Homebrewing Beer Illegal in Oklahoma

kd5ili · #1 (**permalink**) 11-20-2009, 10:41 PM

I had no clue that this was so until I read this article.

Why is it illegal to home-brew beer in Oklahoma? - KFOR

So you can make wine in your garage, but not beer. Very odd...

-Chris-

HVAC Instructor · #2 (**permalink**) 11-21-2009, 07:24 AM

Quote:

"But the words 'or of beer' are missing," Shellman says. "Why not beer? George Washington and Thomas Jefferson were home brewers."

Shellman has called legislators about changing the law, but says the response isn't promising.

"They'll just simply say, 'In olden times, Jesus drank wine. Jesus didn't drink beer'."

Is this a great conservative state or what?

decepticobra · #3 (**permalink**) 11-21-2009, 07:50 AM

Quote:

Originally Posted by kd5ili

I had no clue that this was so until I read this article.

Why is it illegal to home-brew beer in Oklahoma? - KFOR

So you can make wine in your garage, but not beer. Very odd...

-Chris-

welcome to Oddklahoma

PennyQuilts · #4 (**permalink**) 11-21-2009, 07:54 AM

I haven't done the research but where does it say you can't home brew beer?

All the article said was that they couldn't pass a law against wine brewing. Doesn't say anything about beer.

Guess I need to look it up.

bluedogok · #5 (**permalink**) 11-21-2009, 08:10 AM

Quote:

Originally Posted by HVAC Instructor

Is this a great conservative state or what?

It isn't just Oklahoma, ALL states have some odd liquor laws, I think Texas has more oddball ones than Oklahoma. You have the "dry areas" situation and then in Dallas (and its burbs) you have the wet/dry areas are by voting precinct. That is why you have 8 liquor stores clustered together like you do on Greenville just south of Royal Lane. When I was working at Fort Polk, (Leesville, Louisiana) all the bars closed at Midnight on Saturday night, the convenience stores had to padlock the beer wine coolers and put brown paper up on the doors so you couldn't "see" the beer/wine. There was a 24 hour frozen drink stand that was closed from midnight to midnight on Sunday. Massachusetts still has the "package stores" laws, so no alcohol in Whole Foods stores. In fact according the linked story home brewing wasn't legal in the US until 1978, I know it wasn't legal in Texas until the early 90's and brew pubs were not legal until that time either, in fact the Bricktown Brewery was opened in OKC before it was legal to have a similar brew pub business in Texas.

Quote:

That law dates back to 1959 and was never amended when home brewing was legalized on the federal level in 1978. "I think there's a lot of people that would like to see us make everything uniform, so it doesn't matter what you're doing. They all fall under the same parameters," Morgan says. "'Well I can make wine, but I can't make beer', that really just doesn't make a lot of sense."

Oklahoma, Alabama and Mississippi are the only states that have yet to make home brewing beer legal.

Seems like it's one of things they have just never done anything about.

HVAC Instructor · #6 (**permalink**) 11-21-2009, 08:12 AM

Quote:

Originally Posted by bluedogok

It isn't just Oklahoma, ALL states have some odd liquor laws, I think Texas has more oddball ones than Oklahoma. You have the "dry areas" situation and then in Dallas (and its burbs) you have the wet/dry areas are by voting precinct. That is why you have 8 liquor stores clustered together like you do on Greenville just south of Royal Lane. When I was working at Fort Polk, (Leesville, Louisiana) all the bars closed at Midnight on Saturday night, the convenience stores had to padlock the beer wine coolers and put brown paper up on the doors so you couldn't "see" the beer/wine. There was a 24 hour frozen drink stand that was closed from midnight to midnight on Sunday. Massachusetts still has the "package stores" laws, so no alcohol in Whole Foods stores. In fact according the linked story home brewing wasn't legal in the US until 1978, I know it wasn't legal in Texas until the early 90's and brew pubs were not legal until that time either, in fact the Bricktown Brewery was opened in OKC before it was legal to have a similar brew pub business in Texas.

Oklahoma, Alabama and Mississippi are the only states that have yet to make home brewing beer legal.[/url]
Seems like it's one of things they have just never done anything about.

True, but what political philosophy is the common thread in these ridiculous laws? Liberalism, or conservatism?

gmwise · #7 (**permalink**) 11-21-2009, 08:14 AM

I think federal law supersedes state,,,right?

HVAC Instructor · #8 (**permalink**) 11-21-2009, 08:16 AM

Quote:

Originally Posted by gmwise

I think federal law supersedes state,,,right?

I don't know. The feds are moving to decriminalize marijuana, for example, but Oklahoma will still lock you up for years for simple posession I bet.

gmwise · #9 (**permalink**) 11-21-2009, 08:23 AM

Damn rebellious province!!
Do you remember the good ole days when the Emperor would dispatch Roman legions to put down rebellion?

lol

bluedogok · #10 (**permalink**) 11-21-2009, 08:26 AM

Quote:

Originally Posted by HVAC Instructor

True, but what political philosophy is the common thread in these ridiculous laws? Liberalism, or conservatism?

Like I said before, all states have some screwy liquor laws and I don't think that Massachusetts can be viewed in any way as a "conservative state". I know that you could buy home brew supplies in OKC/Tulsa before you could in Dallas, in fact in Texas some of the jurisdictions enforced the ban on home brew supplies just like some did on "sexual devices" that was never an issue in Oklahoma.

Personally, I think the majority of states need to clear the books and start over writing laws, there are so many antiquated and out of date laws that serve no real purpose anymore, plus there seems to be so many in conflict with each other. Laws written to serve the "moral purpose" of 100 years ago really have no place in today's society. Of course the other problem would be how to keep the special interests from actually writing most of the legislation. I feel that the number of actual laws at the state and federal should be as minimal as possible.

Luke · #11 (**permalink**) 11-21-2009, 08:28 AM

Government knows best.

HVAC Instructor · #12 (**permalink**) 11-21-2009, 09:52 AM

Quote:

Originally Posted by bluedogok

Like I said before, all states have some screwy liquor laws and I don't think that Massachusetts can be viewed in any way as a "conservative state".

True again, at least in modern Massachusetts. But wasn't New England once a Puritan conservative hotbed in early America? I do not know, but I would think it safe to wager, that at the time of the Massachusetts package store laws inception, they might just have been considered conservative. My point here is that prohibition type laws that have slipped through the cracks over the years originated from the conservative political philosophy.

PennyQuilts · #13 (**permalink**) 11-21-2009, 10:22 AM

Quote:

Originally Posted by gmwise

I think federal law supersedes state,,,right?

Right, but the states are the ones making the laws on booze.

gmwise · #14 (**permalink**) 11-21-2009, 12:23 PM

I dont care I love to brew my own beer.
I have a tiny portion of German in me that wants to brew...lol

bluedogok · #15 (**permalink**) 11-21-2009, 12:34 PM

Quote:

Originally Posted by HVAC Instructor

True again, at least in modern Massachusetts. But wasn't New England once a Puritan conservative hotbed in early America? I do not know, but I would think it safe to wager, that at the time of the Massachusetts package store laws inception, they might just have been considered conservative. My point here is that prohibition type laws that have slipped through the cracks over the years originated from the conservative political philosophy.

Most current liquor laws were written and implemented in the repeal of prohibition and modern "conservatism" and "liberalism" were not the political theories of that era. The current Republican and Democrat parties of this day bears little resemblance to those parties of that era. In fact, Oklahoma was probably a much more liberal state in that day, in fact there was much more religious influence on both parties back then and it was just an accepted practice that led to things like "Blue Laws" and influenced the liquor laws as well. In fact most say that states laws are due modernization and are "antiquated" due to the time at which more were written. I think the screwy liquor laws has pretty much nothing to do with modern conservatism, now the lack of modernization does.

PennyQuilts · #16 (**permalink**) 11-21-2009, 12:48 PM

Quote:

Originally Posted by gmwise

I dont care I love to brew my own beer.
I have a tiny portion of German in me that wants to brew...lol

And I've got a little German in me that makes me want to drink!

HVAC Instructor · #17 (**permalink**) 11-21-2009, 12:49 PM

Quote:

Originally Posted by bluedogok

Most current liquor laws were written and implemented in the repeal of prohibition and modern "conservatism" and "liberalism" were not the political theories of that era. The current Republican and Democrat parties of this day bears little resemblance to those parties of that era. In fact, Oklahoma was probably a much more liberal state in that day, in fact there was much more religious influence on both parties back then and it was just an accepted practice that led to things like "Blue Laws" and influenced the liquor laws as well. In fact most say that states laws are due modernization and are "antiquated" due to the time at which more were written. I think the screwy liquor laws has pretty much nothing to do with modern conservatism, now the lack of modernization does.

That's logical. Although there are both conservative Democrats as well as conservative Republicans. I agree on the modern liberals and conservatives having little resemblance to the past era, especially the further one looks back. Conservatism tends toward restrictive, religious backed law, and I think it pretty much always has, in that it desires to "conserve" the past, if you will. Perhaps modern conservatism has influence in allowing some of the antiquated laws to still stand. Certainly religious influence was largely behind these "blue" laws, like banning the sale of alcohol on Sundays, and the majority of religious folk tend toward conservatism, although I realize there are some religious liberals; however, it is doubtful those religious liberals would want to conserve such laws.

gmwise · #18 (**permalink**) 11-21-2009, 01:12 PM

Quote:

Originally Posted by PennyQuilts

And I've got a little German in me that makes me want to drink!

Naw its Irish..lol

Bunty · #19 (**permalink**) 11-21-2009, 01:20 PM

I would certainly want to vote out any legislator who's excuse for keeping Oklahoma's beer brewing ban was because Jesus drank wine, rather than beer, whether he was joking, or not. At least the legislator didn't refer to wine as grape juice.

Other odd Oklahoma laws, such as requiring everyone to observe the day of Sabbath, unless you're a grave digger and banning sales of cars on Sundays. I still don't understand why it was felt so important to single out cars like that.

kd5ili · #20 (**permalink**) 11-21-2009, 01:30 PM

You gotta love a state that gives the police the authority to pull you over and ticket you if they see you driving without a seatbelt, but it's perfectly legal to ride a motorcycle without a helmet.

-Chris-

PennyQuilts · #21 (**permalink**) 11-21-2009, 02:23 PM

Quote:

Originally Posted by gmwise

Naw its Irish..lol

I spect you're right!

bluedogok · #22 (**permalink**) 11-21-2009, 07:03 PM

Quote:

Originally Posted by Bunty

Other odd Oklahoma laws, such as requiring everyone to observe the day of Sabbath, unless you're a grave digger and banning sales of cars on Sundays. I still don't understand why it was felt so important to single out cars like that.

In Texas when they got rid of most of the blue laws, they modified the car dealer law to allow them to be open only one day a weekend, either Saturday or Sunday but not both.

RedDirt717 · #23 (**permalink**) 11-21-2009, 09:57 PM

Chill out people....it's also

- illegal for the owner of a bar to allow anyone inside to pretend to have sex with a buffalo.

- illegal to go Whaling.

They have home brew shops all over the place, lots of dumb laws on the books.

mugofbeer · #24 (**permalink**) 11-21-2009, 11:51 PM

Quote:

Originally Posted by kd5ili

You gotta love a state that gives the police the authority to pull you over and ticket you if they see you driving without a seatbelt, but it's perfectly legal to ride a motorcycle without a helmet.

-Chris-

Most other states have this same set of laws, its not just OK. Some of the liquor laws here are pretty silly, though.

hoyasooner · #25 (**permalink**) 11-22-2009, 05:58 AM

Quote:

Originally Posted by RedDirt717

Chill out people....it's also

- illegal for the owner of a bar to allow anyone inside to pretend to have sex with a buffalo.

- illegal to go Whaling.

No, no it's not. A lot of those "dumb laws" you here about are nowhere to be found in the state statutes.

Although I guess it is illegal to go whaling, but that's because of federal law, not an Oklahoma law.

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