Legal to trade brew?

[El Nino]

Just a simple question, i guess at some point when your friends try your beer and like it, they'll ask to buy some. Of course it's illegal, but would it be legal to do a trade? Say like I'll give him a 6 of my brew for a 6 pack of craft beer and it's a deal. Is that legal or still a no no?

 

[SEndorf]

Legally no.
Accepting cash, goods or services is a not allowed.
In what you describe, beer for beer is still a form of payment.
It's a common scenario - My friends know they can't "buy" my beer.
So they offer to buy supplies. (grain, hops, etc.) or other goodies in exchange. Don't go there.

 

[El Nino]

Ah ok good to know, thanks!

 

[johnstod]

AFAIK they could buy you all of the ingredients and pay you to make them a whole batch, you are then providing a service not selling beer. It's probably toeing the line though.

 

[madscientist451]

Go ahead and trade beer, or anything else if you want to. All you have to do is act like a politician and maintain "plausible deniability".

 

[John Eberly]

Read the legislation in your state. Michigan’s law states clearly that the intent is not to prosecute homebrewers for sharing or trading small volumes of beer. Enforcement is reserved for bulk operations operating outside the license and tax requirements.

 

[passedpawn]

Just a simple question, i guess at some point when your friends try your beer and like it, they'll ask to buy some. Of course it's illegal, but would it be legal to do a trade? Say like I'll give him a 6 of my brew for a 6 pack of craft beer and it's a deal. Is that legal or still a no no?

If they are your friends, just give it to them. Friendships are naturally balanced, and you'll get it back in other ways anyway.

 

[Hwk-I-St8]

I give away beer quite often in the form of bottles or just pours when they visit.

I've had requests for kegs (both to buy or trade) that I've turned down. I have offered to let them brew the beer on my equipment using their ingredients and my recipes and tutelage. The results would be the same, just their ingredients and labor. It would be nice to be the person hanging out drinking while someone else brews for a change! I'm pretty sure that's squarely to the letter of the law but so far no takers.

 

[shoengine]

You have a barter system with friends? Intriguing. My friends have never had to have a reason to bring me beer. Oddly enough, even my coworkers share their beer with me from time to time, and I with them. There is no "trade" involved, just "sharing".

 

[passedpawn]

I give away beer quite often in the form of bottles or just pours when they visit.

I've had requests for kegs (both to buy or trade) that I've turned down. I have offered to let them brew the beer on my equipment using their ingredients and my recipes and tutelage. The results would be the same, just their ingredients and labor. It would be nice to be the person hanging out drinking while someone else brews for a change! I'm pretty sure that's squarely to the letter of the law but so far no takers.

I did the same thing when friends kept wanting homebrew, and they did show up for an early morning brew session. They didn't make it to the end though. I think for most sane people, the time involvement is a showstopper. But they don't know that until they get involved. Until they see the process, they think you've got the Big Rock Candy Mountain in your backyard, where beer flows from a hole in the ground.

 

[SEndorf]

Read the legislation in your state. Michigan’s law states clearly that the intent is not to prosecute homebrewers for sharing or trading small volumes of beer. Enforcement is reserved for bulk operations operating outside the license and tax requirements.

The OP is talking about trading HB for store beer. The law is designed to clarify exemption for brew clubs (homebrewer to homebrewer).

 

[SEndorf]

If they are your friends, just give it to them. Friendships are naturally balanced, and you'll get it back in other ways anyway.

Clearly, this is the practical aspect of the question.
Unless folks are dumb enough to set up their "lemonade" stand at the end of their driveway, there really isn't an issue.
But this is the internet....

 

[aprichman]

Sell them a jar for money and then give them complimentary beer.

This is probably terrible advice and don't do it

 

[SEndorf]

I like where you're going.
How 'bout a "bottle rent charge".
You charge them $3.00 per bottle as a rent fee.
They can do anything they want with the bottle as long as it's returned without damage.
Oh... and by the way.. the bottle happens to contain beer.

 

[flars]

Check the laws for your State. It may be possible that in your State your home brew cannot leave your premises.

 

[El Nino]

If they are your friends, just give it to them. Friendships are naturally balanced, and you'll get it back in other ways anyway.

Well I have some friends that feel bad for taking stuff for free, so I just suggested if you won't just take a 6 pack, then maybe buy me a 6 of something and we'll call it even. I definitely wouldn't take money from a friend, legal or no.

 

[A_McG]

Read the legislation in your state. Michigan’s law states clearly that the intent is not to prosecute homebrewers for sharing or trading small volumes of beer. Enforcement is reserved for bulk operations operating outside the license and tax requirements.

I love Michigan, such a Homebrew friendly state.

I have traded beer for beer, for my close friends who don't Homebrew but want to give something in return. It's only with ones I trust, and who don't go talking about the transaction after. I don't mind just giving it away either, sooner my beer fridge is empty sooner I can brew some more

 

[bigdawg86]

The fear of ATF blasting in your front door due to a 6 pack transaction is ridiculous... the first place to go wrong is including the government in private lives.

 

[TwistedGray]

What if you sat out in your front lawn giving beer away (checking IDs of course) for free?

 

[Andrew Hodgson]

What if you sat out in your front lawn giving beer away (checking IDs of course) for free?

What is this Communist plot?!

 

[bigdawg86]

Say like I dunno.. Like you do when you have a BBQ or party? Lol

 

[TwistedGray]

Say like I dunno.. Like you do when you have a BBQ or party? Lol

Usually not in the front yard though, lol.

 

[homebrewer_99]

A lot of people do not realize that BARTERING...a product for a service, a service for a service, etc., is TAXABLE and must be claimed on your taxes. The value of the barter/trade is the fuzzy part.

It's easier (more legal) to just give it away.

 

[Desert_Sky]

you can put a damn tip jar on top of your kegerator and take in money if you feel like it. And Im pretty sure everyone here has sold a keg now and then.

You used to be able to sell the weed you grew here too, i think you still can. But whtever, nobody cares about a couple gallons of brew, unless it spills or something. THen its a big deal

 

[Yooper]

What if you sat out in your front lawn giving beer away (checking IDs of course) for free?

In some states, that's legal. In some states, it's not legal to give it away at all.

 

[ChuckS1]

It's only illegal if you get caught...

 

[philly224]

No one is gonna care if you trade six packs to your friends. What could possibly happen?

 

[ong]

Oregon (as of 2012, I think) specifies that it is legal to trade homebrew or homemade wine for beer/wine ingredients and equipment. It does really vary by state, although it’s hard to imagine who would bother busting anyone for that.

 

[Saboral]

What if you sat out in your front lawn giving beer away (checking IDs of course) for free?

View attachment 573150

 

[AZCoolerBrewer]

It would be interesting to know of prosecutions successful or otherwise of homebrewers that wandered into gray areas. Especially where and under what circumstances.