Court Backs Wine Shipments

Oct 7th, 2008 by admin | 20

Another court rules in favor of interstate wine shipments.  The Michigan federal court has ruled that consumers can now buy wine shipped to them from out-of-state retailers.  In the decision filed just days ago, Judge Denise Hood of the U.S. District Court for the Eastern District of Michigan ruled that the interstate commerce clause of the U.S. Constitution prohibits the state from blocking out-of-state retailers from selling, delivering and shipping wine directly to consumers in Michigan.  In the order Hood said, “The state of Michigan may continue to collect any tax due on the sale of wine and may continue to require licenses and permits for direct interstate sales and deliveries, so long as the provisions do not discriminate against out-of-state wine retailers.”  The decision follows a similar ruling in a Texas federal court earlier this year.

This is slow progress, but at least it is still progress.  Since Prohibition was repealed in 1933 the laws’ relating to alcohol consumption, sales and distribution has been left up to each individual state.  The result is that there are multitudes of different state laws governing alcohol sales and distribution, and those individual state laws are changing all the time.

Most states ban the shipment of wine directly to consumer’s home, and six states, Florida, Indiana, Kentucky, Maryland, Tennessee and Utah consider wine shipment a felony.
 
Let’s hope that more change is on the way.  A national wine marketplace will provide consumers with more choice, more competitive pricing and will boost the wine industry.  Several organizations are working toward that end, including Free the Grapes, a coalition of wine lovers, wineries and retailers seeking workable solutions that will serve the needs of adult wine lovers, state regulators and the marketplace.
 
Below is a list of the current wine shipping laws from state to state.  “Reciprocal” states are the lucky ones, that means the shipping laws in that state allow consumers to have wine sent to their homes directly from wineries.
 
Cheers!
 
Wine Accessories

 

Alabama Prohibited            Missouri Reciprocal
Alaska Limited                   Montana Prohibited
Arizona Limited                  Nebraska Limited
Arkansas Prohibited            Nevada Limited
California Reciprocal           New Hampshire Limited
Colorado Reciprocal            New Jersey Prohibited
Connecticut Limited            New Mexico Reciprocal
Delaware Prohibited            New York Limited
District of Columbia Limited North Carolina Limited
Florida Prohibited               North Dakota Reciprocal
Georgia Limited                  Ohio Limited
Hawaii Reciprocal               Oklahoma Prohibited
Idaho Reciprocal                Oregon Reciprocal
Illinois Reciprocal               Pennsylvania Prohibited
Indiana Prohibited              Rhode Island Limited
Iowa Reciprocal                  South Carolina Limited
Kansas Prohibited               Tennessee Prohibited
Kentucky Prohibited            Texas Limited
Louisiana Limited                Utah Prohibited
Maine Prohibited                 Vermont Prohibited
Maryland Prohibited            Virginia Limited
Massachusetts Prohibited    Washington Reciprocal
Michigan Reciprocal            West Virginia Reciprocal
Minnesota Reciprocal          Wisconsin Reciprocal
Mississippi Prohibited          Wyoming Limited

Cheers!


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