is this illegal?

[HollisBT]

no difference between this and my granddad doing 7 (twice) for whiskey.

The guy is ASKING for handcuffs.

Right, no difference. Except for the fact that it is legal to homebrew beer and wine, but it is illegal to home distill any spirit... Oh wait, that makes it different, doesn't it...

I always interpreted the law as it was illegal to sell homebrew for any legal tender or for profit, and that bartering/trading was perfectly fine. I think the only way this guy is going to be in any trouble is if he accepts any money for homebrew. And the only reason that would be illegal, is because uncle Sam wants his cut of the money.

 

[PVH]

Right, no difference. Except for the fact that it is legal to homebrew beer and wine, but it is illegal to home distill any spirit... Oh wait, that makes it different, doesn't it...

I always interpreted the law as it was illegal to sell homebrew for any legal tender or for profit, and that bartering/trading was perfectly fine. I think the only way this guy is going to be in any trouble is if he accepts any money for homebrew. And the only reason that would be illegal, is because uncle Sam wants his cut of the money.

That's right, you could trade your beer for silver, or for jewelry, or for diamonds, but not dollars. Hot dern I'm opening a beer stand tomorrow!

 

[Denny]

He's not selling. He's bartering. The ATF has a lot more important things to worry about than some guy bartering homebrewed beer for remodel work.

Same thing as far as the ATF and IRS are concerned. What he's doing is definitely illegal.

BTW, if you have a question about this, email Gary Glass at the AHA. He knows more about homebrew laws than all of us put together.

 

[gauzzastrip]

Okay. Despite having passed laws allowing HomeBrew in Oklahoma, the ABLE commission continually disallows HomeBrew at Beer Festivals. They aren't selling the beer, right? All they are doing is offering samples to further promote a hobby, right?


Wrong.

Since the festival have a cover charge, or ticket charge, then the Federal Govt construes this (loosely) as sales.

Plain and simple. If you accept compensation for your beverage, monetary or otherwise, you've sold it and have violated Federal Law. Same applies to a competition if it has an entry fee. This is construed as a sales.

My LHBS gives out samples in the back, I buy their supplies, am I therefore paying for the homebrew samples?

All I'm saying is that the donation is separate from the home brew. You paid to enter the beer festival so I guess I could see how that would be different(although at a beer festival I went to last year my LHBS was there with a tent serving up samples). I'm talking about a personal donation or gift. It's like if someone just gave you $20 because it's your birthday and then you gave them some home brew (which is legal in my state). That doesn't mean they paid you for the home brew. There's no way to prove that the 2 are associated.

I don't live in OK so I don't know what all your state laws are about home brewing.

 

[Gear101]

Same thing as far as the ATF and IRS are concerned. What he's doing is definitely illegal.

BTW, if you have a question about this, email Gary Glass at the AHA. He knows more about homebrew laws than all of us put together.

that is like paying crack for a hooker.. IRS and DEA will step in

 

[kosmokramer]

Wow, this one took off like wildfire.

 

[rhamilton]

Wow, this one took off like wildfire.

Yea you can tell none of these guys have been in front of a federal judge.

 

[Retrofit]

I think selling wort is a brilliant idea. "Take this sweet water home and dump this vial in it. That'll be $50 sir!"

I suspect it's illegal and it's so small no one cares so like the guy said that it'll be flagged. That'll be the end of it. I can't see the ATF setting up a sting for this.

On the topic of an all powerful and oppressive government, my neighbor is trying to get a security clearance and the FBI had to hand deliver a letter to my house (requesting an interview) because they can't find my phone number!!!!!

With that in mind, I just have a hard time seeing SWAT taking this guy to jail.

 

[BrewKnurd]

But you're not selling it. You just received a donation because someone thinks you're that great of a person. And you just gave them some home brew because you thought they'd enjoy it.

good luck getting that argument past a judge. I'm not saying you ever would be in front of a judge for a scheme like this, but if you were, that explanation would hold approximately no merit.

If your logic worked in a legal setting, no one would ever get busted for prostitution. "you see, sir, she just happened to want to have sex with me, and I just happened to want to make a donation to her college fund!"

 

[oakbarn]

The new big brother building in Utah will have the ATF come down on him with black helicopters in the dark of night.

 

[BrewKnurd]

I think selling wort is a brilliant idea. "Take this sweet water home and dump this vial in it. That'll be $50 sir!"

I think I've heard of a homebrew shops that does this, but it may have been the australian shop that advertises on the brewing network....

 

[gauzzastrip]

good luck getting that argument past a judge.
If your logic worked in a legal setting, no one would ever get busted for prostitution. "you see, sir, she just happened to want to have sex with me, and I just happened to want to make a donation to her college fund!"

Sounds like a good idea to me!
I'm not planning on trying to take donations for home brew. Just kind of playing devil's advocate. I think as long as you aren't being a total idiot about it no one's going to come knocking down your door and dragging you off to prison.

 

[BigEd]

http://losangeles.craigslist.org/lgb/bar/2939378114.html

I just saw this during my dailly trolling of cl and after a chuckle i was wondering if this guy was in for some trouble?

Yeah it's illegal although as posted above the Feds probably have bigger fish to fry. It's also stupid to bring that kind of attention to yourself but you knew that already.

 

[BrewKnurd]

Sounds like a good idea to me!
I'm not planning on trying to take donations for home brew. Just kind of playing devil's advocate. I think as long as you aren't being a total idiot about it no one's going to come knocking down your door and dragging you off to prison.

I agree no one is going to be knocking down your door. Just saying that if they do, the donation argument isn't going to hold up.

 

[thegerm]

selling wort and yeast is what every lhbs does. the wort generally is concentrated down to a syrup or powder, though it doesn't have to be.

what they don't sell are fermented beverages containing alcohol, however.

 

[LandoLincoln]

Same thing as far as the ATF and IRS are concerned. What he's doing is definitely illegal.

BTW, if you have a question about this, email Gary Glass at the AHA. He knows more about homebrew laws than all of us put together.

I really don't care, since I'm not planning on trying to barter my beer for anything, and if I was, I wouldn't post an ad on Craigslist. And even if I did, I wouldn't expect the ATF to beat down my door over it.

 

[badbrew]

I'm sure this guy was loaded when he posted this ad. Probably sounded like win win at the time. And what type of person would actually take him up on it? Yeah I want to drink some foreign liquid made by some random weird dude on craigslist.:cross:

 

[GilaMinumBeer]

My LHBS gives out samples in the back, I buy their supplies, am I therefore paying for the homebrew samples?

There is a difference here. The samples are in fact free. You bought food products from them, not beer. Most Federal Laws don't prohibit giving away alcoholic products to someone over 21.

Trade or sales, they do.

Now, had your LHBS been taking HomeBrew in trade for supplies tehre would be a different issue.

I think selling wort is a brilliant idea. "Take this sweet water home and dump this vial in it. That'll be $50 sir!"

I suspect it's illegal and it's so small no one cares so like the guy said that it'll be flagged. That'll be the end of it. I can't see the ATF setting up a sting for this.

On the topic of an all powerful and oppressive government, my neighbor is trying to get a security clearance and the FBI had to hand deliver a letter to my house (requesting an interview) because they can't find my phone number!!!!!

With that in mind, I just have a hard time seeing SWAT taking this guy to jail.

It's not illeagal to sell Malta Goya, or Liquid Malt concentrate. No alcohol, you see the difference? However, the Health Deapartment would regulate the storage of those products.

selling wort and yeast is what every lhbs does. the wort generally is concentrated down to a syrup or powder, though it doesn't have to be.

what they don't sell are fermented beverages containing alcohol, however.

Yep.

 

[passedpawn]

I think selling wort is a brilliant idea. "Take this sweet water home and dump this vial in it. That'll be $50 sir!"

$34.95 plus shipping, actually.

http://www.magnotta.com/festabrew/Search.aspx?SKeyword=brewmaster reserve

 

[jordanmills]

It's deleted

 

[GilaMinumBeer]

It's deleted

He prolly read this thread.

 

[spearko520]

that is like paying crack for a hooker.. IRS and DEA will step in

that actually sounds like a great idea.