Alcohol Law Review

The highest court in Massachusetts has ruled against a challenge to the commonwealth’s franchise law by an out of state importer. The importer was terminated by its supplier and it sought protection under the Massachusetts franchise law. However, importers are defined under section 18B of the MA code while wholesalers are under a different part…Read More

I learn something new every day.  Apparently, when Congress passed the law (26 USC 5178(a)(1)(B)) to prohibit home distilling in 1868 they violated their authority under the Taxing Clause and the Commerce Clause of the United States Constitution.   At least that is what a district court in Texas has just found in striking the law…Read More

The state of Tennessee has reached a consent order with five out of state alcohol vendors who were illegally shipping alcohol into the state of Tennessee. These five companies paid fines totaling over $50,000. As part of investigations, the Tennessee Alcoholic Beverage Commission purchased alcohol from each of the companies. Despite being warned that these…Read More

The National Conference of State Legislatures (NCSL) is an organization based in Colorado representing the interests of state legislators and staff.  It provides research to state legislatures and represents their interests in various government bodies. Included in its mission is an emphasis “specially in support of state sovereignty and state flexibility and protection from unfunded federal…Read More

Some people use December 5 to celebrate half of the 21st Amendment – section one which is the repeal of the 18th Amendment.   I on the other hand join those in the know to celebrate the entire 21st Amendment.  Specifically, section 2 and its statement putting states in charge of alcohol policy in the United…Read More