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this is all legal right?

Discussion in 'Beginners Beer Brewing Forum' started by ponchofrailey, Jul 30, 2013.

 

  1. #1
    ponchofrailey

    Member

    Posted Jul 30, 2013
    whats the line i can cross before i just go to far? Is there a point in time i have "intent to distribute".
     
  2. #2
    thatjonguy

    Now with 57.93% more awesome!

    Posted Jul 30, 2013
    I hope you are talking about beer. Keep it under 100/200 gallons (per year).

    Edit: don't sell it. Thats just asking for trouble.
     
  3. #3
    Cathedral

    Well-Known Member

    Posted Jul 30, 2013
    Well, that's a lot to answer. In one hand, you're not dealing with a schedule I drug like crack or meth; in the other, you ARE dealing with one of the most regulated substances on the planet. It would matter a great deal on what state (or country) you live in... and what exactly you are doing. An ambiguous, vague post won't get any answers.
     
  4. #4
    rajun50

    Well-Known Member

    Posted Jul 30, 2013
    Depends on where you live. If you have to ask, you probably haven't gone too far...
     
  5. #5
    MadCnty

    Well-Known Member

    Posted Jul 30, 2013
    Yes, usually when you are "selling" your homebrew... Each state is different... If in doubt check your local laws... :)
     
  6. #6
    ponchofrailey

    Member

    Posted Jul 30, 2013
    well yeah beer, wine, hard cider. ect. ect.
     
  7. #7
    brewguyver

    Member  

    Posted Jul 30, 2013
    If you take something in trade to cover your costs, or you violate state law with regard to volumes or transportation, it's illegal. The AHA has home brewing law information by state on their website. So don't sell, follow state law, and don't have people buy you equipment, materials, etc for the purpose of you giving them beer in return and your golden.

    If your friends really want to chip in, have them buy themselves a kit, and then help them brew it. They learn to brew, an you haven't done anything inappropriate.
     
  8. #8
    woozy

    Well-Known Member

    Posted Jul 30, 2013
    They practicality is (in the U.S.) that if you do break the law unknowingly or innocently (brew too much. Gave a six pack to a friend to take whom and he gave one to a stranger. You asked a pal to chip in cash for ingredients. You share one with a friend where your state law says it's only for personal or family use. You brew mead in Texas *hee* *hee* Or brew with your wife or son in Texas *more hee hee*) you aren't going to be bothered unless it's a *flagrant* flaunting.

    But legally it's mostly selling and the amount that'll be a problem.
     
  9. #9
    brewguyver

    Member  

    Posted Jul 30, 2013
    We really need a despair poster style meme graphic for cases like this.
     
  10. #10
    ShaineT

    Well-Known Member

    Posted Jul 30, 2013
    Someone keeps baking me cookies after I give them a couple beers.:eek:
     
  11. #11
    woozy

    Well-Known Member

    Posted Jul 30, 2013
    Ask "are you a cop? Are you wearing a wire?" each time before accepting the cookies and you will be fine.
     
  12. #12
    ponchofrailey

    Member

    Posted Jul 30, 2013
    better yet perform a strip search
     
  13. #13
    passedpawn

    Some rando  

    Posted Jul 30, 2013
    Maybe you should come out and ask the question. Noone here knows what you're talking about.

    Don't worry, one thing this site is good for is telling you where the line is.
     
  14. #14
    hehawbrew

    Well-Known Member

    Posted Jul 30, 2013
    In MD, it's county by county . One of our counties, Cecil I think, you can sell wine without a license or permit!!!
     
  15. #15
    hehawbrew

    Well-Known Member

    Posted Jul 30, 2013
    St marys county
     
  16. #16
    divrguy

    Well-Known Member

    Posted Jul 30, 2013
    Are you kidding me??? Lol I'm looking for friends that will buy me gadgets so I can make them beer lol

    No way!! Then I'd have to drink their beer!! Lol that's why they let me brew!! Geeesh! I need them to by me kits so I can keep up with demand!! Lol
     
  17. #17
    dgr

    Well-Known Member

    Posted Jul 30, 2013
    States can say what they want. If you could be considered a brewery or winery or meadery, the Feral government is going to be interested in what you do and want their piece.

    "Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to state or local law."

    There's the letter. Gifting something that's actually a gift isn't likely to land you in PMITA prison.
     
  18. #18
    LabRatBrewer

    Lost in a Maze  

    Posted Jul 30, 2013
    I thought the line was between two pints, but it turns out they were points.
     
    Shakybones likes this.
  19. #19
    woozy

    Well-Known Member

    Posted Jul 30, 2013
    I'm thinking most of us are assuming the OP means this: The federal law allows (without license and taxation) the home brewing of beer for personal use but prohibits (without license and taxation) the home brewing of beer with intent to distribute. But, I'm thinking most of us are assuming the OP is wondering, when you're sharing a beer with friends when does "personal use" (legal) become "intent to distribute" (illegal)? I think most of us interpret it when you grew more than the allotted 100/200 gallons per household and/or you sell/barter/or brew beer for payment.

    It's a fair question. The law can sound a bit vague. What does "personal or family use mean"? Wouldn't giving it to a friend be personal use? What about giving it to a charity event for them to serve to attendees?

    In Texas the law sure as heck sounds like i) you can't give beer to friends, only family members allowed and ii) only one person per family, the dedicated head of household, is allowed to brew and iii) you can't brew mead, but the "aw, c'mon" test makes one conclude they can't *really* mean that (and, of course, they don't ... I think).
     
  20. #20
    Komocabo

    Well-Known Member

    Posted Jul 30, 2013
    Would it be illegal to bring a keg to a company picnic/potluck? No intent to sell, just allow fellow co-workers to pour at their own discretion?

    I never thought about it before (as being illegal) and WAS considering it for the summer company picnic.
     
  21. #21
    Dralzz

    Member

    Posted Jul 30, 2013
    Again, it depends on where you live. Exact laws vary by state and occasionally by county.
     
  22. #22
    mikescooling

    Well-Known Member

    Posted Jul 30, 2013
    Some of these laws just changed with the passing of 609? I know we were not allowed to serve at festivals and now we are.
     
  23. #23
    Komocabo

    Well-Known Member

    Posted Jul 30, 2013
    I live in Oregon... Any ideas off hand? If not, I'll do some research
     
  24. #24
    woozy

    Well-Known Member

    Posted Jul 30, 2013
    No idea. But I honestly can't imagine anyone going after this. Nor can I imagine a "gee, I had no idea" not getting anyone off scat-free.
     
  25. #25
    DanH

    Well-Known Member

    Posted Jul 30, 2013
    If I homebrewer doesn't know, then neither does a beat cop.
     
  26. #26
    jc5066

    Well-Known Member

    Posted Jul 30, 2013
    A lot of people brew with the intent to distribute! We enjoy our craft and want to share.

    Like others have said, local laws very. A lot will depend on if you are giving it away or taking money or other gains for it.

    Keep in mind were brewers, no lawyers. If you want serious legal advice ask a lawyer, not an open forum.
     
  27. #27
    TangoHotel

    Well-Known Member

    Posted Jul 30, 2013
    This. I do this because I love the process. Plus it gives e's me an excuse to brew with buddies and They get to tell others that this was something that they made. Brew on!
     
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