Tuesday, August 21, 2012

Beer and wine, "nonalcoholic and nonintoxicating"?

On Nov 2, 2:56 pm, Mike <prabb...@shamrocksgf.com> wrote:
> Now the other statute that I quoted part of says "All beers, ales,
> porter, and other similar malt or fermented beverages containing not in
> excess of five percent of alcohol by weight and all wines containing not
> in excess of twenty-one percent of alcohol by volume are declared to be
> nonalcoholic and nonintoxicating beverages" but they are STILL
> restricted to those over 21 (except for such uses as religious, served
> at home by a parent, etc.)

That's really what the law says in SC?   It's news to me that 5% beer or 21% wine is "nonalcoholic and nonintoxicating."   It's quite possible to get seriously drunk with either of them: alcohol is alcohol, and one 12-oz. can of 5% beer contains equivalent alcohol to a 3 oz. glass of 20% wine or a 1 oz. shot of 60% (120 proof) distilled spirits.  Each drink contains 0.6 ounces of pure ethanol; it's simple math.  Sounds like the law hasn't kept up with science down there.

Perhaps the reason for the statutory scheme is that there are separate state-controlled stores for "hard" liquor, but any ol' grocery, gas station or bait shop can sell a case of beer?   If that's the rationale, ISTM they could have come up with a better name for the low-test stuff (beer and wine) than the misleadingly innocent-sounding term "nonalcoholic and nonintoxicating."  Even if the law still says those under 21 can't buy it, that's not a message you want to be communicating to impressionable teens; it's like telling them that oral sex is OK because it isn't "really" sex.

--
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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