Home Brewing to be Legal in All 50 States

News, Rights

homebrewing - originalLast Tuesday, the Alabama Legislature passed a bill ending the state’s prohibition on home brewing. Two days later, Governor Robert Bentley signed the bill, making home brewing legal in the state of Alabama. The Alabama-based advocacy group Right to Brew celebrated the decision.

Alabama Last State to Pass Home Brewing Law

Alabama House Bill 9, sponsored by Rep. Mac McCutcheon, passed after some debate with a vote of 18-7-1 on Tuesday, May 7. Governor Bentley signed the bill without delay, and the law went into effect immediately. That makes Alabama the 50th state to pass such a bill, and the 49th state allowing home brewing; Mississippi passed a similar bill in March but it won’t go into effect until July.

Home brewing was illegal during Prohibition, and remained illegal at a federal level until 1978 when President Jimmy Carter signed a law lifting the ban. States were left to pass their own legislation regarding home brewing laws.

States regulate home alcohol production, limiting the quantity a home brewer can produce and stockpile. The Alabama law limits production to 15 gallons every 3 months, with no more than 15 gallons stored at home at one time. Alcohol must be below 14 percent alcohol by volume.

While rare, it was not unheard of for Alabama state agencies to pursue people involved in home brewing. Just last year, the Alabama Beverage Commission raided a beer and wine store in Birmingham and confiscated home brewing equipment worth thousands of dollars. An Alabama man was arrested in 2010 for home brewing, and it seems that his elaborate equipment was mistaken for a still. Stills remain illegal in all 50 states without the requisite permits filed and excise taxes paid.

Increase in Popularity of Home Brewing

Home brewing, which includes cider, sake, and mead, as well as beer, has grown in popularity over the last decade. The trend has grown especially among the under-30s. Home brewing enthusiasts can buy kits and supplies, learn techniques from books and blogs, and even compete against other home brewers in dozens of competitions nationwide. The American Homebrewers Association, with over 30,000 members, estimates that 1 million Americans brew beer at home every year.

Hobbyists can experiment and make small batches of beer with unique flavors. It’s possible to save money on beer by making your own, but it’s equally possible to spend thousands of dollars for evermore elaborate pieces of equipment.

Once Mississippi’s law comes into effect this July, home brewers in all 50 states can engage in their hobby without fear of criminal prosecution.