To begin, I’m as much a lawyer as Charlie Kelly is; I just prefer to focus on beer law instead of bird law. The after effect of the terrible experiment in alcohol prohibition in the United States is the cause of most of these bizarre and strange laws. Before prohibition, the peak number of breweries in the US was over 4,100 (1873). While consolidation was already happening previous to the 18th amendment being ratified, once it was passed it started forcing breweries to close. By the time the 21st amendment was ratified, less than 750 breweries remained active. The number of breweries continued to decline as consolidation continued until we reached the nadir of less than 100 breweries in the 1970’s.

Thankfully, Jimmy Carter did something great, and he legalized homebrewing on the national level in 1978 (although it was not legal on the state level in all states until 2013). Once homebrewing became legal, it allowed for experimentation with styles and techniques that led to small independent breweries opening up (at the time called micro-breweries, now referred to as craft beer). It took until 1994 for craft beer to even make up 1% of the US market in volume. Two years later, the US had over 1,000 active breweries, and then it took until 2011 for the US to pass 2,000 active breweries. After that, growth exploded, reaching 3,000 active breweries in 2014 and reaching over 4,100 in 2015 (while now making up 10% of the US market).

If you are unaware, after prohibition a three tier system was put into place to extract taxes and still allow regulation of alcohol production and distribution. These tiers are regulated on the state level, meaning that we have a rare opportunity to look at each of the states, and compare the results of their regulations over the 30 years since small breweries started opening. Thankfully, the Mercatus Center has done this, with a focus on two factors:

  1. Self-distribution – Allowing breweries to sell their beer directly to retailers instead of going through a distributor
  2. Beer franchise laws – Which determine when a brewery can terminate their deal with a distributor

The study finds that allowing breweries to self-distribute and to get out of contracts with distributors they are having issue with leads to more breweries and a higher volume of production. This leads to more jobs, more options for consumers, and more taxes for the state (they’ll always take their cut).

It’s a common refrain that drugs should be legalized and treated like alcohol. If we want to regulate drugs like alcohol, the study by the Mercatus Center shows us that we should have less regulation if we want people to have more options. These options do not always need to be for stronger and more potent items. Two of the current fads in the craft beer world are session beers and sour beers. Both of which are generally lower in alcohol than your average beer.

Of course, we’ll also want to try to avoid some of the more terrible laws that exist currently in some states. People are generally used to the alcohol laws in their state: they know if they have to go to a special store to buy some things, or if they need to make sure to stock up on Saturday; however, they generally don’t know the laws in the states around them. These laws vary wildly state to state, with some states being relatively good (California and Oregon come to mind) and some states just bad (Utah and Pennsylvania, I’m looking at you)

Some of the more bizarre laws from the more moderate locations include:

Thankfully, in this area things are getting better. In doing the research for this, I ran across several laws that have already been repealed/updated. Last year included quite a few sweeping changes to alcohol laws through the states. Almost every one of those laws was opposed by the various groups who had profited by the regulations that were in place (liquor stores, distributors, and AB InBev/SABMiller), and yet the changes continue. It helps that craft beer is still a growing industry. In my home state of Ohio, there are currently 57 active applications for new brewery licenses, and there have been only a handful of breweries that closed their doors in the past year.

If you’re interested in keeping up with the current laws and changes that are being proposed the Brewers Association is a good start, as is your local brewery.