# Is home-brewed beer illegal in the US? **URL:** \ **Category:** Factual Questions\ **Created:** [November 19, 2005, 4:23am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771 "2005-11-19T04:23:54Z")\ **Posts on this page:** 19\ **Page:** 1
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [November 19, 2005, 4:23am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/1 "2005-11-19T04:23:54Z")
In [this](http://boards.straightdope.com/sdmb/showthread.php?t=344493) thread on forbidden SDMB topics, **DrDeth** posted a [list](http://boards.straightdope.com/sdmb/showpost.php?p=6792202&postcount=8) of mock titles of threads that would surely get locked. The last on the list is, “Can you really brew your own beer at home?” The implication is that home brewing beer is illegal and therefore discussion of it is not allowed. Is this the case? ---
**Author:** ![yBeayf](https://avatars.discourse-cdn.com/v4/letter/y/e274bd/32.png) [@yBeayf](https://boards.straightdope.com/u/yBeayf)\ **Post date:** [November 19, 2005, 4:26am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/2 "2005-11-19T04:26:14Z")
Nope. Home brewing is a thriving hobby in the States. It’s home distilling that’s illegal. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [November 19, 2005, 4:30am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/3 "2005-11-19T04:30:33Z")
:eek: Otherwise, I’d be somebody’s “girlfriend” in prison. Assuming I got caught. And I didn’t die in the power struggle. Actually, I think Jimmy Carter signed into law the bill that allowes “homebrewing”. But I’m far, far… too drunk to look it up right now. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [November 19, 2005, 4:31am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/4 "2005-11-19T04:31:44Z")
Up to 200 gallons per year for a “head of household.” I was usually in violation by about April. 😃 ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [November 19, 2005, 7:26am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/5 "2005-11-19T07:26:34Z")
It’s Australian home brewing laws that are right up there in the “dumb laws” stakes. Well, they _were_ until the 70s, when common sense prevailed, and they were repealed. For years, it was illegal to brew anything more than “light” beer. I forget what the cut-off was, but probably something like 2.5% alc/vol. This meant there were no premade kits, but people used to make their own rotgut stuff in the bathtub, using baking gear rather than the brewing variety. Finally, in the early 70s, a company hit on the obvious answer, and marketed a “light” beer kit. It carried a big warning saying something along the lines of “This is a LIGHT beer kit only. Therefore, do not add more than 250g of malt or sugar, as this will exceed the allowed alcohol level.” Told everyone exactly how to do it. 😃 Nice one. The government knew it was beaten, and dropped the law. ---
**Author:** ![Southessex](https://avatars.discourse-cdn.com/v4/letter/s/a3d4f5/32.png) [@Southessex](https://boards.straightdope.com/u/Southessex)\ **Post date:** [November 19, 2005, 10:14am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/6 "2005-11-19T10:14:54Z")
Isn’t it up to the states? I know that in Georgia, home brewing was illegal until sometime in the late 80s or early 90s. At least that’s when the first home brewing stores opened, due to the legislature repealing some law… ---
**Author:** ![China\_Guy](https://avatars.discourse-cdn.com/v4/letter/c/779978/32.png) [@China\_Guy](https://boards.straightdope.com/u/China_Guy)\ **Post date:** [November 19, 2005, 11:03am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/7 "2005-11-19T11:03:53Z")
[http://www.faqs.org/faqs/beer-faq/part3/](http://www.faqs.org/faqs/beer-faq/part3/) The FAQ is pretty old but say’s US fed law is 100 gallons per person or 200 gallons per household per year. States can have more restrictive laws. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [November 19, 2005, 11:10am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/8 "2005-11-19T11:10:45Z")
I daresay this puts me in mind of… a _Simpsons_ gag! Homer: Oh, who am I kidding? I _am_ slow. Marge: Oh, Homey, if you feel so bad about yourself, there’s always things you can do to feel better. Homer: Take another bath in malt liquor? Marge: There’s that…or you could take an adult education course. Homer: Oh, and how is “education” supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home wine-making course and I forgot how to drive? Marge: That’s because you were drunk! Homer: [remembering fondly] And how. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [November 19, 2005, 11:29am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/9 "2005-11-19T11:29:58Z")
As others have said, there is a thriving business in home brewing kits in the U.S. In addition there are contests at county fairs and such for best beer by a home brewer. There may be some counties where it is illegal since there are still some counties where alcohol sales are not permitted. ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [November 19, 2005, 1:36pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/10 "2005-11-19T13:36:11Z")
> [@hajario](#): > > There may be some counties where it is illegal since there are still some counties where alcohol sales are not permitted. Well, I’m not sure that’s the deciding factor. I remember reading an article about a vineyard/winery in a dry county in Texas - plus isn’t one of the big bourbon distillers in the southern US in a dry county? (And you can’t sell homebrew anyway so I’m not sure the law would apply in that respect. I homebrewed in a dry town (not county, mind you) for a few years, and it seemed like the only issue was that no one could sell alcohol - you could even bring your own wine to restaurants there.) I seem to remember reading something about homebrewers in Utah but of course I can’t remember a thing about it right now. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [November 19, 2005, 1:43pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/11 "2005-11-19T13:43:32Z")
Home brewing is huge in the U.S. There are brewing clubs in every major city. ---
**Author:** ![Rube\_E.Tewesday](https://avatars.discourse-cdn.com/v4/letter/r/f0a364/32.png) [@Rube\_E.Tewesday](https://boards.straightdope.com/u/Rube_E.Tewesday)\ **Post date:** [November 19, 2005, 3:10pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/12 "2005-11-19T15:10:54Z")
Looking at the link, I see that **DrDeth** didn’t actually say that that thread would be locked, just that it would be “watched like a hawk”. The implication being that a legitimate thread about home-brewing could easily turn into a thread that encouraged moon-shining, blowing up your house, etc. I have no idea whether he’s right that the mods would actually be that concerned about that topic. ---
**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\ **Post date:** [November 19, 2005, 3:15pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/13 "2005-11-19T15:15:07Z")
At the risk of throwing cold water on the OP, **DrDeth** provided **two** lists (although I would agree that his separation could have used a bit more emphasis). Between his first list of threads to be closed automatically and the second list that included the beer title, he inserted the line > [@](#): > > All are undertstably going to be closed real fast. Whereas these **next** titles will just be watched like a hawk: **bolding mine** ---
**Author:** ![Squee](https://avatars.discourse-cdn.com/v4/letter/s/ba9def/32.png) [@Squee](https://boards.straightdope.com/u/Squee)\ **Post date:** [November 19, 2005, 3:17pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/14 "2005-11-19T15:17:02Z")
> [@](#): > > Up to 200 gallons per year for a “head of household.” I was usually in violation by about April. I haven’t brewed for 10 years… my roommate took off with all of my brewing equipment! = ) However, back then, I thought the limit was 100 gallons a year. Then again, I was reading this from a homebrewing manual written in the 70’s or early 80’s. I wish I knew the name of the book (gone with said roommate). I had pictures of people with Gabriel Kaplan style fros making beer. ---
**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\ **Post date:** [November 19, 2005, 3:18pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/15 "2005-11-19T15:18:29Z")
> [@Rube E. Tewesday](#): > > I have no idea whether he’s right that the mods would actually be that concerned about that topic. Given home brewing is legal in at least some of the US, best to default the assumption it is. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [November 19, 2005, 3:27pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/16 "2005-11-19T15:27:18Z")
> [@Ferret Herder](#): > > plus isn’t one of the big bourbon distillers in the southern US in a dry county? . Jack Daniel’s is made in a dry county. ---
**Author:** ![beagledave](https://avatars.discourse-cdn.com/v4/letter/b/6de8d8/32.png) [@beagledave](https://boards.straightdope.com/u/beagledave)\ **Post date:** [November 19, 2005, 4:38pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/17 "2005-11-19T16:38:23Z")
Homebrewing, under federal law, was legalized during the Carter years. However, there are a few states (Iowa, where I live, is one of them) who have not specifically recognized it at the state level. My understanding (and IANAL) is that Iowa could decide at some point, to make homebrewing illegal. [http://www.beertown.org/statutes/iowa.htm](http://www.beertown.org/statutes/iowa.htm) > [@](#): > > Section 123.56 deals with Native wines and provides that; A person may manufacture native wine for consumption on the manufacturer’ premises, when the wine or any part of it is not manufactured for sale. Presently, no such exception exists for the home manufacture of beer in Chapter 123. Individuals interested in having the home production of beer statutorily recognized in Iowa should seek to have Chapter 123 amended to include an exception addressing the home manufacture of beer for personal consumption and not for sale. There are movements to try and legalize homebrewing at the state level in all states. [http://www.beertown.org/homebrewing/legal.html](http://www.beertown.org/homebrewing/legal.html) In some respects, this is more of a case of symbolic recognition than a real worry about being busted for homebrewing. I brew numerous gallons every year…there are hombrew supply shops in Iowa. I’m not worried 😉 ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [November 19, 2005, 4:56pm UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/18 "2005-11-19T16:56:38Z")
> [@Squee](#): > > However, back then, I thought the limit was 100 gallons a year. Then again, I was reading this from a homebrewing manual written in the 70’s or early 80’s. \*California state statute § 23356.2 allows the manufacture of beer for personal or family use, and not for sale by a person over the age of 21. The aggregate amount of beer with respect to any household shall not exceed 200 gallons or 100 gallons if only one adult resides in such household. \* 🙂 > [@hajario](#): > > In addition there are contests at county fairs and such for best beer by a home brewer. Best-of-Show - Orange County Fair (Barleywine), Southern California Regional Homebrew Championships (Porter), Las Vegas Winterfest (Munich Helles) 😃 ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [November 20, 2005, 8:19am UTC](https://boards.straightdope.com/t/is-home-brewed-beer-illegal-in-the-us/331771/19 "2005-11-20T08:19:28Z")
Ah… that is good then. I didn’t want to believe that you guys were _that_ far behind the times :). Thanks all.