Court Backs Wine Shipments
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 Since Prohibition was repealed in 1933 the laws’ relating to alcohol consumption, sales and distribution have been left up to each individual state.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.
UPDATE: Since this article was posted a lot has changed. For instance, Maryland now allows the shipment of wine. Yahoo! Click here for the most updated list of state wine shipping laws from the Wine Institute.Org.
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