Utah is considering legalizing homebrew!

[Christian]

Actually it still has not fully passed the senate, it passed the 2nd reading and vote but is still subject to a 3rd reading and vote. It has been put on the calendar for the 3rd reading in the senate and is in position 8, not sure when that will take place though. In the 3rd reading they will further debate it and amendments can take place.

So don't get your hopes up just yet.

H.B. 51 Bill Documents - 2009 General Session

 

[orangeandblue302]

Utah is a weird state. You can have Fully automatic weapons and silencers on your guns but its illegal to homebrew....wtf

 

[Vic_Sinclair]

It's not really illegal. It's just that homebrewers are subject to a huge brewing tax, the same as commercial brewers. The law is aimed to create an exemption for homebrewing for non-commercial purposes, 100 gallons annually per adult in the house, up to 200 gallons. So IF someone in Utah homebrewed, and I am certain they do not, they would be in violation of non-payment of taxes.

 

[knipknup]

It's not really illegal. It's just that homebrewers are subject to a huge brewing tax, the same as commercial brewers. The law is aimed to create an exemption for homebrewing for non-commercial purposes, 100 gallons annually per adult in the house, up to 200 gallons. So IF someone in Utah homebrewed, and I am certain they do not, they would be in violation of non-payment of taxes.

Actually, by the letter of the law, it is not legal without a license and there is no possibility of a homebrewer to get a license because the Feds won't issue one without a commercial intent (to simplify a longer discussion). The state of Utah will not issue a brewing license until a Federal license is issued. Therefore, it is not possible for a resident of Utah to get a license without putting up a bunch of cash and starting a business. This bill will get rid of that obstacle for the homebrewer that makes beer or wine for personal consumption or competitions.

On the other hand, the law is not enforced but could be if you get on the wrong side of some cop's preference...

 

[Malticulous]

Here is the law, Commission's power to grant licenses -- Limitations. - Utah 32A-8-101. It's clearly a class B misdemeanor. The only way out of it would be to prove that personal use does not constitute manufacture. Edit, I just found this in 32A-1-105 "(31) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others."

This bill is great. I think the AHA must have wrote it. If passed home brewers in at least seven other states should be jealous.
I'm gald to see my senator in the yeas list http://le.utah.gov/~2009/status/hbillsta/hb0051.002s.txt. Maybe my email made a difference?

 

[Christian]

I'm gald to see my senator in the yeas list

Mine was absent and didn't vote. Probably because he was off spouting something racist or hateful. Give you one guess who it is.

 

[Domminigan]

Mormons DO go door to door... maybe not in CO, but in ID they do!
Offered to discuss my relationship with god over a beer with 'em, but they turned me down.

Ohhhh... I was getting those dudes confused with Jehovas witnesses (sp?). Those ****ers have came to my house.

My friend has a very passive approach. He's Catholic, and his front yard shows it. Statues of Mary and St. Francis seem to be a repellent.

 

[Vic_Sinclair]

Actually, by the letter of the law, it is not legal without a license and there is no possibility of a homebrewer to get a license because the Feds won't issue one without a commercial intent (to simplify a longer discussion). The state of Utah will not issue a brewing license until a Federal license is issued. Therefore, it is not possible for a resident of Utah to get a license without putting up a bunch of cash and starting a business. This bill will get rid of that obstacle for the homebrewer that makes beer or wine for personal consumption or competitions.

OK, So I'm wrong on it being a crime, but what do the feds have to do with it? Isn't this entirely a state matter?

 

[Snuffalupagus]

I think a lot of laws are written so that they are not really enforced but in place to make you a criminal when you aren't really doing anything wrong .

you ain't a criminal till you get caught... :rockin:

a scofflaw? sure, a rebel? most definitely!

A fugitive even...

but until have your day in court... not a criminal

 

[knipknup]

The Utah law specifies that a license will not be issued unless a person is first issued some kind of thing (license?) Bt the ATF. Utah will not even consider issuing a license w/o the fed approval thingy.

 

[Malticulous]

The senate seems content to screw up this law by limiting the transport of one six pack per person per year and 2 onces per judge per event. The house hasn't went along with them yet.

Right now we are punishable by up to a $1000 fine and up to six months in jail.

 

[Christian]

I guess it did pass and the house got the 6-pack amendment taken out. I am pretty sure Huntsman will sign this into law.

 

[nebben]

Well , it's just about a done deal. Just waiting for the gov to sign off on it now. *sniff* ... so long, sweet rebellion!

 

[pompeiisneaks]

lol yeah I'm not sure how much longer it will take, but I for one have mixed feeling, finally I'm legit, and yet, no longer a rebel!

 

[toastermm]

It happened- only 2 more states to go!

t r u t h o u t | Grassroots Beer Brewers Score a Victory in Utah

good quote- "I'm not comfortable with home brewing," Bell said to the Deseret News. "It seems fraught with mischief to me."

--quote from Senate Majority Assistant Whip Gregory Bell

 

[Brewsmith]

It happened- only 2 more states to go!

Four more...

"However, Mississippi, Kentucky, Alabama and Oklahoma still outlaw the craft."

 

[toastermm]

Four more...

"However, Mississippi, Kentucky, Alabama and Oklahoma still outlaw the craft."

Really! For some odd end reason I did not know about Mississippi and Oklahoma. That's what I get for skimming the article.

 

[nebben]

Alright, it's official. Gov signed on 3/24/2009 . My neighbors will love me even more now that I will ramp up production in the backyard instead of the kitchen.

 

[pompeiisneaks]

heheh I'm stoked we're legit... wait now its not as fun, I'm no longer illegal ;P

 

[ClutchDude]

Congrats Utah Homebrewers! Hopefully this will remove any remaining opposition to homebrewing in other states!

 

[mrkristofo]

Victory Is Ours!!!!

 

[tiko]

awesome. the spring and summer will be great. now about that distilling thing. ok maybe thats pushing it. you know, if anyone cares about the law anyway. i know a guy at the local atf who admitted to me some fellow agents homebrewed before it was legal.

 

[obezyana1]

Gee, it only took them 75 years after the end of prohibition. Funny Utah was the last state to ratify the 21st Amendment that nullified the 18th Amendment and ended prohibition, but they aren't the last to allow homebrewing. It looks like a bit of progress has been made there. It seems people are finally realizing homebrewing is not synonimous with crack making.

 

[rico567]

Just to provide something of a contrarian view of the general "let's pile on Prohibition" tone of this thread, if you examine the history of the topic, there were reasons that Prohibition happened- real, honest-to-yeast rational reasons.....which I will not explore here, anyone interested in such history can easily find out for themselves.

Was Prohibition a good idea? It's merely preaching to the choir to state "probably not." Could it happen again? Emphatically yes! There is a movement of "New Drys" today; such organizations as M.A.D.D. have basically been hijacked from their original focus and become prohibitionists.

The tone accompanying a lot of "alcohol culture" (including, unfortunately, a percentage of homebrewers and the micro/craft brewing industry) tends to give ammunition to these people. The disclaimers accompanying lots of ads and commercials that state "drink responsibly" often do nothing to offset the tone of the advertising itself. The main support in government for alcohol may be ascribed solely to the expectation of, and fear of loss of revenue or employment, and has nothing to do with any right to consume alcohol.

We may be in a "golden age" of brewing now, from our limited perspective of what's happened to homebrewing or the micro/craft industry over the past several decades. But a more universal principle is "What goes around, comes around." This is something that huge numbers of people -worldwide- appear to have forgotten in the current slide into recession, but it is a consistent pattern throughout our history.

 

[ScottyT]

The ONLY good thing about Prohibition is that its advocates understood that it required an actual amendment to the Constitution. Unfortunately politicians these days prohibit drugs outside the realm of their constitutional authority.

 

[ArcaneXor]

Congratulations to all our brewing brothers and sisters in Utah!

 

[JDJ]

I am now free to mention that I'm in Utah, and my name is Jeff!

I am no longer an outlaw.

 

[carnevoodoo]

now about that distilling thing..

I want to say hell yes to this. I want to make whiskey.

 

[carnevoodoo]

Oh, and congrats to you backwards mother****ers!