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Brewing beyond statute limits?

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bluefoxicy

Well-Known Member
Joined
Aug 25, 2008
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Location
Inner Harbor, Baltimore, MD
Hi

I'm new to home brewing but I'm curious about the statute limit of 100 gal per household (I'm in Maryland). I don't really drink much alcohol; I'm more likely to pass most of it to family or bring it to social gatherings. Still, I'll probably do a lot of experimenting and could easily wind out making 10-15 gallons a month (experiment with maybe 3 brews, but likely will do 2 beers and a wine or mead, with the wine taking several months).

This of course brings me to something like 120-180 gallons a year. (Mind you I drink more soda than that a month, but soda has no alcohol... I'm not drinking that much beer!) If I ever decide to experiment with wine more, I'll likely wind up with extra fermentation equipment... and I'm unlikely to keep anything around that's just sitting idle, so I'll probably have all my carboys perpetually filled.

Is there actually a provision for making more than 100 gallons? Making it is no problem; getting rid of it is no problem either (social gatherings... parties). Obviously I can't sell it; but more to the point I'm not supposed to make more than 100 gallons in the first place...

(I guess in the worst case I can start a micro-brewery)
 
Do you plan on telling someone you brewed over the limit? How could anyone ever know? If you don't sell,they don't care.
 
As long as you don't have evidence of more that 100 gallons on hand...I think you're golden.

At least that's the theory I'm relying on... ;)
I think there's a BIG difference between "on-hand" and "brewed per year"...

At the rate we brew we could have more than 200 gal on-hand from aging apfelwein and meads, etc....
 
Do you plan on telling someone you brewed over the limit? How could anyone ever know? If you don't sell,they don't care.

Mead takes too long and if I actually find a good sweet mead I like (again, I generally don't drink, I despise alcohol/bitter stuff and love sweet things), someone might question me after finding a batch in the closet... :)

(okay I'm mostly kidding)
 
I think there's a BIG difference between "on-hand" and "brewed per year"...

At the rate we brew we could have more than 200 gal on-hand from aging apfelwein and meads, etc....

I havent read all the statutes, but i do believe that there is a distinct difference legally between wine and beer, and should have separate legal definitions, therefore different summations for totals....

So apfelwein and mead would likely fall into a wine category and would not count against a years' beer total.....

but IANAL so....YMMV
 
I'd like to think that any law enforcement agency in the country could find more to worry about than the amount Joe Homebrewer brews in a year. I'd think that you could setup the turkey frier in the driveway 365 days a year and brew and not draw any attention unless you went to selling it out of your garage.
 
Barry Cooper of "Never Get Busted" fame says that the #1 reason that homegrowers get busted is: They tell people.

I figure the premise is much the same with homebrewed beer. Don't tell anyone your secret and you can assure it will not get out.

That said, I see you've made "give it away" as your primary disposal method. That's probably not so wise, especially considering that in some states the very act of giving away homebrew is criminal.

If you want your friends to have great homebrewed beer, you could teach them how to do it. If the law matters to you, this way you'd stay clear of any issues, ensure your friends and family have a steady supply of beer and turn somebody on to a great hobby!
 
I'd like to think that any law enforcement agency in the country could find more to worry about than the amount Joe Homebrewer brews in a year.

This is true; however, there are cases where these things come up during a long interview process and the interviewer becomes very interested in the subject.

Sometimes you really have to plan on getting interrogated in a small, dark room. I doubt that's happening to me any time soon but....
 
I would not worry about it. You would think that your fine law enforcement officers would have more important things to worry about. That said, anybody up for a batch of Paranoia ale?
 
I figure the premise is much the same with homebrewed beer. Don't tell anyone your secret and you can assure it will not get out.

(This has failed me several times before. All at once.)

That said, I see you've made "give it away" as your primary disposal method. That's probably not so wise, especially considering that in some states the very act of giving away homebrew is criminal.

Ah, can't sell and can't stock parties.

If you want your friends to have great homebrewed beer, you could teach them how to do it. If the law matters to you, this way you'd stay clear of any issues, ensure your friends and family have a steady supply of beer and turn somebody on to a great hobby!

This has other advantages, particularly that they figure stuff out for you and you wind up swapping recipes. Yay technology.

I might go to Maryland Fall Brew Day, will you be there?

No, I don't get out of the apartment much. Is there life out there?
 
It is not 100 gallons per household, but 100 Gallons per adult living in the household. That oughta help! :)

I'm a hermit and live alone ;) Just got out of my parents' basement.

It's 100 gallons per adult per household up to 200 gallons per household.

I guess my (legal) options are limited to getting a license and opening my own microbrewery (and making some money) if it gets out of hand. Which would be potentially fun; I've read up on bartending before, could go that route in the future.

Gotta have options right?
 
I'm a hermit and live alone ;) Just got out of my parents' basement.

It's 100 gallons per adult per household up to 200 gallons per household.

I guess my (legal) options are limited to getting a license and opening my own microbrewery (and making some money) if it gets out of hand. Which would be potentially fun; I've read up on bartending before, could go that route in the future.

Gotta have options right?

Can't you brew some at your parent's basement and use their quota?

What the heck......If you are discreet......who will know. ;)
 
I
It's 100 gallons per adult per household up to 200 gallons per household.

Thanks for the more accurate update. If I remember rightly, when I was reading up on those laws I stopped reading at the point I realised I was OK for 200 gallons. I was too busy running around the house naked waving at the neighbours to read any more of that boring legal stuff. ;)
 
I don't think I've ever exceeded the 200 gallon per year limit, but if I did, I wouldn't tell anyone or post it on the internet.

I would be happy to meet half of that goal. Since there is no federal or state mandate for homebrew record keeping, I don't think it's anything the OP should worry about, unless maybe you have other "hobbies" that might attract police attention.
 
Here's the thing... most of us think this is no big deal (including me..... especially me). If it doesn't hurt anyone and you aren't selling it is shouldn't matter. However, all you need is one law enforcement agent looking to make an example.

So if you ever do break 200 gallons, keep it on the down-low.
 
Here's the thing... most of us think this is no big deal (including me..... especially me). If it doesn't hurt anyone and you aren't selling it is shouldn't matter. However, all you need is one law enforcement agent looking to make an example.

Heh yeah that's true, I'm not even thinking of that... busted college parties.

Speaking of college parties, I told an 18 year old freshman she should come get some when she graduates... and then promptly realized I could just de-alc part of a batch (10 gallon fermenter). If I run 20 gallons and boil off the alcohol from 10 of it, doesn't that only count as 10?

(Yes, I know, this affects the flavor; I only need to get it to like 80 degrees...)
 
How on earth would they ever prove how much you brewed? If you brew 250 gallons, it's not like you're not going to have consumed some of it - you wouldn't have all of it on hand - and even if you DID have that much lying around, who's to say that some of it isn't barleywines and lambic and stuff that you brewed LAST year?

Has anyone ever heard of anyone getting busted for breaking the limit? Really, I think the law is there so they've got something else to bust people on who they believe are selling beer without a license, but who can't prove that an exchange of money took place. In essense, if you've got a four-barrel setup, you can't claim that you're a homebrewer ;).
 
I think the law is there so they've got something else to bust people on who they believe are selling beer without a license,

I think ... I don't remember who said it, I think an attorney general said it but it's often attributed to Benjamin Franklin (everything is...). Once we implement enough obscure and relatively banal laws, it's not a matter of finding a crime and locating the person responsible; it's simply a matter of selecting a person and locating a law he's broken.

who brews that much beer??? :confused:

I spent last weekend sitting around basically staring at a wall. Every couple weeks, I have a new skill. I literally don't have anything better to do.

Plus if I determine I like something (I want to try sweet mead, I like sweet things), and it takes 6 months to make and should probably age 6 more, I'll probably have a 20 gallon fermenter in my closet in short order...

blue, are you seriously concerned with this? Really?

Just trust me on this one: some of us aren't allowed to keep (personal) secrets. It could become an issue, but at this point probably not.
 
i brewed almost 50 gallons with a friend of mine a few weeks ago. i generally brew about 3 times a week when i'm not working. i can't seem to fit all the carboys in the basement, let alone in the cabinet. it's called obsession. get used to it ;)

i don't think you have to worry about cops knocking your door down unless they want you for something else.
 
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