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Is Brewing Beer Legal?

Discussion in 'Beginners Beer Brewing Forum' started by TomToro, Apr 10, 2012.

 

  1. #1
    TomToro

    Well-Known Member

    Posted Apr 10, 2012
    My buddy has been joking about the law calling and telling me to stop. Is brewing beer in these small batches for personal use legal in the U.S.? I'd never sell the stuff and give most away anyway to family/friends.

    Is there a limit as to how much we can brew ourselves?
     
  2. #2
    rhamilton

    Well-Known Member

    Posted Apr 10, 2012
    It's technically up to the states - below is good for everyone but some select states:

    "100 gallons of beer per adult per year and up to a maximum of 200 gallons per household annually when there are two or more adults residing in the household."

    Thanks Jimmy Carter!
     
  3. #3
    tom_gamer

    Well-Known Member

    Posted Apr 10, 2012
    Yes, might be some exceptions
     
  4. #4
    ajm163

    Well-Known Member

    Posted Apr 10, 2012
    There are a few states where it is still illegal but it is legal federally.... the limit is i believe 200 gallons per household per year.... and you can not sell with out a license
     
  5. #5
    deepcdan99

    Well-Known Member

    Posted Apr 10, 2012
  6. #6
    Draken

    Well-Known Member

    Posted Apr 10, 2012
    The limit in Michigan is 20 gallons a year.
     
  7. #7
    Yuri_Rage

    Gritty.  

    Posted Apr 10, 2012
    Here is an excerpt from the state's website:

    This portion of the Michigan Liquor Control Code of 1998 lists exceptions to the licensed manufacture and sale of alcoholic beverages. You can read the entire text of 436.1207 at this link. You can navigate the site and read the entire code from there if you like.

    Bottom line:
    Subdivision (b) allows homebrewing for personal use, which would then be subject to the federal limit of 100 gallons per year, per individual, not to exceed 200 gallons per year, per household. Subdivision (c) allows you to give away 20 gallons at a time as a gift.

    I'm no lawyer, but I'm pretty sure my interpretation is correct.
     
  8. #8
    TomToro

    Well-Known Member

    Posted Apr 10, 2012
    Exactly what I was looking for! Thanks very much.


     
  9. #9
    BigBlueDog

    Alpha Dog  

    Posted Apr 11, 2012
    The AHA site lists those same exceptions to the MI statute; seems pretty clear, not exactly misrepresented.
     
  10. #10
    brewmaster89

    Banned

    Posted Apr 11, 2012
    He isn't too much of a buddy if he would call the cops.
     
  11. #11
    Yuri_Rage

    Gritty.  

    Posted Apr 11, 2012
    Oops. I misread the AHA site! Will edit.
     
  12. #12
    tellish33

    Well-Known Member

    Posted Apr 11, 2012
    I think there are two states where it is illegal still. I'm almost certain they are both down in the south.
     
  13. #13
    oakbarn

    Well-Known Member  

    Posted Apr 11, 2012
    NO! It is totally illegal. Pack up all you made beer and ship to me. I will make sure it is consu,,, I mean destroyed.
     
    TomToro likes this.
  14. #14
    homebrewdad

    Well-Known Member

    Posted Apr 11, 2012
    I live in one. Alabama and Mississippi are the states you are looking for... though we do have a resolution before the state house to change that.

    Probably won't happen tis year, though. :(
     
  15. #15
    tellish33

    Well-Known Member

    Posted Apr 11, 2012
    That sucks. I hope the resolution gets passed.
     
  16. #16
    GrantH

    Well-Known Member

    Posted Apr 11, 2012
    At least in AL you can buy everything needed to do such, and that would is actually in Birmingham. Right off the 465 loop by the mall.

    I'm in Mississippi and we are trying to as well. At least we got our cap raised a bit.
     
  17. #17
    petey_c

    Senior Member  

    Posted Apr 11, 2012
    I think it's mandatory in Michigan.
     
  18. #18
    JonM

    Well-Known Member

    Posted Apr 11, 2012
    TomToro likes this.
  19. #19
    Homercidal

    Licensed Sensual Massage Therapist.  

    Posted Apr 11, 2012
    You can brew up to 200 gallons a year in Michigan, but you have to give 20 gallons away to qualify. I have the address where you send your required "Homebrew Gift" (Tax, actually) right here. Coincidentally it's in the same town I live in. Weird, huh?

    Make sure you put "CO: Homercidal" at the top.
     
    TomToro likes this.
  20. #20
    jmzcustomz

    Well-Known Member

    Posted Apr 11, 2012
    As mentioned above MS & AL are the last two states in the nation that do not permit home brewing. MS just (as in on Monday) passed a law raising the ABW from 5% to 8%. Yes ABW I believe MS and Utah are the only states that use ABW over ABV. Anyways unless you are in one of the two mentioned states, hell even if you are in one of those two states, brew on man.
     
  21. #21
    dbhokie

    Well-Known Member

    Posted Apr 11, 2012
    Just tell him you will call the cops on him for the weed growing in his house. When he says "well, there isn't any", you just look back slyly and say oh? Is there not? Is there not?
     
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