Transporting brew through Alabama and Miss.

[sensibull]

Driving down to New Orleans with my family for spring break to visit friends. Our route takes us through Alabama and Mississippi. Let's say, just theoretically, that I had a keg of homebrew in the back. Would I be breaking the law?

 

[Slurm]

Don't ask, Don't tell...

 

[sensibull]

Don't ask, Don't tell...

No doubt, but it would still be nice to know the deal if I blow a tire or something and officer friendly comes a lookin'

 

[maffewl]

I doubt it would be illegal because you are not "brewing" beer, you are transporting it. I would say that would be considered the same as picking up a case of Miller and driving it to New Orleans though AL and MS. An example I can think of would be... it's illegal here to distill and create liquor, but that doesn't keep me from buying a bottle in another state and driving it through. I'm no lawyer though and if you are really concerned about it, I would call the state office to find out.

 

[Slurm]

No doubt, but it would still be nice to know the deal if I blow a tire or something and officer friendly comes a lookin'

Ahh... the magic words to remember are "I do not consent." when asked if they can take a look in your vehicle. Always. No matter what you may or may not hypothetically be carrying. If an officer has probable cause, they do not need your consent, and would not be asking. The other useful phrase is "Am I free to go?" I also recommend "Thank You." and "Have a nice day."

 

[shelly_belly]

I think you would probably be violating some law well before you got to Alabama or Mississipi (probably Virginia law). However, in my part of the state a lot of stores still get their Coke syrup in corny kegs, so just throw a Coke sticker on your keg and you'll be good to go.

Edit: In Alabama possesion of homebrew is illegal

 

[Hoppin_Mad]

First thing I would do is remember to not announce it on the internet er....wait...oh......

 

[usafbeerlover]

Mobile,al has a LHBS so I don't think it is illegal there. Can't speak for the mighty Miss

 

[maffewl]

Edit: In Alabama possesion of homebrew is illegal

Please ignore my previous comment then.

 

[sensibull]

First thing I would do is remember to not announce it on the internet er....wait...oh......

No worries. I was wearing a tinfoil hat when I "announced" it.

 

[Ralelen]

Only illegal if it is taxed, ie store bought. I wouldn't worry about it. "Friends" of mine do it all the time.

 

[Veinman]

Mobile,al has a LHBS so I don't think it is illegal there. Can't speak for the mighty Miss

I'm surprised this hasn't been corrected yet but homebrewing is ILLEGAL in Alabama, and their are several high profile cases talked about in length on this forum about homebrewers getting into serious trouble. https://www.homebrewtalk.com/f14/alabama-homebrewer-arrested-194144/
The Homebrew stores likely are able to exist free from trouble the same way marijuana stores do because the products they offer are not in themselves illegal to possess or sell.

To answer your question:
In Alabama it is illegal to:
1. possess homebrewed alcohol.
2. transport alcohol into or through the state without written permission of the Alabama Alcohol Control Board.
http://law.onecle.com/alabama/intoxicating-liquor-malt-beverages-and-wine/28-1-1.html
3. in some dry counties possess any alcohol period.

In Mississippi it is illegal to:
1. possess homebrewed alcohol
2. im some dry counties possess any alcohol period, without a distribution license.
http://www.mscode.com/free/statutes/67/003/0013.htm

 

[Atl_Brew]

I never miss opening weekend of deer season in Alabama. I'll keep my fingers crossed that I don't get stopped with a car full of homebrew and guns.

 

[rico567]

Ahh... the magic words to remember are "I do not consent." when asked if they can take a look in your vehicle. Always. No matter what you may or may not hypothetically be carrying. If an officer has probable cause, they do not need your consent, and would not be asking. The other useful phrase is "Am I free to go?" I also recommend "Thank You." and "Have a nice day."

Everyone needs to read and understand the above post. If you freely surrender your 4th Amendment rights, then it's all on you. If you simply refuse to consent, and the officer performs a search sans probable cause, on his own recognizance, then anything he finds is inadmissible as evidence.

Things Dad told me:

1. Never eat at a restaurant called Mom's.

2. Never play cards with a man named Doc.

3. A Smith & Wesson beats 4 Aces.

4. Never, ever voluntarily surrender your Constitutional rights.*

*And don't fall for the line "You don't have anything to hide, do you?"

Remember: the courts have ruled that law enforcement can lie to you in the course of an investigation, but if you lie to them you can be charged with obstruction of justice. Just STFU.

 

[usafbeerlover]

Alabama is so ass backwards so I am not surprised. I grew up there and soon as I was 18 joined the USAF and never looked back.

 

[Backporchbrewery]

Yep, It's still technically illegal. But I know some cops that homebrew, so I don't think it's enforced much as long as you're not an @$$. I think the cops are more concerned with meth than homebrew.

 

[brewagentjay]

It's illegal to drive a keg of BMC thru some areas in the state. So yes don't if pulled over say hey look what I got. We are working to fix the laws but it takes time. Also not transporting it thru other states not just MS and AL is also illegal. ABC laws exist in many states.

 

[ReverseApacheMaster]

Everyone needs to read and understand the above post. If you freely surrender your 4th Amendment rights, then it's all on you. If you simply refuse to consent, and the officer performs a search sans probable cause, on his own recognizance, then anything he finds is inadmissible as evidence.

Not exactly. In the OP's hypothetical, the keg is in the back seat, presumably in plain sight. If the officer observes it by plain view (through the window) during a traffic stop or some other way in which the officer clearly sees the keg and has a reasonable belief that it is contraband or contains contraband then probable cause is reached to seize it from the car without consent or warrant. Similarly, if asked you disclose that it is homebrew, probable cause has been reached. However, if an officer reasonably believes or *ahem* "believes" you might have a weapon he could ask you to step out of the car and search without probable cause, warrant, or consent and seize the keg if it is immediately apparent to him or her that it is contraband. When it comes to cars the courts are considerably lenient with the search and seizure standards.

Anything found in an invalid search or seizure may be inadmissible at trial -- maybe -- but is admissible to a grand jury. The inadmissibility (fruit of the poisonous tree) is not an absolute rule.

 

[jamnw]

I was just reading on AHA site.
In TN you can not transport more than 5 gal.
VA, less than 15 gal
GA, didn't specify.
It lists each state's contact info for ABC.

If you're that worried about it, make some phone calls.

http://www.homebrewersassociation.org/pages/government-affairs/statutes/alabama

 

[Teromous]

Why does it matter, there's only Dr. Pepper in that keg anyway, right?

 

[PT Ray]

Seriously, you're good. It's not a law we enforce in Alabama. It's also illegal to ride a bike with no hands down here. At least in the city.