I know this should probably go into the home brewing section but I wanted the most BA's to see this ridiculous setback for the very progressive state of Alabama. http://blog.al.com/birmingham-news-commentary/2012/05/other_views_life_liberty_and_t.html
How can homebrewing be illegal in AL? I understand that it IS but how since federal law trumps state law, state law trumps local law? Also curious if anybody actually does homebrew? I don't expect you to volunteer yourself on the site but if you "heard" how your "friend" does...
It used to be Federally illegal and when the change occurred it became a "state's choice" kind of thing.
lots of people homebrew. there are even homebrew shops in town. i'm sure it sucks to face potential felony charges, but it is super loosely enforced.
Yes there are many in AL that homebrew. There is an AL homebrew organization (I forget the name) that has been lobbying for changes in the law. We almost had it changed this year but ran out of time in our legislation window. It's likely we'll get it changed next year. Meanwhile AL (and probably Miss folk) will enjoy their new ability to drink 22oz and 25.4oz beers. I can't wait to see what breweries give us a chance.
There is no federal law against homebrewing, but that does not make it universally legal if a state or town decides to pass a law against it.
I'm not sure how AL's law is written, but in MS's law prohibits anybody without a permit from producing beer. I'm not sure all of the details on getting a permit but being a lifelong resident, I'm sure it's cost prohibitive for the average citizen. What else could you expect from the last state to legalize alcohol after prohibition ended? http://www.mscode.com/free/statutes/67/003/0015.htm We had 2 major bills up (and a few minor ones) and we won one (raising our ABW cap from 6% to 8%) and we lost one (homebrewing didn't leave committee, which was a bit of a surprise - we thought we'd get homebrew but not the abw raise).
At the federal level, sale of alcohol is legal. However, there are numerous "dry" counties, cities and townships in which it is illegal. The same goes for homebrewing. http://www.homebrewersassociation.org/pages/government-affairs/statutes/united-states has a good summary of the legislation signed by President Carter. The discussion section reads, in part That's how homebrewing is still illegal in AL and MS.
