and then there is stuff like this that makes it fairly clear I will never move back there.

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

SEC. 67-1-3. Prohibition reannounced as law of state.

The policy of this state is reannounced in favor of prohibition of the manufacture, sale, distribution, possession and transportation of intoxicating liquor; and the provisions against such manufacture, sale, distribution, possession and transportation of intoxicating liquor, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state. The purpose and intent of this chapter is to vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this chapter, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, possession and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this chapter.


All laws and parts of laws in conflict with this chapter are repealed only to the extent of such conflict; however, except as is provided in this chapter, all laws prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, which are not in conflict with this chapter shall remain in full force and effect, and all such laws shall remain in full force and effect in counties and municipalities wherein the manufacture, sale, distribution and possession of alcoholic beverages has not been authorized as a result of an election held under Section 67-1-11 or Section 67-1-14, Mississippi Code of 1972, or as otherwise provided in this chapter.

And more specifically to make it illeagle

http://www.mscode.com/free/statutes/97/031/0021.htm
SEC. 97-31-21. Manufacturing or distilling unlawful; making wine at home permitted; penalties.

It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and on conviction thereof shall serve a term in the state penitentiary of not less than one year, nor more than three years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five years, nor more than ten years in the state penitentiary.

 

[gemniii]

<snip>
Not sure why someone from VA wanted to make his first post here about how it is leagle to brew in MS<snip>

Not sure if you could read my meaning - My point was that it is a dry county but some of the local law enforcement ignores it for themselves.

I'm just retiring down to northeast Mississippi and am askance at the laws and LEO's here.

If you have never stepped foot in MS, then how do you know what it's cops may or may not do.

Because I've been going there vacation for about 35 years and am now spending about half the year there. I was an active home brewer in Virginia for 25 years.

Some of the law enforcement operates under the rule that the law doesn't apply to them. Most of the populace seems to think that as long as beer is illegal and the law is not often enforced it's ok. Why should a deputy sheriff be allowed to hold beer and booze parties while I'm subject to being busted for having a beer in the frig?

 

[JeepDiver]

He shouldn't, but guess what his buddies are all cops and aren't going to.arrest him. I know a guy who gave shine to the sheriff. He never got arrested but plenty of other guys did. Keep quiet about what you do and you won't have a problem. Brew in your driveway and tell the cops that you are doing it because you know they have parties and drink, and I don't think you will like the outcome

 

[Lemon]

If you want to lobby for this to be legal, remember - no matter what the politicians say, it's all about the money. In this case, fear of losing tax revenue from beer sales.

To make your case you need to demonstrate the number of jobs created by opening home brew shops in every town and the economic impact of these shops (in tax revenue).
You need to prove that the new tax revenue exceeds the lost tax revenue by a factor of 10. (because politicians think everyone is full of crap (takes on to know one...) & divide their estimates by 10).

A white paper needs to be handed to each of the representatives demonstrating the economic impact of the new progressive home brewing legislation.

Don't argue their rhetoric (house parties & drunk teens) - its all about money.