Comments on: State legislators cave on craft beer bill

by: moneytastesbad

Fri, 04 Apr 2008 01:14:02 +0000

A few years back I was interested in starting a grass roots revolution concerning this topic. However, I really didn’t know where to begin. I spoke to a few folks in Morgantown and in Charleston and learned that someone was already on top of it. So I let it be known that I wanted to help in any way I could. But I never heard from anyone involved. Guess my help was not necessary.

Anyway, I guess they did get something done, because at least the bill is getting introduced. But I don’t think it will ever pass with out support from the people. We need that grass roots campaign or this will never succeed.

Back then I contacted the guy who spearheaded the group Pop The Cap which was the grass roots orginazation that helped change the laws in North Carolina. He was willing to help me/us out by offering advice etc. One thing he told me is that we need to hire a lobbiest. He said that there was no way the NC law would have changed if they had not done so. They held concerts and other events to raise money and awareness for this.

I no longer have the time to try to start somthing like this, however I am very willing to help in any way possible.

by: Rich Ireland

Sun, 16 Mar 2008 17:08:49 +0000

Thanks for that detective work… It’s a shame that our laws are so complicated that even after you have done exhaustive research, you are still unsure!

I sincerely thank you for your interest in this matter…

by: Raging Red

Sun, 16 Mar 2008 16:07:26 +0000

I just did a quick read-through of the state liquor laws (link here), and though I couldn’t quickly pinpoint the exact provision that would apply to purchasing “intoxicating beer” (which is what they call any beer that’s over the legal limit of 4.2% alcohol by weight or 6% alcohol by volume), every violation of the liquor laws that I saw (with one exception) was considered a misdemeanor.

It’s legal to sell or buy wine by direct shipment into the state if the seller has a “direct shipper’s license.” (Direct shipment means shipping directly to a consumer, versus shipping to a retailer or wholesaler.) There’s a limit of two cases of wine per month per person. If you sell or buy wine via direct shipment and the seller doesn’t have a direct shipper’s license, that’s a felony (for the seller and the buyer). So as far as I can tell, it’s legal to buy wine via mail, as long as it’s not more than two cases per month. (The legislative web site says the WV Code online is current through the 2nd special session of 2007.)

Other than that provision, though, everything else I saw was a misdemeanor. I couldn’t find any provisions in the law for direct shipment of liquor or alcoholic beer, just wine. Anyway, after a quick read-through I’m not positive, but I think it’s a misdemeanor to purchase liquor or intoxicating beer through the mail.

by: Rich Ireland

Sat, 15 Mar 2008 19:48:09 +0000

Chuck, I wish I had access to a research and legal staff. It is illegal to mail-order beer, but I can’t seem to find out for sure if it is a felony or a misdemeanor. I am also a bit out of date with the wine law. I am told that as of last July, WV wine lovers are supposedly unable to buy wine via mail. This apparently was a protectionist move that assures all wine sales go through a wine distributor (see the Costco case concerning this subject).

by: Chuck Anziulewicz

Sat, 15 Mar 2008 15:42:42 +0000

Is it really illegal to order higher strength craft beers by mail in West Virginia? How odd. A couple of years ago I ordered a couple of bottles of kosher slivovitz, a fiery plum brandy (80 proof), from a distributor in Ohio, and it was delivered to my front porch without any fuss at all!

by: Mike Dillion

Wed, 12 Mar 2008 13:26:50 +0000

I recently made my first trip to Leo’s in South Point, OH, and it won’t be my last. At least, until our laws, if ever, change. It was certainly worth the trip, so it looks like I’ll be doing some driving!

by: Nick Wood

Wed, 12 Mar 2008 12:40:08 +0000

I will admit that I have not been following this issue as close as I should be. However, I am starting to get tired of going to Pennsylvania to get beer that should be available here in WV. Reading in various magazines all the different beers that get 90+ points out of 100 that are not for sale here because there alcohol is 0.1% higher than allowed, well that is crazy. Is there any organization (or maybe start one) that is geared toward this effort? I would like to help. Where can I get more information?

by: Rich Ireland

Wed, 12 Mar 2008 04:04:32 +0000

Thanks for your effort… I think the problem is rooted in a bit of ignorance on the part of our legislators. We need a grass-roots effort along with getting support from the tourism and hospitality industry.

Here is how the ignorance is manifested:

I approached a leading State Senator while at a pub in town. I bent his ear by explaining to him that only 1 out of the Beeradvocate top 100 beers was available in WV. He looked at me and sincerely asked “Is that Red Stripe?”… Need I say more?

by: RonPosey

Tue, 11 Mar 2008 15:51:39 +0000

I was quite disappointed at the lack of progress our legislature made yet again with the Craft Beer (ABV) laws. I personally wrote about 10 letters to various delegates this session begging for support. I know I am probably preaching to the choir by posting here, but I just hate to see WV fall behind other states yet again. Macrobreweries have won again and we will spend at least one more year “enjoying” beer that lacks flavor, quality and creativity due to antiquated laws. Of course, there is always the option of the out-of-state beer run. I guess the state tourism motto of “Buy our Crafts and fill our Rafts” doesn’t get to apply to the skill and craftmanship that goes into American Micro-Brewed Beer.