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Legal Facts
Alcohol laws have changed throughout history and have influenced the age requirements, quantity, and distribution of home brewing. Home brewing was federally legalized in the United States in 1978 for the first time since prohibition made it illegal in 1919[1]. Restrictions on home brewing were lifted in the UK in 1963, Australia followed suit in 1972, and the United States in 1978, though individual states were allowed to pass their own laws limiting production[2].
Legalization by State
The 21st Amendment predominantly leaves regulation of alcohol to the states[3]. Therefore, even though home brewing is federally legal, it is still up to individual states to legalize home brewing in state codes. The vast majority of states have legalized home brewing, though laws regarding home brewing vary widely. Home brewing is currently legal in 48 states. The remaining states where home brewing is not yet legal include: Alabama and Mississippi. Oklahoma is the last state to have legalized home brewing, having passed legislation to legalize home brewing in 2010[4]. Several state laws have ambiguous laws which don't explicitly say if it's legal to home brew. These states include Louisiana, Maine, Nevada, New Hampshire, New Mexico, and New York[5].
To find more specific information about individual state regulations on home brewing click here.
Age Requirement
In order to home brew, at least one individual in the household must be 21 years of age. Although there needs to be at least one person over the age of 21 to home brew, there isn't an age requirement to buy the supplies to home brew.
Quantity
Most states allow 100 gallons of beer per person over the age of 21 per year and up to a maximum of 200 gallons per household annually when there are two or more adults over the age of 21 residing in the household[6].
Distribution
Home brewing is legal in most states. However, distribution is not legal in the United States. The purpose of home brewing is for consumption by the brewer and household and home brewers are restricted from selling any beer they brew.[7]. Alcohol is taxed by the federal government and it would lose a substantial amount of tax dollars if individuals sold home brewed beer tax-free.
[1]http://raiseyourpints.com/legalizing-homebrewing
[2]http://www.bvrgelements.com/resources.html
[3]http://gryphonsongclan.com/?page_id=53
[4]http://www.homebrewersassociation.org/pages/community/blog/show?title=homebrew-legalization-in-al-ms-ok
[5]http://www.fermentarium.com/industry/homebrewing-is-illegal/
[6]http://www.homebrewersassociation.org/pages/community/blog/show?title=homebrew-legalization-in-al-ms-ok
[7]maltmunchingmashmonsters.com/files/20090414Talk2_Laws.pdf
Legalization by State
The 21st Amendment predominantly leaves regulation of alcohol to the states[3]. Therefore, even though home brewing is federally legal, it is still up to individual states to legalize home brewing in state codes. The vast majority of states have legalized home brewing, though laws regarding home brewing vary widely. Home brewing is currently legal in 48 states. The remaining states where home brewing is not yet legal include: Alabama and Mississippi. Oklahoma is the last state to have legalized home brewing, having passed legislation to legalize home brewing in 2010[4]. Several state laws have ambiguous laws which don't explicitly say if it's legal to home brew. These states include Louisiana, Maine, Nevada, New Hampshire, New Mexico, and New York[5].
To find more specific information about individual state regulations on home brewing click here.
Age Requirement
In order to home brew, at least one individual in the household must be 21 years of age. Although there needs to be at least one person over the age of 21 to home brew, there isn't an age requirement to buy the supplies to home brew.
Quantity
Most states allow 100 gallons of beer per person over the age of 21 per year and up to a maximum of 200 gallons per household annually when there are two or more adults over the age of 21 residing in the household[6].
Distribution
Home brewing is legal in most states. However, distribution is not legal in the United States. The purpose of home brewing is for consumption by the brewer and household and home brewers are restricted from selling any beer they brew.[7]. Alcohol is taxed by the federal government and it would lose a substantial amount of tax dollars if individuals sold home brewed beer tax-free.
[1]http://raiseyourpints.com/legalizing-homebrewing
[2]http://www.bvrgelements.com/resources.html
[3]http://gryphonsongclan.com/?page_id=53
[4]http://www.homebrewersassociation.org/pages/community/blog/show?title=homebrew-legalization-in-al-ms-ok
[5]http://www.fermentarium.com/industry/homebrewing-is-illegal/
[6]http://www.homebrewersassociation.org/pages/community/blog/show?title=homebrew-legalization-in-al-ms-ok
[7]maltmunchingmashmonsters.com/files/20090414Talk2_Laws.pdf