Colorado

Updated: 09/2016

Status: Permitted, subject to federal law.

Statute

Colorado statute § 12-47-106 permits an adult to produce for personal use and not for sale such amounts of malt liquor as is exempt from federal excise tax on such liquor.

Discussion

Colorado statute §12-47-106 basically allows for the home production of beer as defined by Federal law. The statute is basic and effective allowing for the manufacture of beer in the home as prescribed by federal statute (Title 26, Chapter 51, Subchapter A, Part I, Subpart D, §5053). Paragraph (d) authorizes the delivery to and consumption of home brewed beer in competitions, exhibitions, tastings, judgings, etc.

Download the Colorado Liquor Enforcement Division Homebrew Use & Limitations document for a list of Questions & Answers regarding the legality of homebrew in Colorado.

Special Provisions

The Colorado definition of Malt Liquors is defined in Colorado statute §12-47-103 (19).

State Alcohol Beverage Control Agency

Liquor & Tobacco Enforcement Division

• 1881 Pierce St., Suite 108
• Lakewood, CO 80214
• Phone: 303-205-2300
• Fax: 303-205-2341

Applicable Statutory Material

12-47-103. Definitions. As used in this article and article 46 of this title, unless the context otherwise requires:

(1) “Adult” means a person lawfully permitted to purchase alcohol beverages.

(2) “Alcohol beverage” means fermented malt beverage or malt, vinous, or spirituous liquors; except that “alcohol beverage” shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410 (1) (i) (II), C.R.S.

(8) “Fermented malt beverage” has the same meaning as provided in section 12-46-103 (1).

(13) “License” means a grant to a licensee to manufacture or sell alcohol beverages as provided by this article.

(14) “Licensed premises” means the premises specified in an application for a license under this article that are owned or in possession of the licensee within which the licensee is authorized to sell, dispense, or serve alcohol beverages in accordance with this article.

(19) [Editor’s note: This version of subsection (19) is effective until January 1, 2019.] “Malt liquors” includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent of alcohol by weight or four percent alcohol by volume.

(19) [Editor’s note: This version of subsection (19) is effective January 1, 2019.] “Malt liquors” includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing not less than one-half of one percent alcohol by volume.

(39) “Vinous liquors” means wine and fortified wines that contain not less than one-half of one percent and not more than twenty-one percent alcohol by volume and shall be construed to mean an alcohol beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.

12-47-106. Exemptions. (1) The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.

(2) (a) Notwithstanding any provision of this article or article 46 of this title to the contrary, when permitted by federal law and rules and regulations promulgated pursuant thereto, an adult may produce, for personal use and not for sale, an amount of fermented malt beverage or malt or vinous liquor equal to the amount that is exempt from the federal excise tax on the alcohol beverage when produced by an adult for personal use and not for sale.

(b) The production of fermented malt beverages or malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.

(c) Fermented malt beverages or malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article or article 46 of this title.

(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption of malt liquors by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.