Lawsuit Filed Against Virginia Happy Hour Regulations

A lawsuit was recently filed under the First Amendment in Federal Court to challenge the Virginia alcohol law governing happy hours.  The lawsuit was filed by the Chef Geoff’s restaurant and its owner.  The Complaint claims that the Virginia law in question is an unconstitutional content-based restriction on speech by banning truthful speech and also that the law’s ban…Read More

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

Minnesota Defeats Challenge to 51% Local Grapes Law

Two Minnesota wineries lost a dormant commerce clause challenge to a Minnesota law that requires 51% of the grapes used in wine to be grown in Minnesota in order for a direct sale at the winery to occur.  The wineries claimed that the law designed to help “farm wineries” burden interstate commerce.   Instead they sought…Read More