20For over a century, it has been illegal to mail beer, wine, spirits and other intoxicating liquors of any kind via the United State Postal Service. This law traces its roots back to pre-prohibition in 1909 and is still on the books today (18 U.S.C. Section 1716(f)). It specifically states that “[a]ll spiritous, vinous, malted, fermented or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails.” Violators of this law may be fined and/or imprisoned for not more than one (1) year.
However, hopefully good news is on the horizon. Congresswoman Jackie Speier, of California, introduced H.R. 3412: United States Postal Service Shipping Equity Act in late July of this year. The bill would legalize shipping of alcoholic beverages to consumers over the age of 21 by “covered entities”. A “covered entity” is “an entity (including a winery, brewery, or beverage distilled spirits plant, or other wholesaler, distributor, or retailer of alcoholic beverages) that has registered with, obtained a permit from, or obtained approval of a notice or an application from, the Secretary of the Treasury pursuant to (i) the Federal Alcohol Administration Act; or (ii) Chapter 51 of the Internal Revenue Code.”
The bill, as written, would allow breweries, wineries, distilleries, wholesalers, retailers and distributors to ship alcoholic beverages via the US Postal Service (after meeting the procedural requirements of the bill). Consumer to consumer sales still would not be legal via the USPS. Even if this bill does become law (there have been attempts in the past, all of which failed), there may still be state law issues that are run into, on a state by state basis.
I’ll keep an eye on this bill and update its status as it moves along. It’s currently sitting in a house committee.
20
