Can I drink wine if I make it myself?

October 6, 2006 10:01 PM

What are the liquor laws in New York State? I tried looking on the NYS common law page, but I couldn't understand them. I am 20 years old, and therefore cannot purchase alcohol. If I were to make my own wine using this method, would it be legal? Does the Law cover production and consumption of liquor, or does the "drinking age" just cover the sale of alcohol? I know that it is legal to make small quantities of alcohol for your own personal use, but I don't know about the age thing.
posted by anonymous to law & government (8 comments total)

The law covers possession. If you are under 21, it is illegal for you to be in possession of alcohol, regardless of who made it.
posted by Amy Phillips at 10:18 PM on October 6, 2006

I think it was fairly recent (last 6 years or so) that Alabama or Louisiana changed its law from covering purchase to covering possession. Until then you had to be 18 to possess alcohol and 21 to buy it. Now you absolutely have to be 21 in all fifty states and DC to drink I'm pretty sure.
posted by gauchodaspampas at 10:42 PM on October 6, 2006

Now you absolutely have to be 21 in all fifty states and DC to drink I'm pretty sure.
This is not true.
In many states (including NY), it is legal for minors to posses alchohol if a parent/guardian gives consent. In my state, you can drink if your over-21 spouse gives you permission (heh).

New York also has an educational exception to the underage law, so perhaps you can take an independent study course in homebrew.
posted by madajb at 11:09 PM on October 6, 2006

Also, you should note that brewing and winemaking are covered under Federal law, which would seem to prohibit your winemaking.

"(c) Definition of an adult. For the purposes of this section, an adult is any individual who is 18 years of age or older. However, if the locality in which the household is located has established by law a greater minimum age at which wine may be sold to individuals, the term ``adult' will mean an individual who has attained that age."
posted by madajb at 11:19 PM on October 6, 2006

I believe the fine for underage possession/consumption of alcohol is $50 and loss of the alcohol, though, so it's not much to worry about.

If this is practical rather than curiosity, just make your wine and enjoy it. Don't worry about legality. (If you're actually interested in winemaking. If you just wanted an end run around the laws, you don't have one and it's probably not worth the effort compared to getting a fake ID.)
posted by TheOnlyCoolTim at 5:54 AM on October 7, 2006

Man, American drinking laws baffle me. I got ID'd at the age of twenty five in a restaurant, and they wouldn't serve me one lousy 3.2% ale. Nuts.
posted by Happy Dave at 5:57 AM on October 7, 2006

Nobody cares. The only way you're going to get in trouble is if a) you go around flaunting the fact that you're a minor in posession (you might actually have to do this to a cop's face), b) you do something else illegal under the influence of alcohol, and 'minor in posession' is added to the charges just to make sure that you get convicted of something, or c) the cops already know who you are and are looking for a reason to bust you.
posted by bingo at 6:55 AM on October 7, 2006

Of course you can. The question, I suppose, is would it be legal? Probably not. But who cares if it's legal?
posted by mrgrimm at 7:45 PM on October 26, 2006