New Dormant Commerce Clause Lawsuit Filed by Out of State Retailer in Missouri

A new lawsuit has been filed in federal court in Missouri challenging the law that allows Missouri retailers to sell, ship and deliver wine directly to Missouri consumers but not out of state retailers.  The Complaint alleges violations of the dormant Commerce Clause and Privileges & Immunities law.  It is brought by a Florida wine retailer, its…Read More

Ninth Annual Law and Policy Conference to be Held in Dallas on August 29-30

The Ninth Annual Alcohol Law and Policy Conference is taking place August 29 and 30 in Dallas, Texas.  The conference starts with an opening night reception on Sunday, August 28.  The conference will take place all day Monday, the 29th and ends around noon on Tuesday, the 30th. This annual conference brings together a wide range of…Read More

Is It Time for a 28th Amendment to the U.S. Constitution to Regulate Marijuana Like Alcohol?

There is a certain appeal to the sound-bite of the pro marijuana legalization forces when they claim they want to “regulate marijuana like alcohol,” but the devil is always in the details. The conversation about regulating marijuana like alcohol is incomplete without mentioning the unique constitutional nature of alcohol regulation. A previous post suggested that…Read More

Supreme Court Rules on Drunk Driving Enforcement Issues

The Supreme Court has ruled that warrantless breath tests are constitutionally proper but warrantless blood tests are not. In Birchfield v. North Dakota the Supreme Court reviewed cases from North Dakota and Minnesota relating to refusals to take a breathalyzer test (ND) and blood test (MN). In the opinion, Justice Alito noted, “The impact of…Read More

Alcohol Tax and Trade Bureau Issues Guidance on Rules Related to Category Management

The U.S. Department of Treasury’s Alcohol Tax and Trade Bureau (TTB) is the primary federal regulator of the alcohol industry. The TTB enforces the Federal Alcohol Administration Act (FAAA) which was originally passed in 1935. The FAAA governs various aspects of alcohol industry interactions and requires all wineries, distillers, wholesalers and importers to obtain a federal basic permit…Read More