Powdered Alcohol 2015 Legislation

Heather Morton 11/10/2015

Alcoholic beverages may soon be available in powdered form or in capsules.

In April 2014, the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) approved labels for a product called Palcohol that can be added to water to make an alcoholic beverage.

The makers of Palcohol, who are seeking federal approval to market it, say their freeze-dried vodka, rum, “powderitas” and other drinks will appeal to backpackers and others who want a lightweight, more portable form of liquor. Within two weeks of approving the labels, the TTB issued a statement that the label approvals were issued in error. In March 2015, the TTB approved the revised labels for Palcohol, allowing the product to be sold legally in the United States, unless otherwise prohibited.

Before the 2014 legislative session, two states had existing statutes that would affect any powdered alcohol products. Alaska §04.16.110, enacted in 1995, prohibits the sale of powdered alcoholic beverages for human consumption:

A person may not sell an alcoholic beverage if it

(1) is intended for human consumption and is in powdered form; or

(2) contains more than 76 percent alcohol by volume.

Delaware tit. 4, §101, amended in the 1985-1986 legislative session, includes powders in the definition of a concentrated alcoholic beverage, so that powders and crystals are regulated under the existing alcohol statutes:

"Concentrated alcoholic beverage" shall mean any powders or crystals, liquid or any other substances which, after being mixed with sugar, water or any other nonalcoholic materials, ferments or otherwise becomes a wine, beer or other alcoholic beverage.

Separate from the statutory activity in Alaska and Delaware, California adopted Alcohol Beverage Control Regulation 2557 that specifies that powdered alcohol will be taxed the same as regular alcohol. The regulation was adopted in 1978.

In 2014, Louisiana, South Carolina and Vermont joined Alaska by enacting legislation prohibiting the sale of powdered alcohol. Similar to Delaware's definition statute, Michigan enacted legislation that includes powder containing 0.5 percent or more of alcohol by volume in the definition of "alcoholic liquor."

Ninety bills in 40 states, the District of Columbia and Puerto Rico have been introduced in the 2015 legislative session to date.

Alabama made it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. Colorado enacted legislation defining powdered alcohol. Connecticut banned powdered alcohol. Georgia prohibitied the manufacture, use, sale, and possession of powdered alcohol with specified exceptions. Kansas prohibited the sale and service of powdered alcohol. Indiana made it a Class B infraction to possess, purchase, sell, offer to sell, or use powdered or crystalline alcohol. Maine enacted legislation that made the possession, use, sale or furnishing of powdered alcohol a civil violation and a repeat violation of selling or furnishing powdered alcohol a Class E crime that, if committed by a person with a license to sell liquor, subjects the person to a possible suspension of the liquor license for up to one year. Maryland prohibited a person from selling or offering to sell alcoholic beverages that are sold in a powder or crystalline form for direct use or use in combination with water or any other substance; provided that a person who violates the Act is guilty of a misdemeanor and on conviction is subject to a fine of up to $1,000; and provided for the termination of the Act in June 2016.

Minnesota prohibited the manufacture, import, distribute, or sale of powdered alcohol until June 1, 2016, while state agencies study the product. Nebraska and Nevada enacted legislation prohibiting the sale of powdered alcohol. New Mexico revised the definition of "alcoholic beverage" to include frozen and powdered alcohol. North Carolina prohibited the sale, possession, or consumption of powdered alcohol. North Dakota enacted §5-01-22 of the North Dakota Century Code, relating to the prohibition of powdered alcohol products. Ohio prohibited the sale of powdered or crystalline alcohol for human consumption. Oregon prohibited the retail sale of granulated alcohol. South Carolina enacted legislation that makes it one-year ban on powdered alcohol permanent. Tennessee created a Class A misdemeanor for the sale of powdered or crystalline alcohol. Utah made it is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, furnish, or possess powdered alcohol for human consumption and it is unlawful for a holder of a retail license to use powdered alcohol as an alcoholic product. Virginia enacted legislation that prohibits containers sold in or shipped into the state from including powdered or crystalline alcohol, and created a Class 1 misdemeanor for anyone who purchases, possesses, offers for sale or use, sells, or uses a powdered or crystalline alcohol product. Washington made it unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol. Any person who violates this provision will be guilty of a misdemeanor.

New Hampshire enacted legislation establishing a committee to study allowing the sampling of beer or wine at farmer’s markets, powdered or crystalline alcohol and adding solids, powders, and crystals to the definition of alcohol.

Powdered Alcohol Enacted Legislation MapAs of November, 27 states have banned powdered alcohol. Alabama, Alaska, Connecticut, Georgia, Hawaii, Kansas, Illinois, Indiana, Louisiana, Maine, Michigan, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia and Washington statutorily prohibit the sale of powdered alcohol. Maryland and Minnesota have temporary one-year statutory bans. Colorado, Delaware and New Mexico have included powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under their existing alcohol statutes.

The box allows you to conduct a full text search or type the state name.

State Bill Number: Bill Summary:
Powdered Alcohol 2015 Legislation
Alabama H.B. 382 Under existing law, there is no specific crime which makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill provides certain exceptions and criminal penalties.
Alabama

H.B. 421

Indefinitely postponed 6/3/15

Under existing law, there is no specific crime which makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill provides certain exceptions and criminal penalties.
Alabama

S.B. 365

Signed by governor 6/5/15, Act 385

Under existing law, there is no specific crime which makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill makes it illegal for a person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol. This bill provides certain exceptions and criminal penalties.
Alaska None  
Arizona H.B. 2057 Provides that it is unlawful for a person to possess, consume, ingest, purchase, sell, offer for sale or furnish spirituous liquor in powdered form.
Arizona

H.B. 2178

Vetoed by governor 4/14/15

The bill makes it illegal for a person to purchase, consume or ingest, or for a retailer to sell, offer for sale or furnish spirituous liquor in powder form. The bill also states that drinking wine in a public recreation area or on a private property with permission of the owner or lessor is lawful.
Arkansas None  
California None  
Colorado

H.B. 1031

Signed by governor 3/30/15, Chapter 62

The bill defines powdered alcohol. Provides that if the federal Alcohol and Tobacco Tax and Trade Bureau approves the use of powdered alcohol, the state shall enact and implement a mechanism for regulating and taxing powdered alcohol.
Connecticut

H.B. 5776

Failed Joint Favorable deadline 3/17/15

Prohibits the sale of powdered and crystalline alcohol.

Connecticut

H.B. 6077

Failed Joint Favorable deadline 3/17/15

Includes powdered alcohol in the definition of "alcohol."

Connecticut

H.B. 6080

Failed Joint Favorable deadline 3/17/15

Requires the commissioner of Consumer Protection to undertake a study of the physical and psychological effects of powdered alcohol and make recommendations regarding the regulation or banning of powdered alcohol in this state.
Connecticut

S.B. 386

Signed by governor 6/4/15, Public Act 15-24

This bill makes several unrelated changes to the Liquor Control Act by: 1. banning powdered alcohol; 2. expanding the hours a bowling establishment permittee may sell alcohol outside of its bar area by allowing alcohol sales in the bowling alley area after 11 a.m., rather than after 2 p.m.; 3. generally allowing those age 16 and 17, rather than age 18, to be employed by businesses holding an alcoholic permit; 4. (a) limiting licensed farm wineries that offer tastings of free wine or brandy samples to dispensing such samples out of bottles or containers that hold up to two gallons and (b) allowing wineries to sell on their premises brandy manufactured from Connecticut-harvested fruit and distilled in-state but off the premises; 5. (a) allowing manufacturer permittees who produce less than 25,000 gallons to sell alcoholic liquor at retail, (b) limiting wholesale distribution to manufacturers that produce under 10,000 gallons a year, and (c) allowing all manufacturer permittees to charge for tastings and changing certain tasting requirements; 6. allowing cider manufacturer permittees to offer free samples of cider and apple wine; 7. requiring certain manufacturer permittees to offer nonalcoholic beverages; and 8. allowing package stores to sell cigars.

Connecticut

S.B. 588

Failed Joint Favorable deadline 3/17/15

Bans the possession and sale of powdered alcohol.

Delaware None  
District of Columbia B21-151 Amends Title 25 of the District of Columbia Official Code to prohibit the sale of powdered, alcoholic beverages for consumption or use with any combination with water or any other substance.
District of Columbia B21-253 Amends Title 25 of the District of Columbia Official Code to clarify that a limited liability company can apply for a club license, to amend the definition of growler to include wine, to allow full-service grocery stores to sell growlers of wine, to reduce the length of time a club must be incorporated or formed prior to filing an application from one year to three months, to require a tavern with an entertainment endorsement to have a security plan, to require the holder of a club license to obtain an entertainment endorsement to be eligible to have entertainment, a cover charge, or offer facilities for dancing, to clarify that a licensee holding two or more brew pub permits in the District can transport beer manufactured at one brew pub facility to another brew pub facility owned by the same licensee for sale and consumption, to clarify the process regarding the licensee's failure to timely pay the annual or renewal fee, to require on-duty security staff working at nightclubs to wear clothing that clearly identifies them as security during those hours of operation that the establishment is open to the public, to clarify that a licensee is not permitted to exceed its Board approved capacity, to clarify that the alcoholic beverage sale and delivery hours for class B full-service grocery stores are identical to the hours for other class B retailers, to clarify those functions and responsibilities of an on-premises retailer's license that are not permitted to be performed by a promoter, to clarify that a pub crawl organizer is eligible to participate in the reimbursable detail subsidy program, to clarify that it is a primary tier violation to tamper with or refill alcoholic beverage bottles or containers, to define powdered alcohol, and to prohibit the possession, use, and sale of powdered alcohol products.
Florida

H.B. 823

Withdrawn prior to introduction 2/27/15

S.B. 998

Passed Senate 4/23/15

Defines the term “powdered alcohol”; prohibits the sale, offer for sale, purchase, use, offer for use, or possession of powdered alcohol; provides penalties; provides an exemption for the use of powdered alcohol by specified entities for research purposes.
Florida H.B. 1247 Prohibits sale of alcoholic beverages in powdered form or containing more than specified percentage of alcohol by volume; provides penalties.
Florida

S.B. 536

Died in committee 5/1/15

Prohibits the sale of a distilled spirit in powdered form.

Georgia

H.B. 152

Signed by governor 5/5/15, Act 78

Amends Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references, including prohibiting the manufacture, use, sale, and possession of powdered alcohol; provides for exceptions; provides for penalties.
Georgia

H.B. 276

Passed House 3/4/15
Amends Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references, including prohibiting the manufacture, use, sale, and possession of powdered alcohol; provides for exceptions; provides for penalties.
Guam Not available  
Hawaii H.B. 348

Defines and prohibits the consumption, purchase, possession, or sale of powdered alcohol.

Hawaii H.B. 1059 Requires the Department of Health to conduct a study regarding the risks associated with the consumption of powdered alcohol products and to report its findings to the legislature. Makes an appropriation.
Hawaii

S.B. 550

Signed by governor 7/1/15, Act 186

Prohibits the consumption, purchase, possession, and sale of powdered alcohol.  Defines powdered alcohol.
Idaho None  
Illinois

S.B. 67

Signed by governor 7/15/15, Public Act 99-0051

Amends the Liquor Control Act of 1934. Provides that no person shall sell, offer for sale, or deliver, receive, or purchase for resale in this state any product consisting of or containing powdered alcohol. Defines "powdered alcohol" as any powder or crystalline substance containing alcohol produced for human consumption. Provides that a knowing violation of the prohibition on selling, offering for sale, or delivering, receiving, or purchasing for resale in this State any product consisting of or containing powdered alcohol is a Class A misdemeanor for a first offense and a Class 4 felony for second or subsequent offense.
Indiana

S.B. 6

Signed by governor 4/29/15, Public Law 70

Makes it a Class B infraction to possess, purchase, sell, offer to sell, or use powdered or crystalline alcohol. Establishes exceptions.
Iowa

H.F. 494

H.S.B. 132

Became H.F. 494 3/4/15

Prohibits a person or club holding a liquor control license or retail wine or beer permit from selling or possessing alcoholic liquor in powdered or crystalline form for consumption and makes penalties applicable.

Iowa

S.F. 123

Passed Senate 3/18/15

S.S.B. 1031

Became S.F. 123 2/2/15

This bill prohibits a person or club holding a liquor control license or retail wine or beer permit, or their agents or employees, from selling, giving, possessing, or supplying for human consumption powdered or crystalline alcoholic liquor. Pursuant to the provisions of Code §123.50, a violation of the provisions of the bill is a simple misdemeanor and is grounds for the revocation or suspension of the person’s license or permit.
Kansas

H.B. 2088

Passed House 3/25/15

Creates and amends law concerning citations issued for violations of the Liquor Control Act and the Club and Drinking Establishment Act. The bill bans the sale and service of powdered alcohol. Amends the Club and Drinking Establishment Act to prohibit clubs, drinking establishments, caterers, holders of temporary permits, and public venues from selling, offering to sell, or serving free of charge any form of powdered alcohol. The bill also defines “powdered alcohol” as alcohol prepared in a powdered or crystal form for either direct use or for reconstruction in a nonalcoholic liquid.
Kansas H.B. 2208 The bill bans the sale and service of powdered alcohol. Amends the Club and Drinking Establishment Act to prohibit clubs, drinking establishments, caterers, holders of temporary permits, and public venues from selling, offering to sell, or serving free of charge any form of powdered alcohol. The bill defines “powdered alcohol” as alcohol prepared in a powdered or crystal form for either direct use or for reconstruction in a nonalcoholic liquid.
Kansas

H.B. 2223

Signed by governor 6/5/15, Chapter 82

The bill makes changes to several different areas of law concerning alcoholic liquor. The bill addresses the following topics: infusing alcohol with flavors or other ingredients; citations issued for violations of the Liquor Control Act and Club and Drinking Establishment Act; eligibility to obtain a liquor license; sampling of alcohol by retailers and prohibits the sale and service of powdered alcohol.
Kentucky

H.B. 71

Passed Senate 3/24/15

Amends alcohol statutes, including expanding the definition of "alcoholic beverage" to include a powder or crystal containing alcohol.
Kentucky

S.B. 81

Passed Senate 2/11/15

Amends KRS 241.010 to define "bed and breakfast," "discount in the usual course of business," and "marina"; expands the definition of "alcoholic beverage" to include a powder or crystal containing alcohol.
Louisiana None  
Maine

L.D. 1176

Veto overridden 6/16/15, Chapter 205

This bill makes the possession, use, sale or furnishing of powdered alcohol a civil violation and a repeat violation of selling or furnishing powdered alcohol a Class E crime that, if committed by a person with a license to sell liquor, subjects the person to a possible suspension of the liquor license for up to one year.
Maryland

H.B. 1288

Signed by governor 5/12/15, Chapter 475

Prohibits a person from selling or offering to sell alcoholic beverages that are sold in a powder or crystalline form for direct use or use in combination with water or any other substance; provides that a person who violates the Act is guilty of a misdemeanor and on conviction is subject to a fine of up to $1,000; and provides for the termination of the Act.
Maryland

S.B. 937

Vetoed by governor – duplicative  5/12/15

Prohibits a person from selling or offering to sell alcoholic beverages that are sold in a powder or crystalline form for direct use or use in combination with water or any other substance; provides for a penalty of up to $1,000 for a violation of the Act; and provides for the termination of the Act.
Massachusetts H.B. 243 Relates to the sale, delivery, receipt or purchase for resale of powdered alcoholic products.
Massachusetts S.B. 173 Prohibits a person from using, possessing, selling, offering for sale or use, manufacturing with intent to sell, or exposing or keeping for sale, storing, transporting, importing or exporting powdered alcohol. Whoever violates this section shall be punished except by a fine of not less than $100 nor more than $1,000 or by imprisonment for not more than one year, or both. Provides that the prohibition does not apply to the use of powdered alcohol for bona fide research purposes by a health care provider that operates primarily for the purpose of conducting scientific research; (2) state institution; (3) private college or university; or (4) pharmaceutical or biotechnology company.
Massachusetts

S.B. 2022

Passed Senate 10/1/15
Defines powdered alcohol and provides that no person shall sell, offer for sale, manufacture or possess powdered alcohol. Whoever violates this section shall be punished by a fine of not less than $100 nor more than $1,000.
Michigan H.B. 4416

Prohibits the sale, use, or possession of powdered alcohol.

Michigan

S.B. 240

Signed by governor 10/28/15, Public Act 165

Prohibits the sale, use, or possession of powdered alcohol.

Minnesota

H.F. 1090

Indefinitely postponed 4/17/15

S.F. 1238

Signed by governor 5/1/15, Chapter 9

Provides that no person shall manufacture, import, distribute, or sell powdered alcohol until June 1, 2016. Requires the director of the Division of Alcohol and Gambling Enforcement to prepare testimony for the House of Representatives Commerce and Regulatory Reform Committee, and any other relevant committee, about whether current laws could be adequately enforced with regard to the manufacture, importation, distribution, and sale of powdered alcohol. The director may make recommendations for legislation addressing any stated concerns. The testimony required is due by Dec. 7, 2015. Requires the commissioner of health to prepare testimony for the House of Representatives Health and Human Services Reform Committee, and any other relevant committee, about the public health impact of powdered alcohol. The commissioner must address whether there is a potential for greater abuse of and addiction to powdered alcohol relative to malt liquor, wine, and distilled spirits. The commissioner may make recommendations for legislation addressing any stated concerns. The testimony required is due by Dec. 7, 2015.
Minnesota

H.F. 1937

S.F. 1940

Prohibits the sale of powdered alcohol for one year; requires agency testimony on the impact of powdered alcohol on law enforcement and public health.
Mississippi

H.B. 1108

Died in Senate committee 3/3/15

Amends §67-1-5 to revise the definition of the term "alcoholic beverage" under the local option alcoholic beverage control law to provide that the term does not include powdered alcohol; defines the term "powdered alcohol" under the local option alcoholic beverage control law; amends §§67-1-9 and 67-1-17 to provide that powdered alcohol is prohibited in this state and may not lawfully be manufactured, mixed, processed, sold, possessed, imported into the state, exported from the state, transported, distributed, warehoused or stored in this state, and that powdered alcohol is subject to seizure by the Department of Revenue and Forfeiture; amends §§67-1-18, 67-1-93, 67-1-95, 67-1-97 and 67-1-99, in conformity thereto.
Mississippi

S.B. 2118

Died in conference committee 3/30/15

Provides that alcoholic beverages shall not include powdered alcohol.
Missouri

H.B. 180

Passed House 5/4/15

This bill specifies that the provisions regarding the sale of intoxicating liquor to a minor and the permitted drinking or possession of intoxicating liquor to a minor are to be known as Austin's Law. The bill changes the penalty for a person who knowingly allows a minor to drink or possess intoxicating liquor who is not the minor's parent or guardian from a class B misdemeanor to a class D felony for an offense committed before Jan. 1, 2017, and a class E felony for an offense committed on or after Jan. 1, 2017. The penalty for any subsequent violation is changed from a class A misdemeanor to a class C felony for an offense committed before Jan. 1, 2017, and a class D felony for any subsequent violation committed on or after Jan. 1, 2017. If an individual under the age of 21 injures or kills another person while intoxicated, the penalty is a class B felony. The bill exempts any business licensed to sell alcohol and his or her employee from the class B felony provisions of the bill. A person commits the offense of illegal possession of powdered alcohol if he or she purchases, possesses, offers for sale or use, uses, or sells powdered alcohol or ships any package or container that contains powdered alcohol into this state. Any person who violates this provision must be guilty of a class C misdemeanor. "Powdered alcohol" means alcohol that is prepared in a powdered, crystalline, or capsule form either for direct use or for reconstitution in a nonalcoholic liquid. These provisions must not apply to any hospital that operates primarily for the purpose of scientific research; any state institution or college or university conducting scientific research; or any pharmaceutical or biotechnology company conducting research. The provisions of the bill regarding powdered alcohol contain an emergency clause.
Missouri

H.B. 842

Passed House 4/28/15

This bill creates the Division of Alcohol and Tobacco Control Fund. The fund will consist of 70 percent of all fees for licenses and permits collected under Chapter 311, RSMo, and requires moneys in the fund, upon appropriations, to be used to support the Division of Alcohol and Tobacco Control within the Department of Public Safety and for the administration of alcohol and tobacco rules and regulations under Chapters 311 and §§407.924 to 407.934. The remaining funds do not revert to the General Revenue Fund. The bill defines "powdered alcohol" as alcohol that is prepared in a powdered, crystalline, or capsule form either for direct use or for reconstitution in a nonalcoholic liquid. The bill prohibits the sale or serving of powdered alcohol, and creates the offense of illegal possession of powdered alcohol, as specified in the bill. Anyone who violates these provisions is guilty of a class C misdemeanor.
Missouri H.B. 1325 This bill defines "powdered alcohol" as alcohol that is prepared in a powdered, crystalline, or capsule form either for direct use or for reconstitution in a nonalcoholic liquid. The bill prohibits the sale or serving of powdered alcohol, and creates the offense of illegal possession of powdered alcohol, as specified in the bill. Anyone who violates these provisions is guilty of a class C misdemeanor. The bill has an expiration date of Aug. 28, 2016.
Missouri H.B. 1329 This bill defines "powdered alcohol" as alcohol that is prepared in a powdered, crystalline, or capsule form either for direct use or for reconstitution in a nonalcoholic liquid. The bill prohibits the sale or serving of powdered alcohol, and creates the offense of illegal possession of powdered alcohol, as specified in the bill. Anyone who violates these provisions is guilty of a class C misdemeanor.
Montana None  
Nebraska

L.B. 330

Signed by governor 5/27/15

Amends §§2 53-103.01, 53-103.02, 53-130, 53-135, 53-167.02, 53-167.03, 3 53-1,107, 53-1,111, and 53-1,113, Reissue Revised Statutes of Nebraska, and §§53-101, 53-103, 53-103.03, 53-123.15, 53-123.17, 53-133, and 53-177, Revised Statutes Cumulative Supplement, 2014; defines and redefines terms, prohibits powdered alcohol.
Nevada

S.B. 464

Signed by governor 5/29/15, Chapter 288

Prohibits the sale, distribution, purchase, possession or use of powdered alcohol; exempts a person under 21 years of age from criminal liability for the consumption or possession of alcohol when the person requests emergency medical assistance for himself, herself or another person in certain circumstances; exempts a person for whom such assistance is requested from such criminal liability; provides a penalty.
New Hampshire

S.B. 99

Signed by governor 7/20/15, Chapter 267

This bill establishes a committee to study allowing the sampling of beer or wine at farmer’s markets; establishes a committee to study powdered or crystalline alcohol and adds solids, powders, and crystals to the definition of alcohol.
New Jersey

A.B. 3580

Signed by governor 11/9/15, Chapter 137

S.B. 2846

Substituted 6/29/15

The bill provides that no person shall sell purchase for resale in this state any product consisting of or containing powdered alcohol. The bill defines “powdered alcohol” as a powder or crystalline substance containing alcohol which is produced for human consumption.
New Mexico

H.B. 243

Signed by governor 4/9/15, Chapter 102

Relates to liquor control; revises the definition of "alcoholic beverage" to include frozen and powdered alcohol; adds a definition for "growler"; revises provisions relating to liquor license application requirements, public hearings, the service, sale and production of alcoholic beverages and the transfer of licenses; reconciles conflicting amendments to the same section of law by repealing laws 2001, Chapter 248, §2.

New Mexico

H.B. 550

Makes the use, sale, offer or possession of powdered alcohol illegal; prohibits the use of powdered alcohol to prepare alcoholic beverages for sale; provides for penalties and fines.
New York

A.B. 1357

Substituted 6/11/15

S.B. 1757

Signed by governor 8/14/15, Chapter 231

Prohibits the sale or offering for sale of any powdered or crystalline alcohol product.

New York

H.B. 4236

S.B. 1354

Prohibits the sale of powdered alcohol and the possession of powdered distilled alcohol by persons under the age of 21.
New York A.B. 8292 Prohibits the sale of any powdered or crystalline alcoholic beverage product.
North Carolina

H.B. 290

Passed House 4/28/15

Prohibits the sale, possession, or consumption of powdered alcohol and clarifies that the Administrative Procedure Act applies to certain actions taken by the ABC Commission.
North Carolina

H.B. 707

Prohibits the sale, possession, or consumption of powdered alcohol.
North Carolina

H.B. 909

Signed by governor 6/19/15, Chapter 98

Makes various changes to the alcoholic beverage control commission laws; prohibits the sale, possession, or consumption of powdered alcohol.
North Dakota

H.B. 1464

Signed by governor 4/24/15, Chapter 76

Creates and enacts §5-01-22 of the North Dakota Century Code, relating to the prohibition of powdered alcohol products.
N. Mariana Islands Not available  
Ohio

H.B. 14

Passed House 2/18/15

Enacts §4301.71 of the Revised Code to prohibit the sale of powdered or crystalline alcohol for human consumption.
Ohio

S.B. 7

Signed by governor 6/25/15, Session Law 8

Enacts §§2925.34 and 4301.71 of the Revised Code to prohibit the sale of pure caffeine products and to prohibit the sale of powdered or crystalline alcohol for human consumption.
Oklahoma

S.B. 720

To conference committee 4/29/15

Prohibits use or sale of powdered alcohol; prohibits licensee from using powdered alcohol; sets penalties.
Oregon

S.B. 937

Signed by governor 6/16/15, Chapter 463

Prohibits retail sale of granulated alcohol. Allows sale of granulated alcohol at wholesale only for scientific, industrial, manufacturing or other purposes approved by Oregon Liquor Control Commission.
Pennsylvania H.B. 847 Provides that it shall be unlawful to possess, purchase, sell or use powdered or crystalline alcohol. This prohibition shall not apply to commercial or industrial use specifically approved by state law, a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research or a pharmaceutical company conducting bona fide research.
Pennsylvania H.B. 1196

Passed House 6/25/15

Provide that it is unlawful to possess, purchase, sell or use powdered or crystalline alcohol. This paragraph shall not apply to commercial or industrial use specifically approved by state law, a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research or a pharmaceutical company conducting bona fide research.
Pennsylvania S.B. 588 Provides that it is unlawful a person to possess or sell powdered alcohol. This provision shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research or a pharmaceutical company conducting bona fide research.
Pennsylvania

S.B. 773

Passed Senate 9/18/15

Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in minors; provides for definition of powdered alcohol.
Puerto Rico H.R. 1196 Directs the House Committee on Health to study possible risks, both physiological and psychological, health of the Puerto Rican population effects due to inhalation or ingestion of substances known as alcohol powder and crystalline alcohol, also known as concentrated alcohol, listening options in case the Federal Alcohol and Tobacco Tax and Trade Bureau approved the sale of these substances and recommend possible control mechanisms, regulation or express prohibition of these substances in Puerto Rico.
Rhode Island

H.B. 5189

Passed House 6/17/15

This bill makes the possession of powdered alcohol a crime punishable by a fine and/or imprisonment.
Rhode Island

S.B. 175

Passed Senate 3/12/15

This bill makes the possession of powdered alcohol a crime punishable by a fine and/or imprisonment.
South Carolina

S.B. 179

Signed by governor 6/5/15, Act 73

Amends §61-6-20, relating to the definition of alcoholic liquors, so as to include powdered or crystalline alcohols when hydrolyzed in the definition of alcoholic liquors and amends §61-6-4157, relating to the prohibition to possess, use, sell, or purchase powdered alcohol, so as to include both powdered and crystalline alcohol when hydrolyzed.
South Dakota None  
Tennessee

H.B. 404

Substituted 4/13/15

S.B. 374

Signed by governor 4/28/15, Public Chapter 311

Creates a Class A misdemeanor for sale of powdered or crystalline alcohol.

Texas H.B. 1018

Relates to the prohibition of certain alcoholic beverages; creates an offense.

Utah

H.B. 48

Signed by governor 3/23/15, Chapter 54

This bill modifies the Alcoholic Beverage Control Act to address powdered alcohol. This bill: defines terms; prohibits certain actions related to powdered alcohol; and provides exemptions.
Vermont None  
Virginia

H.B. 1908

Signed by governor 4/15/15, Chapter 735

S.B. 1034

Signed by governor 2/26/15, Chapter 25

Adds powdered or crystalline alcohol to the definition of alcoholic beverages, prohibits containers sold in or shipped into the commonwealth from including powdered or crystalline alcohol, and creates a Class 1 misdemeanor for anyone who purchases, offers for sale or use, or sells or uses a powdered or crystalline alcoholic product.
Virgin Islands Not available  
Washington

S.B. 5292

Signed by governor 5/7/15, Chapter 193

Prohibits the use, purchase, sale, and possession of powdered alcohol, except for bona fide research purposes.
Washington S.B. 6082

Prohibits the use, purchase, sale, or possession of powdered alcohol.

Wisconsin A.B. 72 Under this bill, a person may not sell or offer for sale powdered alcohol. The bill defines powdered alcohol as any substance that is sold in powder or crystalline form, that contains more than 0.4 percent alcohol by weight, and that is fit for human consumption either in its powder or crystalline form or after it is added to food or reconstituted with water or another liquid. There are exceptions under the bill, including for powdered alcohol, used for nonbeverage purposes, that is used by hospitals or for scientific research or other medicinal, pharmaceutical, or industrial purposes. A person who violates the prohibition must be fined not more than $1,000 or imprisoned for not more than 90 days or both.
Wisconsin S.B. 10 Under this bill, a person may not sell or offer for sale powdered alcohol. The bill defines powdered alcohol as any substance that is sold in powder or crystalline form, that contains more than 0.4 percent alcohol by weight, and that is fit for human consumption either in its powder or crystalline form or after it is added to food or reconstituted with water or another liquid. There are exceptions under the bill, including for powdered alcohol, used for nonbeverage purposes, that is used by hospitals or for scientific research or other medicinal, pharmaceutical, or industrial purposes. A person who violates the prohibition must be fined not more than $1,000 or imprisoned for not more than 90 days or both.
Wyoming

S.F. 106

Passed Senate 1/28/15

Prohibits use, purchase, sale, solicitation and possession of powdered alcohol as specified; provides penalties; provides exceptions.

 

 

 

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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and medical malpractice issues for NCSL.
 

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