Is Brewing Beer Legal?

[TomToro]

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?

 

[rhamilton]

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!

 

[tom_gamer]

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?

Yes, might be some exceptions

 

[ajm163]

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

 

[deepcdan99]

It is legal and there are limits, here is a good site for refernce though I am not too sure how up to dat it is.

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

 

[Draken]

The limit in Michigan is 20 gallons a year.

 

[Yuri_Rage]

Here is an excerpt from the state's website:

436.1207 Exceptions to act.
Sec. 207.

This act does not apply to the following:

(a) The manufacture of cider from fruit for the purpose of making vinegar and non-intoxicating cider and fruit juice for use and sale, and cider and fruit juice when used or sold, or both, within 30 days after manufacture.

(b) Beer, wine, mead, honey-based beer, or cider of any alcoholic content made on the premises by the owner or lessee of those premises provided those premises are used and occupied by that owner or lessee as a dwelling and the beer, wine, mead, honey-based beer, or cider is made for family use and home consumption.

(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).

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.

 

[TomToro]

Exactly what I was looking for! Thanks very much.

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.

 

[BigBlueDog]

The AHA site lists those same exceptions to the MI statute; seems pretty clear, not exactly misrepresented.

 

[brewmaster89]

He isn't too much of a buddy if he would call the cops.

 

[Yuri_Rage]

The AHA site lists those same exceptions to the MI statute; seems pretty clear, not exactly misrepresented.

Oops. I misread the AHA site! Will edit.

 

[tellish33]

I think there are two states where it is illegal still. I'm almost certain they are both down in the south.

 

[oakbarn]

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.

 

[homebrewdad]

I think there are two states where it is illegal still. I'm almost certain they are both down in the south.

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.

 

[tellish33]

That sucks. I hope the resolution gets passed.

 

[GrantH]

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.

 

[petey_c]

I think it's mandatory in Michigan.

 

[JonM]

Read this thread and then search for "neighbors." They're full of silly comments about calling the cops and awesome responses from brewers, including stories where the cops stopped by after their shift and had a pint or two. Cheers!

https://www.homebrewtalk.com/f45/stupidest-comment-your-beer-54730/

 

[Homercidal]

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.

 

[jmzcustomz]

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.

 

[dbhokie]

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?