Alcohol Regulation as a Model for Cannabis Regulation: the Benefits and Drawbacks

The rapid evolution of the cannabis industry in the United States poses many unique questions, the most interesting of which is what cannabis regulation will look like under federal legalization. Although (legal) cannabis is a brand new industry, it is not the first time the United States has come out of a prohibition era. The cannabis industry can learn from the regulatory schemes governing the alcohol industry to assist with a smoother transition into an era where recreational use of cannabis is no longer a taboo in our society. This article provides an overview of the current regulatory systems for both industries, the key regulatory agencies, the merits of the alcohol industry’s three-tier system as a model for cannabis, and the applicability of direct-to-consumer (DTC) alcohol laws to cannabis.

PA-Businesses cited for violating liquor laws

More than a dozen businesses, including seven in Lycoming County, were cited for violating liquor laws by the State Police Bureau of Liquor Control Enforcement recently.

The agency investigated 35 complaints and issued 14 violation citations; another 24 warning letters were issued.

IL-15 establishments in Lake County cited for selling alcohol to minors

15 establishments in Lake County were cited for selling alcohol to minors as a result of a countywide initiative in spring, officials said.

The Lake County Underage Drinking and Drug Prevention Task Force said in a statement that police departments in seven Lake County towns participated in alcohol compliance checks.

The task force was formed to combine the efforts of the Lake County Chiefs of Police Association and the Lake County After School Coalition.

The organization aims to prevent underage consumption of alcohol and drugs.

Out of 80 compliance checks, 15 establishments allegedly sold alcohol to a person under 21, which is a Class A misdemeanor.

CT-Southport shooting came after repeated incidents at restaurant, records show

Police say no arrest has been made in the investigation of a shooting at a Southport restaurant two weeks ago, but records show the incident was not the first time officers have been called to Wafu Asian Bistro.

In the months leading up to the incident, police were called to Wafu multiple times for a variety of infractions including public urination, underage drinking and a bouncer allegedly pepper spraying a crowd.

Since the shooting, the state Department of Consumer Protection has suspended the establishment’s liquor permit indefinitely, citing “several instances of dangerous and unlawful conduct.”

In a letter to DCP in which he requested the suspension of the liquor license, Fairfield Chief of Police Robert Kalamaras said investigators learned that the bistro was hosting a large party called “Sin City.”

While investigating the incident, police looked at the restaurant’s Instagram account, which “shows flyers for several DJ events and videos showing what appears to be the restaurant converted into a gentlemen’s club,” Kalamaras said in the letter.

NTSB Evaluates States’ Progress on Alcohol-Impaired Driving

Ahead of the Fourth of July holiday, often one of the deadliest on the nation’s roadways, the National Transportation Safety Board completed a comprehensive review of its recommendations to all 50 states, Puerto Rico, and the District of Columbia aimed at combatting alcohol-impaired driving. The effort reveals a troubling lack of action over the past decade.​​

“Eliminating alcohol-impaired driving, which accounts for about a third of all traffic fatalities each year, is an essential step toward our goal of zero traffic deaths,” said NTSB Chair Jennifer Homendy. “As deaths continue to increase, all parts of society share the responsibility for road safety, from vehicle manufacturers to drivers to elected officials at every level. State governments need to break their cycle of complacency before one more family has to plan a funeral — a decade of inaction is inexcusable.”

Nearly 100,000 people have died in alcohol-impaired driving crashes since the NTSB issued its 2013 Reaching Zero report, which recommended that states require alcohol ignition interlock devices and lower the per se blood alcohol concentration (BAC) limit to 0.05 or lower for all drivers, among other actions.​

TTB Addresses New Labeling and Standards of Fill Regulations -- Free Webinar

NABCA

The TTB has recently announced updates to its Labeling and Standards of Fill Rules for all beverage alcohol products. Two TTB representatives will address this topic via a NABCA-hosted free webinar on Wednesday, July 13, 2022, from 2:30 – 3:30 p.m. EST. In addition to other related changes, these representatives will address:

• Updates to labeling regulations for malt beverage and distilled spirits.
• Updates to regulations that govern wine and distilled spirits containers, adding seven new standards of fill for wine and distilled spirits to facilitate domestic and international commerce.

This webinar is open to everyone who would like to register.

Presenter biographies:

Christopher Thiemann is the Distilled Spirits Program Manager in the Regulations and Rulings Division at the Alcohol and Tobacco Tax and Trade Bureau (TTB). Chris has recently been leading TTB’s labeling and advertising regulations modernization project. This project is part of TTB’s larger initiative to update the regulations and streamline labeling and formula procedures to provide increased efficiencies for industry and other stakeholders. Chris works closely with TTB’s Outreach Program and he started his career at TTB in 2008 as a Presidential Management Fellow. He also spent time in the Office of the Secretary of Health and Human Services working on Global Health issues. Chris holds a bachelor’s degree from Columbia University and J.D. and M.B.A. degrees from Ohio State University.

Curt Eilers is a regulations specialist with TTB's Regulations and Rulings Division, located in Washington, D.C. He regularly answers questions from brewers on beer labeling and production issues. Curt was involved in TTB's most recent ruling on gluten content claims and assisted in TTB's label modernization rulemaking project.

The Three-Tier System: A Health Report

By Pamela Erickson

The state-based three-tier system is fundamental to our country’s alcohol regulatory framework, yet it is consistently under attack. You see articles in the media which advocate treating alcohol like any other commodity. As the former head alcohol buyer for Costco once said “…But at the end of the day, it’s just a beverage.” She noted that alcohol was nothing special and it was akin to commodities like toilet paper or tin foil! (In fact, many states have important pricing and marketing regulations that are unique to alcohol.)

So why do we have a three-tier system and what does it do for us?

4th Circuit Denies Petitions for Rehearing and En Banc Hearing Request on North Carolina Retailer Shipping Case

Today the 4th Circuit denied the petition for rehearing as well as the petition to have an en banc hearing of the entire 4th Circuit for the out of state retailer shipping case in North Carolina.

I presume this will be another case that the plaintiffs will seek Supreme Court review as they had in their losses in the 6th and 8th Circuits.

(previous post) 4th Circuit Upholds North Carolina Retail Delivery Law

Today the 4th Circuit issued its opinion rejecting the challenge by wine afficandos and a Florida retailer to a law that prohibits out of state retailers from selling to North Carolina consumers. This opinion is consistent with opinions in the the 6th (MI) and 8th (MO) Circuits upholding similar state laws from dormant Commerce Clause challenge.

Near Real-Time Exploration of the COVID-19 Pandemic

The US COVID Atlas is a visualization tool led by a

University of Chicago research coalition.

In a quickly changing pandemic landscape, our tool connects COVID case data and community indicators across the United States from its beginning to today. The Atlas helps you access current, validated county-level data and spatial analysis to better understand the spread in communities and to bolster planning efforts.

U.S. Marshals Become Leader in Modern Police Training

In April of 2022, Dr. Bill Lewinski, executive director at Force Science, was invited to Mesa, Arizona, to evaluate the U.S. Marshals’ latest High-Risk Fugitive Apprehension – Human Performance training. Dr. Lewinski was not disappointed, “The Marshals’ training was exceptional. They’re not only building excellent tactical officers, they are using the latest evidence-based learning strategies to build excellent decision-makers.”

Force Science has long recognized that the most effective police training will reflect the interdisciplinary, integrated, and varied nature of policing. Dr. Lewinski observed, “Like other highly skilled clinical professions, top law enforcement trainers will integrate expert knowledge [e.g., medical, tactical, legal] with expert performance and expert decision-making. The Marshals have done just that.”