Noah Vinter
Alcohol laws in the United States vary significantly across the country. The Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. This means that states decide what type of alcohol can be sold, where it can be sold, and to what extent it can be sold. For example, in some states, beer and wine can be sold in supermarkets and convenience stores, while other spirits must be sold in liquor stores. Additionally, some states have dry counties where alcohol sales are prohibited entirely. Other factors that can impact the sale of alcohol in certain states include federal laws, military reservations, and excise taxes.
| Characteristics | Values |
|---|---|
| Alcohol sales regulation | State-controlled or open state |
| State-controlled sales | Iowa, Maine, Michigan, Mississippi, Montana, Ohio, Oregon, Vermont, Wyoming, West Virginia, Alabama, Idaho, New Hampshire, North Carolina, Pennsylvania, Utah, Virginia |
| Open state sales | Licensed private sellers |
| Alcohol type | Beer, wine, spirits, liquor |
| Alcohol strength | ABV, % by volume |
| Alcohol sales location | Grocery stores, bars, restaurants, liquor stores, breweries, etc. |
| Alcohol sales time | Day, Month, Year |
| Alcohol sales quantity | Number of bottles, cases, kegs, six-packs, etc. |
| Alcohol pricing | Minimum pricing |
| Alcohol taxes | Excise taxes |
| Alcohol-related laws | Minimum age to purchase, drink, or possess alcohol in public |
| Alcohol and food sales | No food sales at liquor stores |
| Alcohol and military | Military reservations are exempt from state alcohol laws |
| Alcohol production | Homebrewing allowed in some states |
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What You'll Learn
State-specific alcohol laws
In the United States, the 21st Amendment to the US Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As a result, laws pertaining to the production, sale, distribution, and consumption of alcohol vary significantly across the country.
Alabama
Liquor stores in Alabama are state-run or on-premises establishments with a special off-premises license. Homebrewing became legal in 2013.
Iowa
All spirits are sold to privately owned retailers by the Iowa Alcoholic Beverages Division. Beer and wine can be sold by private license holders.
Maine
Maine manages spirits and licenses private retail businesses such as grocery and convenience stores. It also wholesales to businesses, setting the retail and wholesale prices, and approves all spirits products sold in the state. Beer and wine are distributed and sold through the private sector.
Michigan
Michigan maintains a monopoly over the wholesaling of distilled spirits only and does not operate retail outlets.
Mississippi
The Mississippi Office of Alcoholic Beverage Control (MS ABC) regulates the legal and responsible dispensing of wines and spirits within the state. Spirits below 7.5% ABV, wines below 6.25% ABV, and all beer products are distributed by privately-owned companies. Homebrewing became legal in 2013.
Montana
State-contracted Agency Liquor Stores in Montana may sell wine, mixed alcoholic beverages in cans, and spirits, alongside licensed bars and restaurants. Beer and wine may be sold at supermarkets and convenience stores.
North Carolina
Beer and wine can be sold in North Carolina supermarkets and convenience stores. Other spirits must be sold in liquor stores owned by local ABC boards. The State ABC Commission controls wholesale distribution and sets prices for bottles of liquor, which are the same throughout the state.
Ohio
Ohio contracts with private businesses to sell spirituous liquor (intoxicating liquor containing more than 21% alcohol by volume) on consignment.
South Carolina
During the temperance movement, South Carolina operated state-run dispensaries for the sale of alcohol.
Tennessee
Tennessee allows those under 21 to drink for religious purposes.
Oregon
Oregon allows those under 21 to drink on private non-alcohol-selling premises.
New York
New York also allows those under 21 to drink on private non-alcohol-selling premises.
Washington
Washington allows those under 21 to drink for religious purposes.
Wyoming
Wyoming was one of the last two states to set its minimum purchase age to 21 in 1988.
Maryland
Montgomery County, Maryland, must comply with certain liquor laws.
General
It is illegal to be intoxicated in public in the US, with punishments varying depending on the state and city, as well as a person's blood alcohol level (BAC). All states prohibit providing alcohol to those under 21, although there are limited exceptions relating to lawful employment, religious activities, or consent by a parent, guardian, or spouse.
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Alcohol control states
The Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As a result, laws relating to the production, sale, distribution, and consumption of alcohol differ significantly across the country.
As of November 2019, there were 17 control or monopoly states: Alabama, Idaho, Iowa, Maine, Michigan, Mississippi, Montana, North Carolina, Ohio, Oregon, Vermont, West Virginia, Washington, Wyoming, and Utah.
In Iowa, for example, all spirits are sold to privately owned retailers by the Iowa Alcoholic Beverages Division, while beer and wine can be sold by private license holders. Maine manages spirits and licenses private retail businesses such as grocery and convenience stores, and also wholesales to businesses, setting the retail and wholesale prices, and approves all spirits products sold in the state. Beer and wine are distributed and sold through the private sector. Michigan does not operate retail outlets but maintains a monopoly over the wholesaling of distilled spirits only. Mississippi's Office of Alcoholic Beverage Control (MS ABC) regulates the legal and responsible dispensing of wines and spirits within the state. Spirits below 7.5% ABV, wines below 6.25% ABV, and all beer products are distributed by privately owned companies.
In addition to the control states, there are also "open states" where private businesses are allowed to buy and sell alcohol in accordance with state laws.
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Homebrewing restrictions
In 1979, President Jimmy Carter signed a bill into law allowing homebrewing of beer, which exempted home brewers from excise taxes and the requirement to post a "penal bond". Despite federal legalization, individual states retained the authority to regulate intoxicating liquors within their jurisdiction, and some states continued to restrict or prohibit homebrewing.
Mississippi and Alabama were the last two states to legalize homebrewing, with laws taking effect in 2013. As of 2013, homebrewing is legal in all 50 states, with most states allowing the production of up to 100 US gallons (380 L) of beer per adult per year and up to 200 US gallons (760 L) per household annually when there are two or more adults. However, homebrewers are prohibited from selling any beer they brew due to federal excise taxes. Additionally, some states may restrict the transportation and ABV percentage of homemade alcoholic beverages.
While homebrewing is now legal across the United States, there are still variations in state laws and regulations that govern the practice. These regulations can impact the ability of homebrewers to interact with their local homebrewing communities and participate in events such as club meetings, festivals, and competitions.
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Military reservation exemptions
In the United States, the Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As such, laws pertaining to the production, sale, distribution, and consumption of alcohol vary significantly across the country.
However, United States military reservations are exempt under federal law from state, county, and locally enacted alcohol laws. Military reservations refer to land or property that is rented or owned by the federal government. Class Six stores in a base exchange facility, officers' or NCO clubs, and other military commissaries located on a military reservation may sell and serve alcoholic beverages at any time during their prescribed hours of operation to authorized patrons. While the installation commander is free to set the drinking minimum age, most stateside military bases have an age limit that mirrors the local community.
The exemption for military reservations means that these locations are not bound by the same alcohol laws as the state in which they are located. For example, a military reservation in a state with strict alcohol laws may have more relaxed regulations, allowing for the sale and consumption of alcohol on base. This exemption also means that military reservations are not subject to the same distribution and wholesale laws as the state in which they are located, giving them greater flexibility in sourcing and selling alcoholic beverages.
It is important to note that while alcohol consumption is permitted on military reservations, the military has policies and guidelines in place to address alcohol misuse and abuse among service members. Alcoholism and heavy drinking are significant problems in the military, with young service members particularly at risk. The Department of Defense (DoD) has established screening measures, and treatment options are available to help commanders and service members identify and address alcohol-related issues. Disciplinary actions and consequences are also outlined for military members who commit alcohol-related offenses under the UCMJ.
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Dry counties
The Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As such, laws pertaining to the production, sale, distribution, and consumption of alcohol vary significantly across the country.
Some states have passed local option laws granting counties and municipalities the ability to decide for themselves whether to allow alcoholic beverages within their jurisdiction. These are known as "dry counties". Many dry communities do not prohibit the consumption of alcohol, only its sale. Most dry counties are in the Southern United States, with the largest number in Arkansas, where 30 counties are dry. In 1906, 54 of Arkansas's 75 counties were completely dry, influenced by the anti-liquor campaigns of the Baptists and Methodists.
Some states, such as California, Colorado, Connecticut, and New York, specifically allow local jurisdictions to enact liquor laws that are stricter than state law, or to decide by public referendum whether to go dry. In Mississippi, local jurisdictions have to choose to go dry via referendum. Montana state law vests control of alcoholic beverages solely in the power of the state, although county voters may, by initiative, prohibit alcohol sales. The Crow Indian Reservation and Northern Cheyenne Indian Reservation are fully dry.
In some states, such as Iowa, Maine, Michigan, Mississippi, Montana, Ohio, Oregon, Vermont, Wyoming, and West Virginia, alcohol is sold in private outlets, with the state working at the distribution/wholesale level to determine what products will be sold at minimum prices. In other states, such as Alabama, North Carolina, and Washington, the state itself engages in the sale and distribution of alcoholic beverages, often through Alcoholic Beverage Control (ABC) boards and "ABC stores" or "state stores".
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Frequently asked questions
Alcohol laws vary from state to state in the US. The Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. Some states require a brand to obtain a state control code for each product before it can be offered for sale.
Here are some examples:
- Pennsylvania only allows bottled wine and liquor sales through a state-run network of over 600 "state stores". Beer is not sold at grocery stores or state liquor stores.
- Utah beer sold in grocery stores is 3.2% alcohol by weight, but 4.0% by volume. High-point beer, anything over 4.0% ABV, can be bought at most bars and restaurants but must be served in bottles.
- In North Carolina, beer and wine can be sold in supermarkets and convenience stores, but other spirits must be sold in liquor stores owned by local ABC boards.
- In Mississippi, spirits below 7.5% ABV, wines below 6.25% ABV, and all beer products are distributed by privately owned companies.
Other factors that may impact the sale of alcohol include:
- State laws: Some states have "blue laws" that limit what people can do on Sundays, including the sale of alcohol. For example, Mississippi, North Carolina, Texas, and Utah close state liquor stores on Sundays.
- Location: Alcohol sales may be restricted in specific areas within a state. For example, in Maryland, Montgomery County must comply with certain liquor laws and has 25 off-premises liquor stores.
- Time: Some states have designated times when bars must close, while others do not. For example, Nevada does not have a required "last call".
- Food: Some states require food to be ordered with alcoholic beverages at restaurants. In Utah, cocktails must have "shots" of 1.5 ounces of primary liquor and no more than 2.5 ounces of spirits total in one drink.
Whether alcohol, especially hard liquor, can be sold in grocery stores varies by state. Some states only allow the sale of beer and wine in grocery stores, while others do not permit alcohol sales in grocery stores at all.
The sale and distribution of alcohol online or through shipping also vary by state. For example, Pennsylvania prohibits residents from buying alcohol outside the state and bringing it across the border. Utah forbids residents from shipping alcohol to their homes, considering it a felony.
