Homebrewing is Legal in Most, but not all, U.S. States.
Homebrewing is a hobby growing in popularity. It requires time and patience, but homebrewers across the land realize the immense satisfaction that results from a job well done. The great feeling of accomplishment that accompanies a newly brewed batch of beer that tastes fresh and delicious is one of life’s many hidden treasures.
Homebrewing is something we take for granted today, but its status as a legal hobby is relatively recent. Few are aware that President Jimmy Carter is responsible for legalizing homebrew in 1978, following a 59- year hiatus. Homebrewing and wine making were both legal before prohibition, but they were outlawed when prohibition became law in 1919. It took all the way until 1978 for brewing beer in the home to once again become a legal activity. Jimmy Carter’s signature on House Resolution 1337 on October 14, 1978 brought homebrewing back into the kitchens of thirsty beer hobbiests all over the United States.
Is homebrewing legal everywhere in the United States? Unfortunately, the answer to that question is, not quite. Today, forty- seven out of the fifty U.S. states have made homebrewing legal. Utah was the most recent state to legalize homebrewing, passing its law in May, 2009. But three non- homebrew states still remain: Alabama, Mississippi, and Oklahoma. It is hard to believe that an act as simple as brewing beer in the home is still not legal in these three states. The backwardness of lawmakers and others in these three states is odd and amusing, but there is still hope that they, too, will legalize homebrewing in the near future.
While homebrewing is legal, one thing is not: Selling your homebrew. Because the sale of beer involves compliance with so many laws and regulations, selling homebrew is strictly forbidden. This doesn’t mean you can’t enjoy a homebrew with friends and family or critique the homebrew of a friend during a homebrewers club meeting. It only means that you cannot attach a price tag and sell your homebrew. Homemade beer is intended for personal enjoyment only. If you want to sell your beer, you must establish a brewery, brewpub, or similar operation. This is no easy feat, and most homebrewers will likely keep their day jobs and stick with homebrewing as a hobby when they realize the legal hurdles that must be cleared to open up a brewery. Even a small brewpub requires greater commitment and legal compliance than many realize.
Brewing beer is a relaxing and satisfying hobby and more than 750,000 people partake in this activity each year in the United States alone. Many homebrewer’s clubs exist and homemade beer has even reached its way to commercial success in some instances (like in Boston Beer Company’s national “Longshot” competition). If you live in one of the forty- seven states where homebrewing is legal, seek out homebrewing clubs, share secrets, experiment with creative ingredients and techniques, and enjoy your hobby to the fullest!
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