this is all legal right?

Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum

Help Support Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

ponchofrailey

Member
Joined
Jul 24, 2013
Messages
13
Reaction score
4
whats the line i can cross before i just go to far? Is there a point in time i have "intent to distribute".
 
I hope you are talking about beer. Keep it under 100/200 gallons (per year).

Edit: don't sell it. Thats just asking for trouble.
 
Well, that's a lot to answer. In one hand, you're not dealing with a schedule I drug like crack or meth; in the other, you ARE dealing with one of the most regulated substances on the planet. It would matter a great deal on what state (or country) you live in... and what exactly you are doing. An ambiguous, vague post won't get any answers.
 
Yes, usually when you are "selling" your homebrew... Each state is different... If in doubt check your local laws... :)
 
ponchofrailey said:
whats the line i can cross before i just go to far? Is there a point in time i have "intent to distribute".

If you take something in trade to cover your costs, or you violate state law with regard to volumes or transportation, it's illegal. The AHA has home brewing law information by state on their website. So don't sell, follow state law, and don't have people buy you equipment, materials, etc for the purpose of you giving them beer in return and your golden.

If your friends really want to chip in, have them buy themselves a kit, and then help them brew it. They learn to brew, an you haven't done anything inappropriate.
 
They practicality is (in the U.S.) that if you do break the law unknowingly or innocently (brew too much. Gave a six pack to a friend to take whom and he gave one to a stranger. You asked a pal to chip in cash for ingredients. You share one with a friend where your state law says it's only for personal or family use. You brew mead in Texas *hee* *hee* Or brew with your wife or son in Texas *more hee hee*) you aren't going to be bothered unless it's a *flagrant* flaunting.

But legally it's mostly selling and the amount that'll be a problem.
 
In MD, it's county by county . One of our counties, Cecil I think, you can sell wine without a license or permit!!!
 
hehawbrew said:
In MD, it's county by county . One of our counties, Cecil I think, you can sell wine without a license or permit!!!

St marys county
 
brewguyver said:
............and don't have people buy you equipment, materials, etc for the purpose of you giving them beer in return and your golden

Are you kidding me??? Lol I'm looking for friends that will buy me gadgets so I can make them beer lol

brewguyver said:
............if your friends really want to chip in, have them buy themselves a kit, and then help them brew it

No way!! Then I'd have to drink their beer!! Lol that's why they let me brew!! Geeesh! I need them to by me kits so I can keep up with demand!! Lol
 
States can say what they want. If you could be considered a brewery or winery or meadery, the Feral government is going to be interested in what you do and want their piece.

"Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to state or local law."

There's the letter. Gifting something that's actually a gift isn't likely to land you in PMITA prison.
 
Maybe you should come out and ask the question. Noone here knows what you're talking about.

I'm thinking most of us are assuming the OP means this: The federal law allows (without license and taxation) the home brewing of beer for personal use but prohibits (without license and taxation) the home brewing of beer with intent to distribute. But, I'm thinking most of us are assuming the OP is wondering, when you're sharing a beer with friends when does "personal use" (legal) become "intent to distribute" (illegal)? I think most of us interpret it when you grew more than the allotted 100/200 gallons per household and/or you sell/barter/or brew beer for payment.

It's a fair question. The law can sound a bit vague. What does "personal or family use mean"? Wouldn't giving it to a friend be personal use? What about giving it to a charity event for them to serve to attendees?

In Texas the law sure as heck sounds like i) you can't give beer to friends, only family members allowed and ii) only one person per family, the dedicated head of household, is allowed to brew and iii) you can't brew mead, but the "aw, c'mon" test makes one conclude they can't *really* mean that (and, of course, they don't ... I think).
 
Would it be illegal to bring a keg to a company picnic/potluck? No intent to sell, just allow fellow co-workers to pour at their own discretion?

I never thought about it before (as being illegal) and WAS considering it for the summer company picnic.
 
Would it be illegal to bring a keg to a company picnic/potluck? No intent to sell, just allow fellow co-workers to pour at their own discretion?

I never thought about it before (as being illegal) and WAS considering it for the summer company picnic.

Again, it depends on where you live. Exact laws vary by state and occasionally by county.
 
Some of these laws just changed with the passing of 609? I know we were not allowed to serve at festivals and now we are.
 
I live in Oregon... Any ideas off hand? If not, I'll do some research
 
I live in Oregon... Any ideas off hand? If not, I'll do some research

No idea. But I honestly can't imagine anyone going after this. Nor can I imagine a "gee, I had no idea" not getting anyone off scat-free.
 
If I homebrewer doesn't know, then neither does a beat cop.
 
ponchofrailey said:
whats the line i can cross before i just go to far? Is there a point in time i have "intent to distribute".

A lot of people brew with the intent to distribute! We enjoy our craft and want to share.

Like others have said, local laws very. A lot will depend on if you are giving it away or taking money or other gains for it.

Keep in mind were brewers, no lawyers. If you want serious legal advice ask a lawyer, not an open forum.
 
If your friends really want to chip in, have them buy themselves a kit, and then help them brew it. They learn to brew, an you haven't done anything inappropriate.

This. I do this because I love the process. Plus it gives e's me an excuse to brew with buddies and They get to tell others that this was something that they made. Brew on!
 
Back
Top