May I move by home-brewed beer out of State?
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alane1
Well-Known Member
If moving your homebrew out of state you would no longer be in Ohio, therefore out of that states juristiction.
Firebat138
Well-Known Member
I believe the Bandit did this with commercial beer.... You are fine, just watch out for Smoky
Xpertskir
Well-Known Member
its only illegal if you get caught.
Gameface
Well-Known Member
If it's your beer and you are only moving it from your old house to your new house then I highly doubt it will ever be questioned. How would you expect anyone to find out?
TimpanogosSlim
Well-Known Member
It is not as though you are selling it.
MaddBaggins
cervisiam vitae
{pulled over by State Trooper near border}
Well boy, what you hauling in that Uhaul? You wouldn't have any homebrew in there would ya? We frown on that kinda thing in these parts. Don't you lie to me boy. You best open her up and let me have a look-see.
You're so screwed.
Well boy, what you hauling in that Uhaul? You wouldn't have any homebrew in there would ya? We frown on that kinda thing in these parts. Don't you lie to me boy. You best open her up and let me have a look-see.
You're so screwed.
Not really. "Getting caught" is not relevant to an act being legal or not.
Having said that, transport of alcohol across State lines falls under Federal jurisdiction, not individual States. AFAIK, it's not illegal. I highly doubt you'd ever get in any trouble, even in the unlikely event you did get caught.
In other words, don't worry about it.
Willum
Well-Known Member
lol
MaddBaggins
cervisiam vitae
You know why I pulled you over , meow?
Ohio's homebrewing laws are pretty ambiguous so it's hard to say.
In some states, the laws state things like "to be consumed in the home, by the owner and his family" which means that legally I wouldn't be able to take my own homebrew out to my campsite, or even leave the house with it in those states.
Of course, in some states homebrewing itself is still illegal.
The only way to know is to read through your state's law and see if you can discern if it is ok. Then read through the laws in the state you are entering to see if they are clear about this issue. Some are, but most aren't.
Here's a good resource for basic homebrewing laws in each state: http://www.homebrewersassociation.org/pages/government-affairs/statutes/ohio
In some states, the laws state things like "to be consumed in the home, by the owner and his family" which means that legally I wouldn't be able to take my own homebrew out to my campsite, or even leave the house with it in those states.
Of course, in some states homebrewing itself is still illegal.
The only way to know is to read through your state's law and see if you can discern if it is ok. Then read through the laws in the state you are entering to see if they are clear about this issue. Some are, but most aren't.
Here's a good resource for basic homebrewing laws in each state: http://www.homebrewersassociation.org/pages/government-affairs/statutes/ohio
Reallly though. I dont think "enforcement" even knows about it to enforce it anyway. I "think" the laws are mostly concerend about operation of selling/distributing it what it boils down to.
Personally if i brewed it I wouldnt get rid of it, its mine. But there are laws. Almost everybody I see daily speeds on the highway even into town with ruduced speed signs they completely ignore them- unless there is a cop sitting there.
It would be interesting to see what the penalty is though. I mean sending it USPS is a federal crime which many probably dont know.
Personally if i brewed it I wouldnt get rid of it, its mine. But there are laws. Almost everybody I see daily speeds on the highway even into town with ruduced speed signs they completely ignore them- unless there is a cop sitting there.
It would be interesting to see what the penalty is though. I mean sending it USPS is a federal crime which many probably dont know.
TimpanogosSlim
Well-Known Member
Transporting alcohol over state lines is largely a tax issue. If i bring booze home from a trip i have failed to pay utah state taxes on it and the utah state trooper can confiscate it.
But homebrew cannot legally be sold, so it would be difficult to argue that it was purchased or packaged for sale.
But homebrew cannot legally be sold, so it would be difficult to argue that it was purchased or packaged for sale.
I dont see why you would have to pay a tax on something purchased in another state.It would be like buying it again when its already bought.
I think them not knowing if you are selling it or not is the reason for having the laws(not completly though),allowing someone to brew gives them potential to sell it even,even if illegally which probably makes the state(or BMC lobbyists) nervous. Im not trying to argue,just sharing my view.
I think them not knowing if you are selling it or not is the reason for having the laws(not completly though),allowing someone to brew gives them potential to sell it even,even if illegally which probably makes the state(or BMC lobbyists) nervous. Im not trying to argue,just sharing my view.
Because they have guns and jails. Or, to put it another way, because they can.
http://www.boe.ca.gov/sutax/faqusetax.htm
craigger64
Well-Known Member
Let's say you were to be pulled over....how would they be able to prove that it's homebrew vs. commercial beer? Remember they have to be able to prove something in a court of law and I don't think there is a DA out there that has the time/resources to bother with this.
TimpanogosSlim
Well-Known Member
Honestly how much brew are we talking about? Why do you think you would get caught?
You'll be fine.
You'll be fine.
This begs the question: If you drink the homebrew, how long do you have to wait before you can leave Ohio? Kind of like waiting an hour before you go swimming.
How far are you from the state line and how fast can you drink?
Yeah really all you would have to do is brew and not pull the labels off of the commercial beer bottles to put it in. If that were the case thats probably what i would do if i was that worried about it. What are they going to do take them for testing or open them up and go " Oh my god this is so estery or green or it just has that homebrew aroma/taste to it" ?
TimpanogosSlim
Well-Known Member
Is there even a state where home brewing is actually illegal? I see a few states where the laws only refer to production for sale, and oklahoma requires a permit if you are over 4.0abv, South carolina restricts you to 5.0abv, west virginia limits you to 6.0abv. Home brewing in utah is explicitly legal but you are curiously restricted to transporting 72 ounces per intended drinker.
RDWHAHB
RDWHAHB
GarageDweller
Well-Known Member
F the police!
and the 5-0 too!
nestar:
and the 5-0 too!
nestar:TimpanogosSlim
Well-Known Member
Alabama does not have a statute that recognizes homebrew. They have a law against possession of illegally manufactured alcoholic beverages but it's been at least 50 years since anyone has been prosecuted for homebrew beer. Dry counties not withstanding.
Mississippi is weird because the law allows wine but says nothing about beer. But has anybody been prosecuted?
MaddBaggins said:
Best answer!!!!! I love that scene.
It's also illegal to "import" alcohol into some states, over a certain limit. I know that Pennsylvania has weird beer laws (which are changing). When I was a kid, people would bring beer into PA from Ohio, because in PA you had to buy over a certain amount and only from a licensed "beer store" while in Ohio you could grab beer through a drive-through convenience store. And the reverse for people buying kegs- buy in PA where it's much cheaper by the keg, and bring it to Ohio. (I grew up literally on the border). But most people were careful to put their beer in the trunk, so that they wouldn't be caught with bootleg beer.
It's the same with cigarettes in many states- it has to to with taxes and revenue paid to the state for these highly taxed items. Buying cheaper cigarettes in one state, and taking them home because they are cheaper is considered smuggling!
It might be worse in some states to get caught with a couple of kegs of commercial beer than homebrew that was from out of state, and not just in dry counties! Weird, but true.
mikescooling
Well-Known Member
Here is what you're going to need, one Dodge charger with the 442, paint it orange with a big X on top, a rally horn, and two guys to drive it named bow and Luke.
But more importantly, Yooper can you please photoshop that Avatar and add a whip and a black leather teddy(you can leave off the black leather boots, they'd just look like hip waders on him).
Well, crossing a state line doesn't make it ONLY a federal issue, but it still is a federal issue. Both NH and Maine are always fighting with each other over tax\boarder issues(and guess where the fight...Federal Court). I grew up on the NH\Maine boarder and even my 85 year old granny would drive to NH for cigarettes (by the case); Maine eventually closed their state package stores and one of the reasons given was they were losing money because too many people where going to NH to buy their liquor. None of this should matter to the OP's question\concern (just a little anecdotal musing), I wouldn't worry about it unless you're transporting enough homebrew across a state boarder to effect the economy (and therefore draw the attention of the State).
libeerty
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A previous poster said that crossing the state border would make it a federal issue for the person crossing the border. My point is that it is not breaking any federal law to do so. Legally speaking, it is not a federal issue as far as the OP is concerned. Maine, and other states, are allowed to police what comes into their state.
LLBeanJ
Well-Known Member
If women don't find you handsome, they should at least find you handy.
I wasn't saying it was a violation of a Federal Law, just that interstate transport of a commodity (whether or not it's homemade) places it squally under the commerce clause of the US Constitution (they don't even have to stretch it as they often want to do). So actually the OP could invoke federal law in defense of his actions should a State try charging him with a crime, again not that it would ever come to that.
Keyth
libeerty
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As an attorney, I'd say it was a poor defense, but sure, I suppose he could, in the same way he could say all sorts of things. Folks have tried that and failed time and time again. All the interstate commerce clause does is give Congress the power to regulate interstate commerce--it is not a defense someone can make when charged with a state crime. States have what is called the police power, allowing them to regulate matters within their borders for reasons of public safety, morals, etc.--a very large grant of power. The courts, both state and federal, have routinely said that this allows them to restrict entry of firearms, alcohol, fireworks, etc.
Yes, of course the chance of someone being charged with crossing a border with homebrews is small. But let's get the law right so people can make informed decisions for themselves.
Yes, of course the chance of someone being charged with crossing a border with homebrews is small. But let's get the law right so people can make informed decisions for themselves.
Transamguy77
Well-Known Member
Firebat138 said:
Um Smokey passed on quite a few years ago....don't worry about Smokey, your good!
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