State & Federal Homebrewing Laws
The 18th amendment was enacted in 1919, and made the sale, production & transportation of alcoholic beverages illegal in the United states for 14 years.
Until in 1933, the 21st amendment was established to repeal prohibition. You would assume that with prohibition repealed, Americans could once again exercise their right to brew their own beer, right?
Unfortunately, It would take another 46 years for the federal government to finally address this oversight and legalize Americans right to homebrew beer again.
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We’ve come along way…
Beer lovers and brewers had to fight for nearly a century to regain their right to brew after prohibition.
Even though Homebrewing was made legal by the United States government in 1979, states still reserved the right to regulate the production of beer & spirits in whatever way they saw fit, leaving the the last state to finally make HomeBrewing legal as recently as July of 2013!
With each state able to adopt it’s own set of standards, we have been left with a varied landscape of all different levels of regulation and control of the production, transportation and consumption of homebrewed beverages.
With more conservative states prone to adopt strict regulations on the % ABV beer that you are able to produce and even limiting the ability for homebrewers to transport their beer or consume it outside of the residence it was brewed.
Get Involved!
These types of overtly conservative laws make it difficult, if not impossible for any meaningful homebrewering community to survive in states where such archaic laws still exist.
In a society where beer and spirits have become synonymous with social gatherings and celebrations of all kinds – It’s a shame that homebrewers are being isolated from competitions, tastings and the social interaction and community that these types of events encourage.
Homebrewing Laws by State
Alabama
Alabama Alcoholic Beverage Control Board
2715 Gunter Park Drive West
Montgomery, AL 36109
Phone: 334/271-3840
Fax: 334/277-2150
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | 13.9% |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ala. Code §28-4-3
The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other fruit when the grapes or other fruit are grown by the person making the same for his own domestic use upon his own premises in this state and when such person keeps such wine or cordial for his own domestic use on his own premises in any quantity not exceeding five gallons for one family in 12 months.
2013 Act 204
(a) Notwithstanding any provisions to the contrary, a person who has not been convicted of a felony in Alabama or any other state or federal jurisdiction, and who is not prohibited by §28-1-5 , Code of Alabama 1975, from purchasing, consuming, possessing, or transporting alcoholic beverages due to age may produce at his or her legal residence beer, mead, cider, and table wine, as those terms are defined in §28-3-1 , Code of Alabama 1975, for personal use, in the amounts specified in this act, without payment of taxes or fees and without obtaining a license. The aggregate amount of the beer, mead, cider, and table wine permitted to be produced under this act, with respect to any legal residence, shall not exceed 15 gallons for each quarter of a calendar year. Further, there shall not be in any legal residence at any one time more than an aggregate amount of 15 gallons of beer, mead, cider, and table wine which has been produced under the authority of this act.
(b) Beer, mead, cider, or table wine produced under this act may not be sold or offered for sale.
(c) Beer, mead, cider, or table wine produced under this act may not be removed from the legal residence where it was produced, except in quantities no larger than 10 gallons, aggregate, for any one event, and to be transported for personal use at organized events of homebrew competitions and judgings licensed by the Alcoholic Beverage Control Board as a special events retail license under §28-3A-20, Code of Alabama 1975, provided that the license will not allow the purchase or sale of any alcoholic beverages when that license is used for this purpose. Organized events involving beer, mead, cider, or table wine produced for personal use may not be held on the premises of entities otherwise licensed under Title 28, Code of Alabama 1975.
(d) Nothing in this act permits the production of distilled liquors, for personal use or otherwise, or the use of distilled liquors or products in the production of beer, mead, cider, or table wine provided in this section.
(e) It shall be unlawful for any person less than 21 years of age to attempt to purchase, consume, possess, or transport beer, mead, cider, or table wine produced for personal use.
(f) It shall be unlawful for any person less than 21 years of age to attempt to purchase, possess, or transport any apparatus or equipment used to produce beer, mead, cider, or table wine. It shall be unlawful for any person, partnership, corporation, or other legal entity to sell, furnish, give away, or provide to any person less than 21 years of age any apparatus or equipment used to produce beer, mead, cider, or table wine.
(g) Nothing in this section permits the production of beer, mead, cider, or table wine in a dry municipality, as defined in Chapter 3 of Title 28, Code of Alabama 1975. Further, with the exception of wet municipalities, as defined in Chapter 3 of Title 28, Code of Alabama 1975, nothing in this section permits the production of beer, mead, cider, or table wine in a dry county as defined in Chapter 3 of Title 28, Code of Alabama 1975.
(h) The definitions contained in §28-3-1 of the Code of Alabama 1975, shall apply to this act.
(i) Any violation of this section shall be a Class B misdemeanor.
Alaska
Department of Public Safety
Alcoholic Beverage Control Board
5848 E. Tudor Road
Anchorage, AK 99507
Phone: (907) 269-0350
Fax: (907) 272-9412
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Alaska Stat. §04.21.015
(a) Except as provided in (b) of this section, the provisions of this title do not apply to the private manufacture of alcoholic beverages.
(b) This section does not apply to AS 04.16.050 , 04.16.051, 04.16.080; AS 04.21.010 , 04.21.020; alcoholic beverages manufactured in a quantity that exceeds the limit imposed on private manufacture under federal law; or an area that has adopted a local option law under AS 04.11.491.
Arizona
Arizona Department of Liquor Licenses and Control
800 W. Washington, 5th Floor
Phoenix, AZ 85007
Phone: 602/542-5141
Fax: 602/542-5707
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ariz. Rev. Stat. Ann. §4-226
The provisions of this title do not apply to:
3. Ethyl alcohol intended for use or used for the following purposes:
(b) Use by those authorized to procure spirituous liquor or ethyl alcohol tax-free, as provided by the acts of Congress and regulations promulgated thereunder.
Arkansas
Alcohol Beverage Control
1515 W. Seventh Street, Rm. 503
Little Rock, AR 72201
Phone: 501/ 682-1105
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ark. Stat. Ann. §3-5-205
(f) (1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine:
(A) Upon his or her own premises free from the license fees and taxes provided in this subchapter;
(B) For consumption by the manufacturer and his or her family and guests, but not for sale; and
(C) In quantities per calendar year not to exceed: (i) 200 gallons if there are two or more adults in the household; or (ii) 100 gallons if there is only one adult in the household.
(2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed 200 gallons per calendar year shall be exempted from §§3-4-101, 3-4-602, 3-5-205(a)-(e), 3-5-206, and 3-5-211.
California
California Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Phone: (916) 419-2500
California Board of Equalization
450 N Street
Sacramento, CA 94279-0073
Phone: 916/445-6464
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | 60% |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Cal. Business and Professions Code §23356.2
(a) No license or permit shall be required for the manufacture of beer for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
(b) No license or permit shall be required for the manufacture of wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of wine with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
(c) Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions, or competitions, including homemakers’ contests, tastings, or judgings.
(d) Any wine made pursuant to this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine used under this section shall not be sold or offered for sale.
(e) Except as provided herein, nothing in this section authorizes any activity in violation of §§23300, 23355, or 23399.1.
Colorado
Colorado Department of Revenue-Liquor Enforcement Division
1881 Pierce #108A
Lakewood, CO 80214-1495
Mail: 1375 Sherman Street, Denver, CO 80261
Phone: 303/205-2300
Fax: 303/205-2341
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Colo. Rev. Stat. §12-47-106
(2) (a) Any provision of this article or article 46 of this title to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of fermented malt beverage or malt or vinous liquor as is exempt from the federal excise tax on such alcohol beverage when produced by a head of a family for family use and not for sale.
(b) The production of fermented malt beverages or malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.
(c) Fermented malt beverages or malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article or article 46 of this title.
(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption of malt liquors by persons over the age of 21 is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
Connecticut
Connecticut Department of Consumer Protection
165 Capitol Ave
Hartford, CT 06106
Phone: 860/713-6200
Fax: 860/713-7235
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 50-100 gallons |
**Production per year is generally governed by the United States government at 50 gallons per adult per year, or up to 100 gallons per year if their are 2 adults of drinking age living in the residence. Connecticut is an exception, limiting production to 50 & 100 gallons respectively.
Relevant Statues
Conn. Gen. Stat. §30-62b
Any person, other than a minor, may, without payment of tax, produce wine for personal or family use only. Such wine may be transported in sealed containers for use at organized affairs, including exhibitions, tastings, contests or competitions, but shall not be sold or offered for sale.
Conn. Gen. Stat. §30-77
(b) The provisions of this section shall not prohibit a person, other than a minor, from producing beer for personal or family use only, in the following amounts: (1) 100 gallons or less in one calendar year if there are two persons who have attained the age of 21 residing in the household; and (2) 50 gallons or less in one calendar year if there is only one person who has attained the age of 21 residing in the household. Such beer may be transported in sealed containers for use at organized affairs including beer exhibitions, contests or competitions. Such beer shall not be sold or offered for sale.
Delaware
Delaware Department of Public Services
Alcoholic Beverage Control Commission
Carvel State Office Building, 3rd Floor
820 N. French Street
Wilmington, DE 19801
Phone: 302/577-5210 toll free1-800-273-9500
Fax: 302/577-8141
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Del. Code Ann. tit. 4, §707
(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be offered for sale.
(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.
(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.
(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not “home-manufactured beer or wine” for purposes of this section, and all commissioner regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages.
Florida
Division of Alcoholic Beverages and Tobacco
1940 N. Monroe
Tallahassee, Florida 32399-0783
Phone: 850/488-3227
Fax: 850/922-5175
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Fla. Stat. §562.165
(1) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such beer permitted to be produced with respect to any household shall be as follows:
(a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
(b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.
(2) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce wine for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such wine permitted to be produced with respect to any household shall be as follows:
(a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
(b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.
(3) Any personal or family production of beer or wine in excess of the amount permitted in this section or any sale of such alcoholic beverages constitutes a violation of the Beverage Law.
(4) Wine and beer made under the provisions of this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine or beer used under this subsection shall not be sold or offered for sale.
Georgia
Georgia Department of Revenue
Alcohol & Tobacco Tax Division
P.O. Box 49728
Atlanta, Georgia 30359
Phone: 877/423-6711
Fax: 404/417-4901
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | 14% |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ga. Code §3-5-4
(a) (1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
(2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:
(A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
(B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;
provided, however, that no more than 50 gallons shall be produced in a 90 day period.
(b) Except as provided for in subsection (d) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced and only by persons of legal drinking age.
(c) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:
(1) The name of the producer;
(2) The address of the residence at which it was produced;
(3) The name and address of the home-brew special event to which it is being transported; and
(4) The permit number under which the home-brew special event is being held.
If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
(d) (1) Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings at locations not otherwise licensed under this title. The local governing authority shall specify by ordinance or resolution the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50 and shall be valid for not more than six events per calendar year.
(2) Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events.
(3) Any local governing authority that issues home-brew special event permits shall adopt ordinances or resolutions governing home-brew special events.
(e) Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public.
Ga. Code §3-6-3
(a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter.
(b) For purposes of this Code section, a single individual who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household.
Hawaii
Hawaii
Department of Liquor Control
County of Hawaii
101 Aupuni Street, Suite 230
Hilo, Hawaii 96766
Phone: 808/768-7300
Fax: 808/768-7311
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence. Hawaii explicitly states that there is a 100 gallon per year limit on beer in their statues….it is unclear if this extends to the usual 200 gallons per year if their is more than 1 adult of drinking age in the family.
Relevant Statues
Hawaii Rev. Stat. §281-3
It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for sale an amount of wine not exceeding 200 gallons a year, and an amount of beer not exceeding 100 gallons a year.
Idaho
Alcohol Beverage Control Bureau
700 South Stratford Drive STE 115
Meridian, ID 83642
Phone: (208) 884-7060
Fax: (208) 884-7096
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Idaho Code §23-501
Any person shall have the privilege of manufacturing wine or brewing beer from native grown products for the personal use of himself, family, and guests.
Illinois
Illinois Liquor Control Commission
100 West Randolph Street
Suite #5-300
Chicago, IL 60601
Phone: 312/814-2206
Fax: 312/814-2241
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ill. Rev. Stat. ch. 235, §5/2-1
No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this state from a point outside this state, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by §6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests.
Ill. Rev. Stat. ch. 235, §5/6-36 and 2013 Public Act 98-0055
(a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply:
(1) the person who makes the homemade brewed beverages receives no compensation;
(2) the homemade brewed beverages is not sold or offered for sale; and
(3) the total quantity of homemade brewed beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has two or more persons 21 years of age or older.
(b) A person who makes, possesses, transports, or stores homemade brewed beverages in compliance with the limitations specified in subsection (a) is not a brewer, craft brewer, wholesaler, retailer, or a manufacturer of beer for the purposes of this Act.
(c) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this Act, local ordinances, and other applicable law, provided that the homemade brewed beverages are not made available for consumption by the general public.
(d) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be used for purposes of a public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31, if the event is held at a private residence or at a location other than a retail licensed premises. If the public event is not held at a private residence, the event organizer shall obtain a homebrewer special event permit for each location, and is subject to the provisions in subsection (a) of § 6-21. Homemade brewed beverages used for purposes described in this subsection (d), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act. A public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 held by a licensee on a location other than a retail licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person’s homemade brewed beverages at the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31. Event admission charges that are collected may be partially used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker’s donation of the homemade brewed beverages to an event specified in this subsection (d) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person’s homemade brewed beverage may be collected if the public exhibition, demonstration, tasting, sampling with sampling sizes as authorized by §6-31 is held at a private residence.
(e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade brewed beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade brewed beverages and, unless the person is the brewer of the homemade brewed beverages, does not acquire any ownership interest in the homemade brewed beverages. If the contest, competition, exhibition, demonstration, or judging is not held at a private residence, the consumption of the homemade brewed beverages is limited to qualified judges and stewards as defined by a national or international beer judging program, who are identified by the event organizer in advance of the contest, competition, exhibition, demonstration, or judging. Homemade brewed beverages used for the purposes described in this subsection (e), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, or judging is not considered compensation under this Act. An exhibition, demonstration, judging, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person’s homemade brewed beverage at the exhibition, demonstration, judging, contest, or competition. A portion of event admission charges that are collected may be used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (e) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker’s donation of the homemade brewed beverages to an event specified in this subsection (e) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person’s homemade brewed beverage may be charged if the exhibition, demonstration, judging, contest, or competition is held at a private residence. The fact that a person is acting in a manner authorized by this Section is not, by itself, sufficient to constitute a public nuisance under §10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade brewed beverages to be stored on the premises if the homemade brewed beverages are clearly identified, kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this section apply.
(f) A commercial enterprise engaged primarily in selling supplies and equipment to the public for use by homebrewers may manufacture homemade brewed beverages for the purpose of tasting the homemade brewed beverages at the location of the commercial enterprise, provided that the homemade brewed beverages are not sold or offered for sale. Homemade brewed beverages provided at a commercial enterprise for tasting under this subsection (f) shall be in compliance with §§6-16, 6-21, and 6-31 of this Act. A commercial enterprise engaged solely in selling supplies and equipment for use by homebrewers shall not be required to secure a license under this Act,
however, such commercial enterprise shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of §6-21 of this Act.
(g) Homemade brewed beverages are not subject to §8-1 of this Act
Indiana
Alcohol and Tobacco Commission
Indiana Government Ctr. South
302 W. Washington St., Rm. E-114
Indianapolis, IN 46204
Phone: 317/232-2430
Fax: 317/233-6114
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Ind. Code §7.1-1-2-3
(a) The provisions of this title shall not prohibit the following:
(4) The manufacture of wine or beer that is not offered for sale and is used only for the following purposes:
(A) Personal or family use.
(B) Use in the residence of the person who manufactures the wine or beer.
(C) Use at organized affairs or exhibitions.
(D) Technical or sensory evaluations.
(E) Wine or beer educational seminars.
(F) Wine or beer competitions, including contests, tastings, or judgings.
(b) The transportation and the possession of alcoholic beverages described in subsection (a)(4) shall not be prohibited but shall be subject to the applicable provisions of this title.
Iowa
Iowa Alcoholic Beverages Division
1918 S.E. Hulsizer Avenue
Ankeny, IA 50021
Phone: 515/281-7400 toll-free 866-469-2223
Fax: 515/281-7385
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Iowa Code §123.144 and 2013 H.F. 488
2. However, any person of legal age may bottle beer for personal use and if it is not sold or offered in exchange for any type of consideration. In addition, such beer may be removed from the premises where it was bottled for personal use if the beer is not sold or offered in exchange for any type of consideration.
Kansas
Kansas Department of Revenue Alcohol Beverage Control
Alcohol Beverage Control
915 SW Harrison Street, Room 214
Topeka, KS 66625-3512
Phone: 785/296-7015
Fax: 785/296-7185
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | 4.0% |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Kan. Stat. Ann. §41-104
No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, except that nothing contained in this act shall prevent:
(a) The possession and transportation of alcoholic liquor for the personal use of the possessor, the possessor’s family and guests except that the provisions of K.S.A. 41-407, and amendments thereto, shall be applicable to all persons;
(b) the making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and the maker’s family . . .
Kentucky
Kentucky Alcoholic Beverage Control Department
1003 Twilight Trail, Suite A-2
Frankfort, Kentucky 40601
Phone: 502/564-4850
Fax: 502/564-1442
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Louisiana
Louisiana Department of Revenue
Alcohol and Tobacco Control Office
8549 United Plaza Boulevard, Suite 220
Baton Rouge, Louisiana 70809
Phone: 225/925-4041
Fax: 225/925-3975
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
La. Rev. Stat. Ann. §26:793
A. (5)(a) Notwithstanding any other provision of law to the contrary, the commissioner shall issue a three-day special event permit to any retail dealer qualified for on premise consumption who applies for such permit at no fee authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages on his licensed premises for the purpose of possessing, consuming, and serving such homebrew on his licensed premises in connection with homebrew club meetings, organized affairs, exhibitions, or competitions such as homebrewer’s contests, tastings, or judging in accordance with all of the following criteria:
(i) Homebrew shall not be sold or offered for sale.
(ii) Homebrew shall be served only to those individuals attending the special event and shall not be served to the patrons of the retail establishment or general public.
(iii) All homebrew alcoholic beverages shall be removed from the licensed premises within a reasonable time upon conclusion of the special event.
(iv) The retail dealer shall not be required to obtain a special events permit from the Department of Health and Hospitals and shall be exempt from any additional compliance with the state’s Sanitary Code but only with regard to the duration and location of the special event.
(b) For purposes of this Paragraph, “homebrew” shall mean the brewing of beer, mead, and other alcoholic beverages through fermentation on a small scale as a hobby for personal consumption, free distribution at residential social gatherings, and amateur brewing competitions or other noncommercial reasons as provided for in Paragraph (1) of this Subsection regarding special event licenses.
Maine
Main Department of Public Safety
(Liquor, Beer & Wine) Licensing
164 State House Station
Augusta, ME 04333-0164
Phone: 207/624-7220
Fax: 207/287-3424
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Maryland
Motor-fuel, Alcohol and Tobacco Tax Unit
Motor-fuel, Alcohol and Tobacco Tax Unit
P.O. Box 2999
Annapolis, MD 21404-2999
Phone: 410/260-7980
Fax: 410/974-3201
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Md. Tax-General Code Ann. §5-104
(a) In general. —
(1) The alcoholic beverage tax does not apply to an alcoholic beverage that is:
(iii) beer or wine that is family-produced and is brought into, possessed, or transported in the state by an individual who is a member of that family if:
1. the individual is at least 21 years of age; and
2. the beer or wine is for personal use or for entry in a licensed national family beer and wine exhibition . . .
Md. Code, Art. 2B, §1-201
(b) Family wine, beer, or cider for home consumption, etc. —
(1) A license or permit is not required for the manufacture of family wine, beer, or cider exclusively for home consumption, competition, or use in a licensed national family wine exhibition and not for sale.
(2) In St. Mary’s County, cider or native wines may be sold by their maker without a license.
Md. Code, Art. 2B, §2-101
(m) National family beer and wine exhibition permit. —
(1) A national family beer and wine exhibition permit may be issued at the discretion of the Office of the Comptroller to a bona fide national family wine association, national family beer association, or national family beer and wine association.
(2) The permit holder may conduct a national family beer and wine exhibition and competition.
(3) The permit holder may receive for use, exhibition, and tastings at a national family beer and wine exhibit: (i) Tax free family-produced beer and wine; (ii) Tax paid commercially-produced beers and wines from licensed nonresident dealers or manufacturers through licensed Maryland wholesalers or wines through licensed Class 4 wineries; and (iii) Commercially-produced beer and wine from non-Maryland licensed manufacturers or suppliers subject to the tax imposed in §5-102 of the Tax – General Article.
(4) A nonresident dealer’s permit is not required of a non-Maryland licensed supplier for shipment of beer and wine to a national family beer and wine exhibition permittee.
(5) The permit holder may not sell but may exhibit, judge, and taste beer and wine acquired pursuant to this section at the place designated in the application for a period not exceeding five days.
(6) Manufacturers, nonresident dealers, suppliers, and wholesalers or their representatives may act as judges or participate at a national family beer and wine exhibition.
(7) The permit may be granted for: (i) An unlicensed premises; (ii) A Class B or Class C alcoholic beverages licensed premises; or (iii) A Baltimore City Class B-D-7 alcoholic beverages licensed premises.
(8) The permit authorizes the possession and consumption of beer and wine on the named premises with the permission of the licensee as provided in this section, notwithstanding contrary provisions of § 12-107 of this article.
(9) (i) The permit holder shall file a report on forms provided by the Office of the Comptroller of the number of gallons of commercially-produced beer and wine received from nonlicensed suppliers, and pay the tax provided by §5-102 of the Tax – General Article within 30 days following the close of the exhibition. (ii) Instead of a bond, the Office of the Comptroller may require prepayment of a satisfactory sum to cover the anticipated tax.
Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street, Floor 1
Boston, MA 02114-2130
Phone: 617/727-3040
Fax: 617/727-1258
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Mass. Gen. Laws Ann. ch. 138, §3
This chapter shall not apply to the manufacture or storage of alcoholic beverages by a person for his own private use or to sales of cider at wholesale by the original makers thereof, or to sales of cider by farmers, not to be drunk on the premises, in quantities not exceeding in the aggregate the product of apples raised by them in the season of, or next preceding, such sales, or to sales of cider in any quantity by such farmers not to be drunk on the premises if such cider does not contain more than three percent of alcohol by weight at 60 degrees Fahrenheit; nor shall this chapter apply to sales of cider by the original makers thereof other than such makers and farmers selling not to be drunk on the premises as aforesaid, if the cider does not contain more than three percent alcohol as aforesaid, not to be drunk on the premises as aforesaid.
Michigan
Michigan Liquor Control Commission
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
Phone: 517/322-1345
Fax: 517/322-5188
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | Yes |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Mich. Comp. Laws §436.1207
This act does not apply to the following:
(b) Beer, wine, mead, honey-based beer, or cider of any alcoholic content made on the premises by the owner or lessee of those premises provided those premises are used and occupied by that owner or lessee as a dwelling and the beer, wine, mead, honey-based beer, or cider is made for family use and home consumption.
(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).
Mich. Comp. Laws §436.2027
(3) This section does not prohibit any of the following:
(d) A micro brewer, brewpub, or on-premises licensee from allowing the sampling and consumption on the licensed premises of beer, wine, mead, honey-based beer, or cider produced by one or more home brewers at a meeting of home brewers, or a club composed primarily of home brewers, under the following circumstances:
(i) The sampling or consumption is for the purpose of exhibitions or competitions involving home brewers.
(ii) The beer, honey-based beer, or cider is served in portions that do not exceed three ounces. The wine or mead is served in portions that do not exceed two ounces.
(iii) The beer, wine, mead, honey-based beer, or cider produced by the home brewer is only consumed by the home brewer, the home brewer’s family, a club member, a judge, or a guest speaker and is not sold to members of the general public.
(iv) The participants in the sampling or consumption otherwise comply with applicable state and federal law and applicable regulatory provisions of this act and rules adopted by the commission under this act.
(v) The participants in the sampling or consumption are not charged for the sampling or consumption of the beer, wine, mead, honey-based beer, or cider.
Minnesota
Liquor Control Division
Alcohol and Gambling and Enforcement Division
444 Cedar St., Suite 133
St. Paul, Minnesota 55101-5133
Phone: 651/201-7500
Fax: 651/297-5259
| Activity | Is it Legal? |
| HomeBrewing | Yes |
| Transporting HomeBrew | No |
| ABV Cap | n/a |
| Production Per Year | 100-200 gallons |
**Production per year is generally governed by the United States government at 100 gallons per adult per year, or up to 200 gallons per year if their are 2 adults of drinking age living in the residence.
Relevant Statues
Minn. Stat. §340A.301
Subd. 9. Unlicensed manufacture. Nothing in this chapt