Alcohol in Mississippi
The State makes a distinction between “alcoholic beverages” and light wine, spirit products, and beer. To be considered an alcoholic beverage, the beverage must contain more than five percent (5%) alcohol by weight.
It is the policy of the State of Mississippi in favor of the prohibition of the manufacture, sale, distribution, and transportation of alcoholic beverages, except in counties and municipalities who have voted themselves out from under the prohibition laws of the State. Since January 1, 2021, the prohibition against the possession of alcohol throughout the State has been renounced. (Section 67-1-3 of the Mississippi Code of 1972, as amended.) Interestingly and despite the State policy of prohibition against alcoholic beverages, the Mississippi Department of Revenue is the wholesale distributor and seller of nearly all alcoholic beverages and is the entity responsible for issuing permits to manufactures and retailers. (Section 67-1-41 of the Mississippi Code of 1972, as amended.)
Since 2020, prohibition against the manufacture, sale, distribution, transportation, and possession of light wines, spirit products and beer has been repealed, except in counties and municipalities that have voted in favor of prohibition.
Every person has the right to make homemade wine for household use, and every person twenty-one year of age or older has the right to make homemade beer for household use. (Section 67-3-11 of the Mississippi Code of 1972, as amended.)
While you have to be twenty-one years old to make a legal purchase, a person who is at least eighteen (18) years of age but under the age of twenty-one (21) years may possess and consume light wine, light spirit product or beer with the consent of his parent or legal guardian in the presence of his parent or legal guardian, and it shall not be unlawful for the parent, legal guardian or spouse of such person to furnish light wine, light spirit product or beer to such person who is at least eighteen (18) years of age. (Section 67-3-54 of the Mississippi Code of 1972, as amended.)
A person who is at least eighteen (18) years of age and who is serving in the armed services of the United States may lawfully possess and consume light wine, light spirit product or beer on military property where the consumption of light wine, light spirit product or beer is allowed. (Section 67-3-54 of the Mississippi Code of 1972, as amended.)
A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light wine, light spirit product or beer, if in the scope of his employment such person, that person clears or buses tables that have glasses or other containers that contain or did contain light wine, light spirit product or beer, waits on tables by taking orders for light wine, light spirit product or beer, or stocks, bags or otherwise handles purchases of light wine, light spirit product or beer at a store.
