Watered-Down Beer Turns Into Watered-Down Reforms

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We’ve written about weak beer laws before in this space—including calling for Utah to get rid of its 3.2-percent alcohol-by-weight cap that limited the strength of beers that could be sold by grocery stores in the state. Utah finally reformed the cap earlier this year, leaving Minnesota as the only state left in the country with a 3.2 law. But as R Street’s Jarrett Dieterle points out in a recent piece for Governing, the states that have repealed their 3.2 laws have simply replaced them with a slightly higher cap:

Today, 3.2 laws are mostly a thing of the past. This is because a handful of state legislatures -- including long-time holdouts Kansas, Oklahoma and Utah -- have cleared away their versions in recent years. Minnesota is now the last state to limit convenience stores and groceries to 3.2 beer. (Unlike some former variants of 3.2 laws in other states, Minnesota permits licensed liquor stores to sell stronger beer).

This string of modern reforms may seem to beer-lovers like cause for celebration, but the reality is that America's weak-beer wars are far from over. Not only does Minnesota still have its law on the books, but many of the states that did repeal their 3.2 laws merely replaced them with slightly less onerous versions.

For instance, while Kansas overturned its 3.2 law this year, it ended up only raising the permissible alcohol level for beer to 6 percent alcohol-by-volume. Because of the different units of measure -- the original 3.2 laws used alcohol-by-weight, whereas Kansas' new limit uses alcohol-by-volume -- the reform is less than meets the eye: A 6 percent ABV beer is actually only a 4.7 percent ABW brew, a disappointingly modest increase. Oklahoma did slightly better in raising its threshold to 8.99 percent ABV (around 7 percent ABW) while Utah was only able to muster a raise to 5 percent ABV (around 4 percent ABW).

The larger issue is that these new limits are still completely arbitrary and especially unsuited to the modern craft-beer era…

Read the rest here.