
Mississippi's alcohol laws are complex, with the state giving local counties and municipalities freedom in creating and enforcing their own alcohol regulations. While there is no law against public drinking in Mississippi, public intoxication is illegal and can result in a fine or jail time. The legal drinking age in the state is 21, with exceptions for those 18-21 with parental consent and military personnel. Beer is regulated differently from distilled spirits and wine, with a maximum alcohol content of 8%. Alcoholic beverages are subject to excise taxes and markups, and sales are restricted to specific establishments.
Characteristics | Values |
---|---|
Legal drinking age | 21 years |
Legal drinking age with parent/guardian consent | 18-21 years |
Legal drinking age for military personnel | 18 years |
Alcohol by weight in beer | 8% |
Alcohol by weight in wine | 5% |
Alcohol by weight in spirits | 6% |
Alcohol tax on beer | 42.68 cents per gallon |
Alcohol tax on sparkling wine and champagne | $1.00 per gallon |
Alcohol tax on other wines | 35 cents per gallon |
Alcohol tax on distilled spirits | $2.50 per gallon |
Additional markup on wholesale purchase of alcoholic beverages | 27 ½% |
Public drinking laws | Vary from county to county |
Public intoxication | Illegal |
Penalty for public intoxication | Fine of up to $100 and/or jail sentence of up to 30 days |
What You'll Learn
Drinking laws in Mississippi vary by county
Mississippi's alcohol laws are complex, with the state giving its counties and municipalities freedom in creating and enforcing their alcohol regulations. While there is no law against public drinking in Mississippi, public intoxication is illegal. The state has no open-container laws, meaning a person can drink alcohol while operating a motor vehicle, but the Blood Alcohol Concentration (BAC) must remain under 0.08%, and penalties for driving under the influence (DUI) range from minor to severe.
The legal drinking age for beer and alcohol is 21 years, with an exception for 18-21-year-olds who may consume beer with the consent of their parent or legal guardian. However, this exception does not include hard liquor or wine products containing more than 5% alcohol by weight. Beer with alcohol content greater than 8% by weight is not legal in Mississippi. Wine-based products with alcohol content less than 5% by weight are regulated like beer, and these are called light wine products. Spirits-based products with alcohol content up to 6% by weight are also regulated like beer. Beer, light wine, and light spirits cannot be sold in package stores, and alcoholic beverages cannot be sold in convenience or grocery stores.
In Mississippi, beer is defined as a malt-based beverage with no more than 8% alcohol by weight. A person may make homemade beer for personal use, with a limit of 100 gallons annually if only one person over 21 resides in the household, or 200 gallons if there are two or more persons over 21 in the household. The person making the beer must reside in a "wet" county or municipality.
The sale of alcohol in Mississippi is controlled by the state, with all alcohol in liquor stores coming from the state warehouse in Jackson. The state has a monopoly on selling alcohol with a high ABV of over 14% and distilled spirits. Alcoholic beverages are regulated by Alcoholic Beverage Control (ABC), and alcoholic beverages are typically purchased in package stores.
The hours of alcohol sales in many counties are fixed by local authorities. For example, wine and distilled spirits are sold at licensed liquor stores from 10 am to 10 pm, Monday to Saturday. Alcohol for on-premise consumption can be purchased at restaurants, bars, clubs, and hotels, usually from 7 am to midnight.
Mississippi has several dry counties, where it is illegal to bring in or transport alcoholic beverages. The laws may vary from county to county, and what may be allowed in one county could be prohibited in another.
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Alcoholic beverages are regulated by Alcoholic Beverage Control
Alcoholic beverage control (ABC) is the body that regulates alcoholic beverages in Mississippi. Mississippi's alcohol laws are complex, as the state gives local counties and municipalities the freedom to create and enforce their own alcohol regulations. Alcoholic beverages are typically defined as items that can be purchased in package stores. Beer, for instance, is regulated differently from distilled spirits and wine. Beer with alcohol content greater than 8% by weight is not legal in Mississippi. Products that are wine-based and have an alcohol content of less than 5% by weight are regulated like beer and are called light wine products. These light wines and spirits cannot be sold in package stores, and alcoholic beverages cannot be sold in convenience or grocery stores.
The legal drinking age in Mississippi is 21 years. However, an exception is made for individuals aged 18-21 who are in the presence of a parent or legal guardian and have their consent to consume beer. This exception does not include hard liquor or wine products with more than 5% alcohol by weight. Additionally, individuals aged 18 and above serving in the military can possess and consume beer on military property where it is permitted. To purchase alcoholic beverages, an individual must be at least 21 years old, not visibly intoxicated, and not prohibited from purchasing liquor by the Commission.
The state of Mississippi controls the distribution of alcohol, with all liquor coming from state-owned ABC warehouses. The state levies excise taxes on alcoholic beverages, with beer taxed at 42.68 cents per gallon, sparkling wine and champagne at $1.00 per gallon, other wines at 35 cents per gallon, and distilled spirits at $2.50 per gallon. Additionally, a 27.5% markup is applied to the wholesale purchase of all alcoholic beverages.
While there is no specific law against public drinking in Mississippi, public intoxication is illegal and can result in a fine of up to $100 and a jail sentence of up to 30 days. It is also illegal to be intoxicated on public transport. Mississippi has a unique history with alcohol laws, having supported prohibition since the 1800s. The state once banned the purchase of more than one gallon of alcohol at a time.
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Beer with over 8% alcohol is illegal in Mississippi
Mississippi has a long history of strict alcohol laws. The state has always given local counties and municipalities the freedom to create and enforce their own alcohol regulations. This has resulted in a complex set of rules that vary from county to county. For example, while there is no state-wide law against public drinking, it is illegal to be intoxicated in public, and each county may have its own rules regarding open containers.
In Mississippi, beer is not considered an "alcoholic beverage" in local option laws and is regulated differently from distilled spirits and wine. Beer is defined as a malt-based beverage with no more than 8% alcohol by weight. Beer with an alcohol content greater than 8% by weight is illegal in Mississippi. This law was updated in 2012, when the previous limit was 5% alcohol by weight. While brewers in Mississippi can now brew beer with any level of alcohol content, they cannot sell it within the state if it exceeds 8% alcohol by weight.
The legal drinking age in Mississippi is 21 years. However, there are some exceptions to this rule. With parental consent, individuals between the ages of 18 and 21 may consume beer, but not hard liquor or wine products containing more than 5% alcohol by weight. Additionally, individuals aged 18 and above serving in the U.S. military can possess and consume beer on military property where it is permitted.
Mississippi also has unique laws regarding the sale of alcohol. Alcoholic beverages cannot be purchased in grocery or convenience stores, and wine cannot be shipped into the state. The state controls the distribution of alcohol, with all sales being made in cash and supplied by state warehouses.
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People under 21 can enter licensed premises, but can't buy or drink alcohol
Mississippi's alcohol laws are complex, with the state giving local counties and municipalities freedom in creating and enforcing their own alcohol regulations. While there is no real law against public drinking in Mississippi, public intoxication is illegal.
In Mississippi, the legal drinking age for beer and/or alcohol is 21 years. An exception to this rule is that a person aged 18-21 may consume beer with parental consent, but this does not include hard liquor or wine products containing more than 5% alcohol by weight. Additionally, those aged 18 and above serving in the military can possess and consume beer on military property where it is allowed.
In Mississippi, persons under 21 can enter licensed premises but cannot be served or buy alcoholic beverages. The owner of the premises may prohibit minors from their premises at their discretion. To identify minors, staff should be familiar with Mississippi IDs and compare them with a standard ID. If the ID looks tampered with, discolored, or poorly applied, staff should refuse to sell alcohol to the customer.
To detect and prosecute underage drinking, Mississippi has a program called "Cops in Shops." This program aims to prevent underage persons from purchasing alcoholic beverages.
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Public intoxication is illegal in Mississippi
Mississippi's alcohol laws are quite complex. The state gives its local counties and municipalities freedom in creating and enforcing their alcohol regulations. This has led to variations in the exact laws on public drinking from state to state.
Although there is no law against public drinking in Mississippi, public intoxication is illegal in the state. According to the law, anyone drunk in a public place in the presence of two or more people is guilty of a crime against public morals and decency. The penalty for this offence is a fine of up to $100 and a jail sentence of up to 30 days.
In addition, it is always illegal to be intoxicated on public transit in Mississippi. The state has no open container laws, so you can drink alcohol while operating a motor vehicle. However, if you are over the legal limit, you will be charged with a DUI.
The laws may vary from county to county. For example, it may be illegal to drive with an open container in one county, but you could be charged with a crime if you drive to another county where the laws are different.
If you are a student at the University of Mississippi and are arrested for an alcohol-related crime, you may face additional consequences. According to the University's Alcohol and Other Drugs Sanction Policy, the school has the right to impose sanctions on a student based on events that happen both on and off campus. Sanctions can include the loss of financial aid, residence hall status, athletic participation eligibility, academic suspension, and even expulsion.
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Frequently asked questions
There is no real law against drinking alcohol in public in Mississippi. However, public intoxication is illegal and can result in a fine of up to $100 and a jail sentence of up to 30 days.
In Mississippi, persons under the age of 21 cannot be sold alcoholic beverages. However, a person between 18 and 21 years of age may consume beer with the consent of their parent or legal guardian.
No, it is technically illegal to do mail orders for alcohol in Mississippi. Additionally, non-alcoholic beer cannot be shipped into the state either.
Mississippi has no open container laws, so it is not illegal to drink alcohol while operating a motor vehicle. However, you will be charged with a DUI if you are over the legal limit.
Beer, light wine, and light spirits cannot be sold in package stores, convenience stores, or grocery stores in Mississippi. Alcoholic beverages can only be purchased in licensed premises.