Crime

Could Gov’t Use Home-Brew Laws to Crack Down on Citizens?

MADISON, Wis. (AP) — About the only thing Kevin Flynn enjoys more than drinking his home-brewed beer is sharing it with fellow beer club members at festivals and tasting competitions. So Flynn and his buddies were shocked to discover that Wisconsin law prohibits sharing homemade suds anywhere outside the brewer’s home.

The law could “pretty much be the end of competitions in Wisconsin,” he lamented. “At least legal ones.”

An explosion of interest in home brewing is forcing lawmakers across the country to review long-forgotten alcohol laws, some of which date back to Prohibition. Although the old rules have rarely been enforced, beer enthusiasts fear they could criminalize the rapidly growing hobby and kill scores of annual tasting events that bring tourists to small towns and cities.

Outdated Home Brew Beer Making Laws Concern Some

In this Sept. 17, 2011 photo, Amber Hill, left, and her father, Howard Hill, wait to sample another beer at the annual Great Lakes Brew Fest at the Racine Zoo in Racine, Wis. An explosion of interest in home beer brewing is forcing lawmakers across the country to review long-forgotten alcohol laws, some of which date back to Prohibition. (AP Photo/The Journal Times, Mark Hertzberg)

In Wisconsin, Flynn and other home brewers may soon be off the hook. The state Legislature last week passed a bill to allow them to transport homemade beer and wine and to share it with other adults. Brewers will still not be permitted to sell anything they make, and they will remain exempt from permit requirements and taxes.

The proposal now heads to Gov. Scott Walker, who plans to sign it into law.

At least 17 states have ambiguous laws on whether home brewers can transport beer or wine outside the home, according to the American Homebrewers Association in Boulder, Colo.

The patchwork of rules can be frustrating for hobbyists who would prefer to spend their time exchanging recipes for pale ale or rhapsodizing about different varieties of hops, barley and yeast.

Some states – including Georgia and South Carolina – have restrictions similar to Wisconsin’s. In Kansas and Minnesota, home brewers can only make beverages for themselves or family members. Other states permit homemade beer and wine to be consumed by guests, too, as in Arizona, Hawaii, Idaho and Illinois.

A few states have been slow to accommodate the trend. Utah just legalized home brewing in 2009, and Oklahoma followed in 2010. Mississippi and Alabama are the only states that still forbid it.

Dan Grady of the Wisconsin Homebrewers Alliance, who led the legislative effort to revise Wisconsin’s law, said beer-makers need to be watchful in case states try to use the issue to generate money for their tight budgets.

“States are under enormous pressure. It’s a revenue issue,” he said. “Everything is on the table these days.”

Gary Glass, director of the home brewers association, said it’s a balancing act when considering whether to pursue a change in the law.

“The question becomes, at what point does a home brewing community want to take on having the law changed if it‘s not really having an impact to what they’re doing?”

Glass, who organizes the group’s popular national conference, said he’s had trouble securing a venue in states with vague home brewing laws. The conference, which changes its location annually, brings in $500,000 to local economies.

A grassroots reform effort succeeded last year in Oregon, where the law had been similar to Wisconsin’s. Glass, who helped draft Wisconsin’s bill, said the legislation’s demise would have set a bad precedent for home brewing.

“In this economy, you‘re stifling an industry that’s growing,” he said. “It sounds like a bad move.”

More than ever, people with little or no experience brewing beer or other fermented beverages are investing in kits and ingredients to make their own. The hobby has expanded into a vibrant beer culture, with brewers freely sharing their concoctions among neighbors and friends and in clubs and competitions.

Last year, there were 411 beer competitions sanctioned by the home brewers association and the Beer Judge Certification Program. That’s up from fewer than 100 in the early 1990s.

“Back in the day, everybody thought home brewing would just be what your grandfather would do,” said Jason Heindel, president of the Beer Barons of Milwaukee Cooperative.

Home brewing has also helped invigorate the booming craft brewing industry. And it’s generated a cottage industry of its own. An annual survey of brewing supply shops around the country showed an increase in sales for beginner brewing kits, according to the home brewing association.

Home brewing was illegal in the United States until 1978, when the federal government lifted Prohibition-era restrictions on making alcohol in the home. The revised law allowed homemade beer and wine to be offered at tasting competitions but also left most alcohol regulations up to individual states. So many states have their own home-brewing rules that supersede federal policies.

In Wisconsin last year, brewers were caught off guard when the state Department of Revenue ruled that it was illegal for home brewers to share beer outside the home. The decision came after Racine officials inquired about a contest known as the Schooner Home Brew Competition.

After the department’s announcement, organizers quietly moved the contest, one of the state’s largest, from Racine to nearby Union Grove. But they didn’t advertise it because they feared possible fines.

Grady said home brewers in other states can learn from Wisconsin.

“Home brewers need to look at their state law, because they might be just as ambiguous as Wisconsin,” he said. “And if there’s ambiguity, they need to contact their lawmakers to get them clarified, much like we’re doing here.”

Comments (56)

1 2
  • jcldwl
    Posted on March 23, 2012 at 3:49pm

    I believe some of you did not read the article. It was about the gathering and sharing of homebrews with others outside the home. Ridiculous I agree but it is stated in the article there are only two states that don’t allow home brewing. That would be Mississippi and Alabama. All others allow home brewing but they may not allow gatherings of people outside their homes to share the different brews. If you are brewing don’t stop. You will probably need it for bartering in a few more months. Not to mention the money is saves with the increasing prices. Brew, Distill, Garden, Raise Chickens if you can. Be as self sufficient as possible.

    Report Post » jcldwl  
    • Rocky_Top
      Posted on March 23, 2012 at 6:09pm

      I am not sure if anyone read this or understands it. I am a wine maker and a member of a wine making forum. each state has laws on brewing and wine making plus the fed has it’s laws. if you are lucky you live in a state like TN that uses the fed’s laws that say that you can make up to 100 gallons per year per person in a house hold with a limit of two people per house. (basicly 200 gallons per house if two or more people over 21 live in a house) you are not permited to distill !! you are not permited to sell. It is for personal use only. Most state will allow you to intertane friends in your home. These events (hundreds of people at the civic center) are pushing the laws past the limit. In the long run these events make the cities money (hotels , food , turrist traps , ect ) The gov gets money from the hotel and ect taxes) So the new law would make this leagal without taxing the alcohol. The problem is if brewers push the law that the states are not enforcing the tables could turn and home brewing could become illeagal. The fed’s laws are to insure that you are not brewing to sell . ( tax and health reasons)

      Report Post »  
    • Rocky_Top
      Posted on March 23, 2012 at 8:33pm

      Please do not blame TN for my poor spelling. (intertane entertain turist tourist) I am from NH

      Report Post »  
  • Murkman
    Posted on March 23, 2012 at 2:21pm

    This is great news indeed. I hadn‘t heard that all of society’s ills had been solved. When did this happen and how did I miss it? No matter, now we can get down to the bidnezz of clamping down on all this beer nonsense!

    Report Post »  
  • thegreatcarnac
    Posted on March 23, 2012 at 1:48pm

    What a dumbazz, stifling country we have become because of liberals.

    Report Post »  
    • lukerw
      Posted on March 23, 2012 at 8:13pm

      How will future generations Live Down… their Stupid Genetic Heritage?

      Report Post » lukerw  
  • Penn
    Posted on March 23, 2012 at 12:52pm

    Boy, I feel soooooo much safer now. What’s next, plastic scissors for barbers?

    Report Post »  
    • circleDwagons
      Posted on March 23, 2012 at 2:14pm

      We MUST elect romney or santorum or obama. Big Government knows best

      Report Post » circleDwagons  
  • searching for the Truth
    Posted on March 23, 2012 at 12:35pm

    Life’s unintended consequences – life is full of them – having legislation to stop one activity starts another. What would have been the consequence, if the pilots of commercial airplanes would have been allowed to carry weapons that bleak day September 9 – would it have cancelled out the chain of events that left our world in such disarray – maybe not – who knows. But, it is within our nature to persevere – to defend ourselves and our freedoms. Take our freedoms away – then what is left – life of unintended consequences.

    Report Post »  
  • right-wing-waco
    Posted on March 23, 2012 at 12:29pm

    The latest government regulations just in. Effective immediately, there will be no breathing on Tuesdays without a permit.

    Isn’t it about time we throw out all these stupid, outdated laws and restore some good old fashion freedoms to the country?

    Report Post »  
    • right-wing-waco
      Posted on March 23, 2012 at 1:15pm

      No permits will be permitted.

      Report Post »  
    • OhioRifleman
      Posted on March 23, 2012 at 2:53pm

      No permits will be issued for the issuing of permits for the privilege of breathing on Tuesdays. So Sayeth The 0bumbler, so shall it be.

      (Serious from here on out) If we don’t get a handle on this crap, it will annihilate us. I know this crap has been getting bad, but this is just plain obnoxious.

      Report Post » OhioRifleman  
    • jhrusky
      Posted on March 23, 2012 at 3:31pm

      This isn’t about permits. This is about the ability to collect taxes. Follow the money.

      Report Post » jhrusky  
  • right
    Posted on March 23, 2012 at 12:29pm

    The govt wants to control every little thing in your life and of course they want to tax it too.

    Report Post »  
  • skiz
    Posted on March 23, 2012 at 12:25pm

    One more freedom down the drain! WHEN WILL WE STAND?

    Report Post » skiz  
    • hidden_lion
      Posted on March 23, 2012 at 1:59pm

      This freedom was taken a long time ago. It is long past time to purge our laws of all the junk collected over the years.

      Report Post » hidden_lion  
  • USAMEDIC3008
    Posted on March 23, 2012 at 12:04pm

    If I use in my gas tank and cross state line
    would that bring the FBI or ABC or DOT
    to my door

    Report Post » USAMEDIC3008  
  • Stephen Markovich
    Posted on March 23, 2012 at 12:02pm

    government sucks doggie dickies

    Report Post »  
  • Itsjusttim
    Posted on March 23, 2012 at 11:50am

    Bum bababum bum bum bummmm bum bum bummm. My Lord, the Imperial Gogs and Magogs are wrestling for the advanced technology under the dress of America.

    Report Post » Itsjusttim  
    • scuba13
      Posted on March 23, 2012 at 3:27pm

      Those pills you are taking are actualy suppositories Tim, Iv’e explained this to you before.

      Report Post » scuba13  
  • jerryod1627
    Posted on March 23, 2012 at 11:50am

    Another example of the over reach of the government, some of it stemming back years ago. The government passed these stupid laws knowing that they were unenforcable but did it as a prevention measure. When these laws were no longer useable no one bothered to repeal them, thus you get a communist regime like the obama regime and they use these unknown laws against the people. What a mess our system is in!

    Report Post »  
  • HorseCrazy
    Posted on March 23, 2012 at 11:41am

    I do not drink at all ever but leave these people alone. I am tired of the over reach. hey government butt out once again you overregulate and shut down things for big brother reasons….because you know better right? we all know the wonderful example you set. so sick of it

    Report Post »  
  • COFemale
    Posted on March 23, 2012 at 11:36am

    One of my ancestors was one of the first to open a brewery in Kentucky making bourbon in the 1800′s. I’d like to think that perhaps his recipe is what built the fine Kentucky bourbon we find today, but I have no proof. Imagine what would have happened if he was not allowed to brew back then due to regulations. Democrats can’t even recognize they are stifling ingenuity and entrepreneurs with all their crappy regulations.

    Oh someone fell off a swing and died – ban all swings.
    Oh someone spilled hot coffee taking a lid off while hold it between her legs – write “Contents may be hot” – NO Sh_____ Sherlock. Common sense would tell you this.
    Oh someone had a hang nail – cut off their fingers.

    As each regulation is created, the more idiotic they get. One person dies and the left goes off the deep end. How about letting society take care of society and you stay out of our lives. I came into this world without you, I can go out of this world without you.

    Report Post » COFemale  
  • sawbuck
    Posted on March 23, 2012 at 11:24am

    Now that they see this PIE is big enough….
    The MAN wants his cut.
    And Bar owners don’t like anyone cutting into their action too
    They already see a drop in revenue , do to the anti-smoking laws .
    Just ask any bar-owner in the dead of winter.
    The Home …Is the new ( speak-easy) .

    Report Post » sawbuck  
  • BlackCrow
    Posted on March 23, 2012 at 11:23am

    They don’t want you drinking home brewed milk either.

    http://www.examiner.com/finance-examiner-in-national/judge-wisconsin-rules-citizens-do-not-have-rights-on-what-they-grow-or-eat#ixzz1Zlnowfem

    I’d be leaving Wisconsin if it was me.

    Report Post » BlackCrow  
  • FeliciaJewel
    Posted on March 23, 2012 at 11:18am

    I have an idea, to the people of America STOP living!!!! Don’t breathe!!! Don’t drive!!! Don’t eat!!! Don’t smoke!!! Don’t talk!!! Don’t believe!!! Don’t smile!!! Don’t frown!!! Don’t laugh!!! Don’t cry!!! Don’t care!!! Don’t like!!! Don’t dislike!!! Don’t feel!!! Don’t build!!! Don’t invent!!! Don’t look!!! Don’t hear!!! Don’t drink!!! Don’t dress!!! Don’t undress!!! Don’t pursue!!! Don’t analyze!!! Don’t read!!! Don’t write!!! Don’t work!!! Don’t invest!!! Don’t do anything at all… we have people that can do that for you. The list goes on and on! Please I am begging DON’T TRY TO LIVE MY LIFE!!!!!

    Report Post » FeliciaJewel  
  • kickagrandma
    Posted on March 23, 2012 at 11:18am

    Remember 12 noon today guys at your courthouse or in your own house: PRAYING FOR RELIGIOUS LIBERTY IN AMERICA and against the control by the roaches-in-charge.

    Report Post »  
  • KevINtampa
    Posted on March 23, 2012 at 11:16am

    I’m suddenly thirsty.

    Report Post »  
  • SpankDaMonkey
    Posted on March 23, 2012 at 11:02am

    .
    Have to laugh, we tried our hand at the Home Brew once. Then one night the wife woke me up and said someone was breaking into the house. Turned out to be my Bottled Beer Exploding in the garage. What didn’t blow up was pertty good lol…..

    Report Post » SpankDaMonkey  
  • Dougral Supports Israel
    Posted on March 23, 2012 at 11:02am

    As regulations proliferate I am starting to adopt the attitude of “just go ahead and do it”. If I am not harming another person by what I am doing I may feel inclined to ignore government regulation, especially if they don’t have a good way of enforcing their edicts. Government may be able to crack down on open competitions but they will have a hard time stopping someone from quietly brewing up some tasty drink in their basement.

    Report Post »  
    • KevINtampa
      Posted on March 23, 2012 at 11:17am

      I am a man.

      I will not comply.

      Report Post »  
    • justangry
      Posted on March 23, 2012 at 11:18am

      See there’s a Libertarian streak in you. There’s one in most Americans whether you all want to admit it or not.

      Report Post » justangry  
  • THXll38
    Posted on March 23, 2012 at 11:00am

    Between the social cons and modern day liberals, there won’t be much freedoms left. Brew beer all you want people and tell the government to shove there laws up there bureaucratic asses.

    Report Post » THXll38  
    • justangry
      Posted on March 23, 2012 at 11:23am

      “Your honor, at this point in time, I am forced to decide whether I accept the founders’ vision of this country or YOURS… ” I have a feeling I’ll be doing some time in the county pokie for that line soon.

      Report Post » justangry  
    • Stoic one
      Posted on March 23, 2012 at 12:30pm

      go Frank Reardon on them…………….

      Report Post » Stoic one  
  • christopherestep
    Posted on March 23, 2012 at 10:55am

    I’m sorry, you want to serve alcohol, you abide by the laws. All of the legal bars & establishments have to jump through the hoops and it’s harmful to them. You don’t like the law, change it.

    Report Post »  
    • RJJinGadsden
      Posted on March 23, 2012 at 11:03am

      Agree, that is the best way to go with these old and unused laws. If the clubs or the whole gathering of competing clubs within a state can pool enough money they should hire lawyers to assist with the removal of these laws. BTW, this has nothing to do with 0bama. For the most part these laws date back to the days before FDR and Prohibition. If it takes it, get out there and burn shoe leather to get petitions signed.

      Report Post » RJJinGadsden  
    • COFemale
      Posted on March 23, 2012 at 11:25am

      There is a difference between brewing beer to sell and brewing beer as a hobby..If you are brewing for competition in a club and you aren’t selling there is no need to follow the same rules as pubs and bars. The only reason the government is in our lives is not to protect us, but to find a way to regulate and tax the things we want to do in our own home. It is all about money with them and POWER. Until more Liberals get that through their thick skulls, it is going to be an uphill battle.

      Report Post » COFemale  
    • Cactusjack
      Posted on March 23, 2012 at 11:27am

      Let me guess, Christophere, your either a, teetotaln’ religious zealot, prohibitionist and or an advocate of big brother government, either way you should get out from under your rock more often. If I read correctly, changing the laws is exactly what they’re doing? BEER…..It‘s not’s just for breakfast anymore. Cheers!

      Report Post » Cactusjack  
  • SamIamTwo
    Posted on March 23, 2012 at 10:41am

    http://www.whitehouse.gov/blog/change_has_come_to_whitehouse-gov/

    If you have an IDEAL…let el presidente know about it…

    Just hide yourself away, cause the SS will come a knocking at your door.

    Report Post » SamIamTwo  
    • SamIamTwo
      Posted on March 23, 2012 at 10:43am

      Excerpt from the web site…Participation — President Obama started his career as a community organizer on the South Side of Chicago, where he saw firsthand what people can do when they come together for a common cause. Citizen participation will be a priority for the Administration, and the internet will play an important role in that. One significant addition to WhiteHouse.gov reflects a campaign promise from the President: we will publish all non-emergency legislation to the website for five days, and allow the public to review and comment before the President signs it.

      Report Post » SamIamTwo  
    • SamIamTwo
      Posted on March 23, 2012 at 10:45am

      Just imagine if you will over 4M conservatives filling out that bloody form with the same ideal, eh?

      Now would he, could he, put us all in the calaboose?

      Report Post » SamIamTwo  
  • EqualJustice
    Posted on March 23, 2012 at 10:32am

    Unreal! My grandmother showed us how to make homemade rootbeer when we were kids and mnay of my firends now make their own wine. Could this be illegal? WHY does the government have to get involved in EVERY aspect of our lives? It’s getting annoying!

    Report Post » EqualJustice  
    • USPATRIOT101
      Posted on March 23, 2012 at 10:34am

      Thats all I hear from barack’s administration, control, control, control…..

      Report Post » USPATRIOT101  
    • Snowleopard {gallery of cat folks}
      Posted on March 23, 2012 at 10:42am

      @US Patriot…

      Indeed – control and power; using fear, force and intimidation to establish their dominance over all others who they can. The rest will be eliminated.

      Report Post » Snowleopard {gallery of cat folks}  
    • Damn the Taxes - Full Speed Ahead
      Posted on March 23, 2012 at 11:55am

      Even though this law was probably on the books since the 1920′s, I bet that many here will blame president Obama!

      And in other news, there is this REAL LAW — In Maine, It’s Illegal To Have Christmas Decorations Up After Jan. 14….

      So you can blame Obama for this one as well! And I bet that many a Maine policeman will be checking homes in Maine on January 15th so you all better take down your Christmas decorations!!! BwaHHHH

      Report Post »  
1 2

Sign In To Post Comments! Sign In

Sign Up For Our Newsletter!

Glenn Beck Radio

Listen to Glenn Beck 24/7 Listen Now
Restoring Love