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
April 11, 2018 All
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
March 22, 2018 All
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
7th Circuit Rules for Indiana in Cold Beer Case
December 14, 2015 21st Amendment All Equal Protection
The 7th Circuit finally ruled for the state of Indiana against a challenge by grocery stores related to the regulations on the sale of cold beer. In its opinion, the court ruled for the state and concluded; “The Association’s policy arguments for allowing cold-beer sales by grocery and convenience stores are matters for the Indiana…Read More
Plaintiffs Seek Rehearing In 6th Circuit Wine/Liquor Fight
January 29, 2014 21st Amendment Alcohol Regulation Equal Protection
The plaintiffs have filed a petition with the 6th Circuit to rehear their Equal Protection challenge to get a court order to allow grocery and convenience stores to sell wine and liquor. It its brief in support of rehearing the plaintiffs state:”Rehearing or rehearing en banc is necessary because this matter raises an issue that is…Read More
