Archives for 2018

Marijuana Plus Alcohol? Not Likely Under Current Law

  This blog has previously written about how alcohol is regulated and discussed how that model could interface with marijuana regulation. We have also wondered if a 28th Amendment for marijuana should be considered if marijuana legalization advocates truly want to have legal parity with alcohol regulation. With more states considering marijuana commercialization and industries…Read More

An Update on Federal Trade Practices

Alcohol wholesalers, importers, wineries and distilleries are required by 27 USC 203 of the Federal Alcohol Administration Act to have a federal basic permit to engage in the alcohol business. Breweries were exempted from the requirement to secure a permit when Congress passed the law in 1935. This law is administered by the Alcohol Tax…Read More

Texas Defeats Challenge to Direct Sales Law By Breweries

Judge Pitman had a busy day.  After ruling earlier in the day on the Wal-Mart public ownership lawsuit matter he ruled on the Equal Protection and Substantive Due Process challenges of Deep Ellum and Grapevine breweries to Texas law prohibiting packaging breweries from selling off site.  Judge Pitman granted the motion for summary judgment of the state and denied the…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges (Procedural…Read More