Mississippi Beer Brewing Laws??

[BillPitts]

Hi,
I was talking with some friends from out of state about how one can legally make wine for their personal use here in Mississippi but not beer. Sounds sort of off so I started Google-searching and found this article from The Deer Creek Pilot about the Lazy Magnolia Brewery in Kiln, Mississippi. Associate Editor Natalie Perkins writes that Matt McKiernan, the company’s marketing director says, “There is a longstanding belief that you can’t legally run a brewery in Mississippi, but they [the lawyers they were working with?] read the law themselves, and it’s just not there.” She goes on to say that the key’s not the brewing. It’s the selling . . . .

So what is the story here? I carefully looked over the Mississippi Codes concerning alcohol and there is indeed nothing THAT I COULD FIND stating that I cannot brew beer in my Mississippi home for my personal use.

Anyone care to comment?

Thanks,
Bill

 

[Schlenkerla]

Hi,
I was talking with some friends from out of state about how one can legally make wine for their personal use here in Mississippi but not beer. Sounds sort of off so I started Google-searching and found this article from The Deer Creek Pilot about the Lazy Magnolia Brewery in Kiln, Mississippi. Associate Editor Natalie Perkins writes that Matt McKiernan, the company’s marketing director says, “There is a longstanding belief that you can’t legally run a brewery in Mississippi, but they [the lawyers they were working with?] read the law themselves, and it’s just not there.” She goes on to say that the key’s not the brewing. It’s the selling . . . .

So what is the story here? I carefully looked over the Mississippi Codes concerning alcohol and there is indeed nothing THAT I COULD FIND stating that I cannot brew beer in my Mississippi home for my personal use.

Anyone care to comment?

Thanks,
Bill

Go brew, screw the damn law! If there is one outlawing it...Just keep it to yourself!

 

[Vuarra]

I guess the question is, can you purchase the grains and hops or the pre-hopped kits in MS? The "legal" answer to that will tell you if brewing is contrary to your laws.

 

[Stratotankard]

Updated: 9/95
State: Mississippi
Status: Not Statutorily Recognized

Statute:
Mississippi statute §67-3-11 provides for the home production of wine. Currently no such provision exists for the home manufacture of beer.

Discussion:
Individuals interested in having beer statutorily recognized in Mississippi should seek to have §67-3-11 amended to include the term "beer" or "malt beverage". Two recent attempts to allow the home production of beer have failed. See 1995 MS S.B. 2097 & 1995 MS H.B. 398.

Special Provisions:
N/A

State Alcohol Beverage Control Agency:
Alcoholic Beverage Commission
P.O. Box 540
Madison, MS 39130-0540
(601) 856-1301
FAX (314) 856-1300

Applicable Statutory Material:
§ 67-3-11. Homemade wine.

Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.

This is from Beertown.org. They have a listing by states of the applicable laws. Looks like Mississippi doesn't specifically prohibit beer, but does specifically allow wine. Grey areas are fun. As long as you can get it shipped to you, I say brew away.

Terje

 

[chefchris]

Just moved from Tupelo. Every where I read said homebrewing was still illegal. **** them. I did it on my front porch. I remember a cop doing circles one time in my neighborhood checking me out. I'm sure most cops don't know homebrewing's illegal.

Hey, if you're not going to allow the sale of great beer in MS (6% cap) then I'll make my own. That's why I got started in the first place.

Like I said ... **** em.

 

[RichPGH]

Just tell them you added a grape to the recipe.

 

[tick_daddy]

check out www.raiseyourpints.org
it's an organization looking to change the ridiculous laws here in Mississippi.

 

[boomtown25]

If you look at the regulations and statutes it does not make it illegal, but it does say that the rules and statute define what IS legal. Therefore, one could argue that if the law doesn't say homebrewing is legal then it is supposed to be illegal.

 

[waldoar15]

If there's no law on the books against it, what are they going to charge you with?

I'd contact a local lawyer and ask for advise if you're concerned about it.

 

[Jayman931]

Did it ever occur to you that you don't need permission from "the man" to give the middle finger to "the man"....

Brew Away..

 

[ENS]

just say you're making a barely wine.

 

[SLBrooks]

The man always finds a way to stick his nose in. I had the ATF show up on my doorstep for buying sugar my apiary - my registered apiary.

Apparently buying 4k pounds of sugar is just cause for a search warrant..... ive never heard of a bakery being raided for buying sugar, they could be making moonshine like the man thought i was.

 

[JimBell]

I sent Northern Brewer an email asking if they would ship to Mississippi, they said they would.

Problem solved!

 

[birvine]

Sometimes I drive 90 km/h in an 80 km/h zone. That is contrary to the law. Just saying - there is illegal and there is wrong. Work on upping the limit.

B

 

[deadscott]

Brewing can only be illegal if there is a law prohibiting it.

 

[Accidic]

I second the point on barleywine. Look on the bright side... In Alabama (at least as I understand it) it's illegal to have illegal alcohol but the way it reads to me is it doesn't specifically prohibit it. It does, however, state very clearly that any item that can be used to make alcohol is illegal to own in the state of Alabama. Ironically this would include pots, ladles, buckets, possibly cheesecloth, bottles and/or containers such as mason jars that wines can be stored in, etc. This would make my now deceased grandmother a hardcore felon along with nearly every single household in Alabama. Granted IANAL so don't take the above as legal advice but if ignorance of the law is no excuse then the complexity of laws are purposely entrapment as they are often wrote unclear by design.

In a nutshell I actually envy your situation. At least they're not hypocritical enough to tell you to drink Chivas Regal cause it's stamped by the govt as healthy for you as a justification not to extend to you you're own rights whilst engaging in their clear conflict of interest in regards to alcohol.

 

[h22lude]

Brewing can only be illegal if there is a law prohibiting it.

I agree. If there is no stated law against brewing the beer, you are not doing anything illegal.

And in any case, how would they know? Do you buy stuff online or from another state? Do you claim those items on your taxes? If you don't then you are doing something illegal. Anything you buy online or from another state and use that item in your resident state, you must pay your states sales tax on it.

In RI the law is homebrewing is ok under 200 gallons. That is only 40 brew days. That is very easy to go over...but will anyone ever know?

I second the point on barleywine. Look on the bright side... In Alabama (at least as I understand it) it's illegal to have illegal alcohol but the way it reads to me is it doesn't specifically prohibit it. It does, however, state very clearly that any item that can be used to make alcohol is illegal to own in the state of Alabama. Ironically this would include pots, ladles, buckets, possibly cheesecloth, bottles and/or containers such as mason jars that wines can be stored in, etc. This would make my now deceased grandmother a hardcore felon along with nearly every single household in Alabama. Granted IANAL so don't take the above as legal advice but if ignorance of the law is no excuse then the complexity of laws are purposely entrapment as they are often wrote unclear by design.

In a nutshell I actually envy your situation. At least they're not hypocritical enough to tell you to drink Chivas Regal cause it's stamped by the govt as healthy for you as a justification not to extend to you you're own rights whilst engaging in their clear conflict of interest in regards to alcohol.

Haha funny story about this. It is illegal to make hard alcohol in RI too. My friend makes "something" and he needed high alcohol yeast. He went to our LHBS and asked him. The owner told my friend making that is illegal...and then told him the best yeast to use hahahaha I just thought I would share that

 

[davefleck]

I sent Northern Brewer an email asking if they would ship to Mississippi, they said they would.

Problem solved!

Many states have pipe and hydroponic supplies for sale. Ingredient availability has nothing to do with how they can be used

 

[Accidic]

There are LHBS in Alabama too. I've seen one when I flew into Birmingham off the top of my head. The only people I've heard of getting into trouble there embarrassed the state's often ignorant (or more likely religious oriented discriminatory) politicians. Please note I am not intending to insult anyone's religious preference, I just take offense to assault on others rights in an alleged religiously free country using it as the excuse.

 

[BobTheAverage]

The following were taken from www.sos.state.ms.us/elections/2005/HandBook/ABCStatutes.pdf

§ 67-3-11. Homemade wine.
Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.

§ 67-1-5. Definitions.
(d) "Wine" or "vinous liquor" means any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries and made in accordance with the revenue laws of the United States.

Sounds like my blueberry beer is fine. Brewed in Mississippi with blueberries grown right here in Mississippi. Its not beer. Its a vinous liquor. Otherwise i can just tell them i added a grape to the mix.

I know that there are many people who do it and I don't know of anyone who has been prosecuted for it.

 

[Jayman931]

Thomas Jefferson brewed and enjoyed beer...what do you think he would say to you if you asked him if it was illegal?

 

[spacemaker]

No wonder it's such a pain to start brewing here. I brew both wine and beer. I stopped by Olive Garden one afternoon in Hattiesburg, MS and ask the beverage Manager if I could set something up to take used wine bottles off there hand. She said that the ABC required them to break them and she was not allowed to give them for reuse.

 

[Accidic]

That sounds like an incredibly safe practice....... For the life of me I can't think of a single reason that would justify that.

 

[tick_daddy]

Per Northern Brewer's website: "Homebrewing was federally legalized in 1978 and is currently legal in 48 states (it is not yet legal in Alabama and Mississippi."

link: http://www.northernbrewer.com/brewing/marketing-categories/new-brewers/

Per www.alabamahomebrewing.org: "On April 26, the 2011 Alabama Homebrewing Legalization Bill was defeated in the House of Representatives. We clearly have much more work to do to prepare for the 2012 Legislative Session.

This is ridiculous...support www.raiseyourpints.org and www.alabamahomebrewing.org to get these laws changed in Mississippi and Alabama!

 

[Tall_Yotie]

The man always finds a way to stick his nose in. I had the ATF show up on my doorstep for buying sugar my apiary - my registered apiary.

Apparently buying 4k pounds of sugar is just cause for a search warrant..... ive never heard of a bakery being raided for buying sugar, they could be making moonshine like the man thought i was.

My company had folks show up because someone order Toluene without going through the right channels; we need solvents, BUT it is also used in making explosives as well as Meth I believe.

Not trying to hijack, but I am tired of this whole "the man" crap. Lots of complaining about laws and police when it interferes with your own personal bubble, even if it is in the best interest of everyone else but you.


They don't allow home brewing, but there is also a 6% ABV cap, which would be easy to go beyond with home brewing. The law sucks, but the law is the law. Do as you will, I am not saying to do it or not to do it, just way the pluses with the chances of getting caught and said consequences.

 

[bonzombiekitty]

That sounds like an incredibly safe practice....... For the life of me I can't think of a single reason that would justify that.

Maybe as a weird way to keep restaurants from filling up a wine bottle with something else and selling it as the original wine. That's the only thing that I can come up with that even comes close to making sense.

 

[tick_daddy]

Not trying to hijack, but I am tired of this whole "the man" crap. Lots of complaining about laws and police when it interferes with your own personal bubble, even if it is in the best interest of everyone else but you.


They don't allow home brewing, but there is also a 6% ABV cap, which would be easy to go beyond with home brewing. The law sucks, but the law is the law. Do as you will, I am not saying to do it or not to do it, just way the pluses with the chances of getting caught and said consequences.

I'm confused. So, those of us in MS and AL should not be upset about the homebrewing ban in our states because it's in our own best interest?

 

[JeepDiver]

I agree. If there is no stated law against brewing the beer, you are not doing anything illegal.

There is a law against it. The following makes it illegal to manufacture, or even posses intoxicating liqour, unless there is a law that makes it leagle.

Now that being said, keep it in your backyard and don't brag about it, and don't piss off the localy Barney fife and you should be fine. There are some things I really miss about my home State, and then there is stuff like this that makes it fairly clear I will never move back there.

http://www.mscode.com/free/statutes/67/009/0001.htm

SEC. 67-1-3. Prohibition reannounced as law of state.

The policy of this state is reannounced in favor of prohibition of the manufacture, sale, distribution, possession and transportation of intoxicating liquor; and the provisions against such manufacture, sale, distribution, possession and transportation of intoxicating liquor, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state. The purpose and intent of this chapter is to vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this chapter, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, possession and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this chapter.


All laws and parts of laws in conflict with this chapter are repealed only to the extent of such conflict; however, except as is provided in this chapter, all laws prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, which are not in conflict with this chapter shall remain in full force and effect, and all such laws shall remain in full force and effect in counties and municipalities wherein the manufacture, sale, distribution and possession of alcoholic beverages has not been authorized as a result of an election held under Section 67-1-11 or Section 67-1-14, Mississippi Code of 1972, or as otherwise provided in this chapter.

 

[JeepDiver]

And more specifically to make it illeagle

http://www.mscode.com/free/statutes/97/031/0021.htm
SEC. 97-31-21. Manufacturing or distilling unlawful; making wine at home permitted; penalties.

It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and on conviction thereof shall serve a term in the state penitentiary of not less than one year, nor more than three years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five years, nor more than ten years in the state penitentiary.

 

[johnnyspade]

if there's one thing I've learned from this thread, it's that there's a bunch of Southern states I probably never want to live in.

I have to assume that these types of laws are just there because they've been on the books for so long, but I can't imagine you would ever be arrested for brewing beer for your own consumption?