Wine shipping laws in the United States
Wine shipping laws in the United States differ between states and are controlled by state law. While most alcohol sales are controlled by the three-tier system, nearly all states now permit some form of direct shipping of wine from wineries to consumers. Most states require wineries to pay for a permit in order to ship to consumers in the state, resulting in a winery-dependent slate of states that it may ship to. Direct wine shipments are also typically subject to sales and/or excise taxes. Most states also limit the quantity of wine that may be purchased monthly or annually, usually in terms of the number of nine-liter cases of wine that may be shipped, though most consumers are unaffected by these limits. Shipment of wine to dry areas is illegal.
In the 2005 case Granholm v. Heald, the Supreme Court ruled that states must regulate direct shipment of wines to consumers from in-state and out-of-state wineries in the same way, either allowing or banning both. Since that ruling, more states gradually began to allow direct shipment of wine from wineries to consumers. Some states also allow direct shipment of wine from out-of-state retailers to consumers.
Laws by state
[1][2]
Alabama
Direct shipments of wine are generally prohibited in Alabama. However, individual consumers may receive such shipments by obtaining prior written approval from the Alcoholic Beverage Control Board. The shipment must be consigned, with freight charges prepaid, directly to the individual in care of an ABC store.
Alaska
Wine can be shipped directly to consumers in Alaska, except in certain dry communities.
Arizona
Consumers in Arizona are limited to 12 cases shipped directly to them annually from wineries.
Arkansas
Direct shipment of wine is prohibited in Arkansas for off-site sales; consumers may place on-site orders for shipment at wineries.
California
Direct shipment of wine to consumers in California is allowed.
Colorado
Direct shipment of wine to consumers in Colorado is allowed.
Connecticut
Consumers in Connecticut are limited to 2 cases per person shipped directly to them every 2 months.
Delaware
Direct shipment of wine is prohibited in Delaware for off-site sales; consumers may place on-site orders for shipment at wineries.
District of Columbia
Consumers in the District of Columbia are limited to 1 case per person shipped directly to them per month.
Florida
Direct shipment to consumers in Florida is permitted, except in certain dry counties.
Georgia
Consumers in Georgia are limited to 12 cases shipped directly to them annually.
Hawaii
Consumers in Hawaii are limited to 6 cases shipped directly to them annually.
Idaho
Consumers in Idaho are limited to 24 cases shipped directly to them annually.
Illinois
Consumers in Illinois are limited to 12 cases shipped directly to them annually.
Indiana
Consumers in Indiana are limited to 24 cases shipped directly to them annually.
Iowa
Direct shipment of wine from wineries to consumers in Iowa is allowed.
Kansas
Consumers in Kansas are limited to 12 cases shipped directly to them annually from wineries.
Kentucky
Carriers refuse to ship wine directly to Kentucky consumers, due to the difficulty of distinguishing dry areas from "wet" ones. Shipping wine to dry areas in Kentucky is a felony offense.[3]
Louisiana
Direct shipment of wine to consumers in Louisiana is allowed, but only for wines that are not distributed by any wholesaler in the state.
Maine
Consumers in Maine are limited to 12 cases shipped directly to them annually from wineries.
Maryland
Consumers in Maryland are limited to 18 cases shipped directly to them annually from wineries.
Massachusetts
On January 14, 2010, the case of FWC v. Jenkins in Boston struck down limits on wine shipments to Massachusetts.[4] Despite that ruling, wine shipments to Massachusetts were largely impossible until January 1, 2015, when direct shipping from wineries to consumers in Massachusetts of up to 12 cases per year became allowed by law.[5][6]
Michigan
Direct shipment of wine from wineries to consumers in Michigan is allowed.
Minnesota
Consumers in Minnesota are limited to 2 cases shipped directly to them annually.
Mississippi
Direct shipment of wine is prohibited in Mississippi.
Missouri
Consumers in Missouri are limited to 2 cases shipped directly to them per month.
Montana
Consumers in Montana are limited to 18 cases shipped directly to them annually.
Nebraska
Consumers in Nebraska are limited to 12 cases shipped directly to them annually.
Nevada
Consumers in Nevada are limited to 12 cases shipped directly to them annually.
New Hampshire
Consumers in New Hampshire are limited to 12 cases shipped directly to them annually.
New Jersey
Only small wineries that make less than 250,000 gallons of wine annually are allowed to ship up to 12 cases of wine per year to consumers in New Jersey.
New Mexico
Consumers in New Mexico are limited to 2 cases per person shipped directly to them per month.
New York
Consumers in New York are limited to 36 cases per person shipped directly to them annually.
North Carolina
Consumers in North Carolina are limited to 2 cases per person shipped directly to them per month.
North Dakota
Consumers in North Dakota are limited to 3 cases shipped directly per person per month.
Ohio
Only small wineries that make less than 250,000 gallons of wine annually are allowed to ship up to 24 cases of wine per year to consumers in Ohio.
Oklahoma
Consumers in Oklahoma are limited to 6 cases per person shipped directly to them annually.
Oregon
Consumers in Oregon are limited to 2 cases shipped directly per person per month.
Pennsylvania
Consumers in Pennsylvania are limited to 36 cases per person shipped directly to them annually by a wine producer licensed by the Pennsylvania Liquor Control Board as a direct wine shipper.
Rhode Island
Direct shipment of wine is prohibited in Rhode Island for off-site sales; consumers may place on-site orders for shipment at wineries.
South Carolina
Consumers in South Carolina are limited to 2 cases per person shipped directly to them per month.
South Dakota
Consumers in South Dakota are limited to 12 cases shipped directly to them annually.
Tennessee
Wineries may ship no more than one case per month, nor three per year, directly to an individual consumer in Tennessee.
Texas
Consumers in Texas are limited to nine gallons monthly and no more than 36 gallons annually shipped directly per person.
Utah
Direct shipment of wine to consumers in Utah is prohibited and classified as a felony. Adult residents returning from a foreign country are permitted to bring no more than one quart of wine with them. Individuals moving to the state are not limited to the amount of wine they may bring, as long as the taxes have been paid and cleared by the Department of Alcoholic Beverage Control.[7]
Vermont
Consumers in Vermont are limited to 12 cases shipped directly to them annually.
Virginia
Consumers in Virginia are limited to 2 cases shipped directly to them per month.
Washington
Direct shipment of wine to consumers in Washington is allowed.
West Virginia
Consumers in West Virginia are limited to 2 cases per person shipped directly to them per month, but wine may not be delivered in dry areas.
Wisconsin
Consumers in Wisconsin are limited to 12 cases shipped directly to them annually.
Wyoming
Consumers in Wyoming are limited to 4 cases shipped directly to them in any 12-month period.
See also
References
- ^ "U.S. Wine-Shipping Laws, State by State". Wine Spectator. Retrieved 21 March 2020.
- ^ "Off-Site Direct Shipping Summary". Wine Institute. Retrieved 21 March 2020.
- ^ "State Shipping Laws: Kentucky". The Wine Institute. Retrieved 18 September 2011.
- ^ Summary of FWC v. Jenkins in Massachusetts with additional links.
- ^ "Massachusetts Section 162". Retrieved 10 April 2015.
- ^ "Direct Wine Shipping No Longer Bottled Up in the Bay State". Boston Magazine. Retrieved 10 April 2015.
- ^ "State Shipping Laws: Utah". The Wine Institute. Retrieved 18 September 2011.