Drinking Non-Alcoholic Beer Can Be A Crime?

near-beer
There was a news item a few days ago that recently a fifth grade teacher in Michigan offered students non-alcoholic beer — O’Douls — as part of “a lesson on colonial times,” with the intention to “represent ale common in the 1700s and consumed because of the scarcity of clean water.” Sounds harmless enough. No students were forced to try it, but they had the opportunity to sample it if they wished to. What could go wrong?

What the teacher didn’t know is that apparently it’s actually illegal to give a minor in Michigan a non-alcoholic beer. The law was passed back in the 1950s, when people were even nuttier about alcohol than they are today, if that’s possible, but Michigan did pass a law making it illegal for minors to drink non-alcoholic beer. Here’s the entirety of the law:

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.28 Cereal beverage with alcoholic content; furnishing to minors, penalty.

Sec. 28.

Any person who shall sell, give or furnish to a minor, except upon authority of and pursuant to a prescription of a duly licensed physician, any cereal beverage of any alcoholic content under the name of “near beer”, or “brew”, or “bru”, or any other name which is capable of conveying the impression to the purchaser that the beverage has an alcoholic content, shall be guilty of a misdemeanor.

History: Add. 1957, Act 283, Eff. Sept. 27, 1957

How Kafkaesque. The state defines what non-alcoholic means then still makes it illegal even if it’s within their own definition, and if it’s 0.5% or below, Michigan state’s Liquor Control Commission doesn’t even regulate it. So alcohol in cough syrup. No problem. Non-alcoholic wine? Go for it. A cereal beverage? Heavens no. That’s going too far.

And perhaps more curious, the law can be read to suggest that what’s at issue is giving the “impression” that the drink has alcohol in it, not that it really does. Because it seems like you could create a non-alcoholic beer within the legal definition but call it something random, like “Barley Pop” or “Brown Cow” and not be in violation of this law if you gave some to your children. The name seems more important than the alcoholic content. Why would that be the case?

When I was a kid, the only reason near beer existed was for kids. No sane adult would drink it. My first taste of beer was from a can of near beer that my parents bought for me when I expressed interest in trying beer, which was the case for some of my friends, too. It was horrible. I think that may have been the point, I don’t know.

The Flint Journal reports that the school sent letters home to parents after they discovered the “incident” but according to school district Superintendent Ed Koledo. “Nobody complained to the teacher, principal or me,” or to the police, and no disciplinary measures were taken against the teacher. Despite nobody being upset in the least, you’d think a nuclear blast had gone off, the way they talk about it.

“We talked to the teacher and said this was an inappropriate choice,” Koledo said. “There were a lot better choices to represent a colonial-era drink than what was chosen here.”

Really, what would have been a better choice to represent what the vast majority of people drank during the colonial era? And he says “a lot of better choices.” A lot? Really? I can’t wait to see the list.

“I know there was no intent to expose anyone to harm, just poor thought in this situation.”

Seriously, “poor thought?” It’s non-alcoholic beer for chrissakes, and a few kids had a sip of it in a controlled environment, not a back alley clutching a paper bag. And it was a sip. What is a sip? A teaspoon? Half an ounce? Oh, the horror.

Linden schools are drug and alcohol-free zones and Koledo said he did not know if O’Doul’s beer would constitute a violation.

Again, are we really going to split hairs because it has 0.5% alcohol (or less) in it? So is cough medicine allowed on campus? I’m pretty sure caffeine can be considered a drug, so I hope they’re going to remove the coffee maker from the teacher’s lounge. Up until the 1970s, schools in Belgium served students table beer every day.

So how exactly did this end up being a news story?

berliner-kindl

Comments

  1. says

    Non-alcohol beer is illegal for minors in PA too. Here the reasoning is that it prevents the “I was drinking O’Doul’s” defense when a young adult is caught with beer. It saves the state the expense of chemically testing the liquid to determine if it is beer or near beer.

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