Pubdate: Thu, 09 Jan 2014
Source: Philadelphia Daily News (PA)
Section: Joe Sixpack
Copyright: 2014 Philadelphia Newspapers Inc.
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Website: http://www.philly.com/dailynews/
Details: http://www.mapinc.org/media/339
Author: Don Russell
Note: "Joe Sixpack" is written by Don Russell. For more on the beer
scene, sign up for his weekly email update at www.joesixpack.net.

IN THESE HEADY TIMES, YOU REALLY HAVE TO WEED THE LABEL

SO, THAT'S what they mean by Miller High Life. With this month's
ballyhooed legalization of marijuana in Colorado, some beer makers are
adding playful drug references to their brand names and labels, and
regulators can do little to censor them.

Label oversight, a quirky if contentious area of federal alcohol law,
has confounded breweries for years with often capricious standards
that bear little on consumer protection.

Federal law, for example, oddly prohibits the use of coats of arms or
wording that promises "pre-war strength," whatever that means.

Likewise, labels with drug references and slang have been a no-no. In
recent years, one California brewer, for example, was forced to change
the name of its Kronik Ale, and another was told to rename its Orange
Kush wheat beer.

However, drug terminology is not explicitly banned by any federal
alcohol law. Instead, the prohibition stems from a broad
interpretation of regulations that prohibit "obscene or indecent"
statements or designs on labels.

Now, no one had to tell the old school industrialists from St. Louis
and Milwaukee not to use drug references on their labels. Marijuana
wasn't just illegal, it was the competition.

Today? Well, let's just say that the new generation of craft brewers -
and many of their customers - have a more liberal appreciation for
pot.

The federal Bureau of Alcohol, Tobacco and Firearms understood the
changing attitude back in 1994, when it issued an industry circular
that advised that "as a law enforcement agency, [we] cannot condone
alcoholic beverage labels that contain any names of drugs, drug terms
or slang associated with drugs or any depiction of drug paraphernalia.
We do not believe that responsible industry members should want or
would want to portray their products in any socially unacceptable manner."

But that was before state after state endorsed marijuana for medical
use, and, more specifically, before Colorado and Washington state
legalized grass for recreational purposes.

Today, as a majority of voters supports legal weed, the only thing
"socially unacceptable" about pot is Bogarting a joint.

"It's always been very subjective," said Robert C. Lehrman, a
Washington, D.C., lawyer specializing in beverage law. "These are not
bright lines, they're constantly shifting."

We're already seeing some brewers test the (bong) waters.

Two Washington state breweries, Redhook and Hilliard, celebrated
legalization with a hemp ale called Joint Effort, served with an
imaginative bong-shaped tap handle.

In Boulder, Colo., West Flanders Brewing last weekend released
Recreational Smoke, "a homegrown, fully legal" porter made with "baked
and toasted" malts and described as "mellow" and "heady."

Neither beer is distributed beyond state lines, so their breweries
didn't require label approval from the federal Alcohol and Tobacco Tax
and Trade Bureau. But there's a pretty good chance that they would've
gotten the OK.

First, there's that whole First Amendment free-speech thing, in which
even the "F-word" is no longer particularly shocking. (Don't believe
me? Check your local beer shelves for Danish-brewed F--k Art Let's
Dance Belgian-style tripel.)

Secondly, the TTB isn't exactly the DEA.

Not long ago, the alcohol agency gave the go-ahead to an imported
vodka from Holland-made Bong Spirit. Its bottle is shaped suspiciously
like something the U.S. attorney prosecuted Tommy Chong for selling a
few years ago.

Whether through ignorance of drug slang or changing attitudes, the TTB
has given thumbs-up to dozens of beers with sly marijuana references,
including 420, Dank Tank, Mary Jane, HempEweizen, AK-47, Baked, Maui
Waui, Hazed and Infused, Contact High and more. (Visit my website,
where I've posted a bunch of others.)

Yes, there are limits. Dark Horse Brewing, in Michigan, lost its bid
for Smells Like Weed IPA, though its hops, in fact, smell like pot.
The name was later changed to Smells Like A Safety Meeting IPA. (A
"safety meeting" is slang for taking a break on the job to light up a
doober.)

But expect to see fewer of those objections as more states move toward
legalization.

"I would say the current policy is, if you put a big, fat joint on the
label, it's probably too aggressive," Lehrman said. "But if you work
with them, say, maybe use a small joint that looks like something else
. . . you might get approved."

In other words, this Bud's for you.  
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MAP posted-by: Jo-D