05/02/2026 lewrockwell.com  5min 🇬🇧 #303887

Nanny State States

By  Laurence M. Vance 

February 5, 2026

If there is one thing that shows that Americans live in a nanny state it is the maze of alcohol laws, rules, and regulations that exist in every state. What is legal in one state may get you arrested in another.

Consider the new Samuel Adams beer.

The typical Samuel Adams beer has an alcohol by volume (ABV) of around 5 percent. Samuel Adams released a new beer late last year with a 30 percent ABV. Utopias 2025 is "one of the strongest beers ever brewed," said Boston Beer (the owner of Samuel Adams) in a  press release. The limited-edition beer is bottled in individually numbered ceramic vessels and sells for $240 per 24.5-ounce kettle-shaped ceramic bottle.

Said Jim Koch, founder and brewer of Samuel Adams:

When we first began the Utopias journey over thirty years ago, we set out to explore the limits of what beer could be. Reaching 30% ABV is a remarkable milestone for Utopias- not for the number itself, but for what it represents: the relentless pursuit of craft without compromise. Every vintage, barrel, and bottle reflects decades of experimentation, innovation, and collaboration, delivering a sipping experience that is truly unparalleled, collectible, memorable, and worth the wait.

Utopias have been released every two years since 2001.

Too bad that many Americans are not legally allowed to purchase these Utopias. Because of its high-alcohol content, the beer is illegal in 15 states, including "Live Free or Die" New Hampshire. The full list of states includes: Alabama, Arkansas, Georgia, Idaho, Missouri, Mississippi, Montana, New Hampshire, North Carolina, Oklahoma, Oregon, South Carolina, Utah, Vermont, and West Virginia. Many of these states have a maximum allowed ABV of 15 percent for on beer.

But that's not all.

Consider alcohol purchases in grocery stores.

In four states, no alcoholic beverages of any kind can be sold in a grocery store. In seven states, only beer can be sold in a grocery store. In eighteen states, only beer and wine can be sold in a grocery store.

Consider alcohol sales on Sundays.

In some states and in many counties in other states, alcohol sales are only allowed during certain times on Sundays or prohibited altogether.

Consider liquor stores.

In seven states, the government owns and operates all the liquor stores. Private stores are prohibited. The state government decides the location of the liquor stores, determines which brands and sizes will be offered for sale, sets the prices of the products, establishes the store operating hours, and hires the employees.

Consider the wholesale liquor market.

In ten states, alcohol is controlled by the government on the wholesale level. Retail stores in these states are basically state-contracted liquor stores that can purchase distilled spirits only from the government.

Consider dry counties.

Thirty-four states allow counties to prohibit the sale, consumption, and/or possession of alcohol. Some of these states have "dry" counties where the sale of alcohol is prohibited or "moist" counties where only certain cites in the county are "wet" or alcohol can only be sold by the drink in restaurants.

Consider the drinking age.

In every state, legal adults who can get married, enter into contracts, purchase pornography, adopt children, engage in consensual sex with other adults, vote, purchase tobacco, and join the military cannot purchase alcoholic beverages until they reach the age of 21.

Consider happy hour.

Seven states ban happy hours where discounted drinks and food are offered. Other states impose restrictions on how long happy hour can last, the specific times it can be held, and how much prices can be reduced.

Consider closing time.

Most states, counties, and cities restrict how late bars and restaurants can stay open and serve alcohol.

Consider liquor licenses.

In every state, no private entities can sell alcoholic beverages of any kind without a state license.

Every restriction, prohibition, rule, or regulation regarding the sale, purchase, possession, consumption, serving, wholesaling, retailing, manufacturing, or distributing of beer, wine, or distilled spirits; the operation (days, hours, licensing) of liquor stores or other stores that sell alcohol; or the legal adult drinking age, is incompatible with a free society.

Americans say they live in a free society. Do they ? Americans say they believe in freedom of commerce, property rights, and personal freedom. But do they really?

In a free society, alcohol is treated no different from any other commodity. In a free society, business decide what products they will sell, what days and hours they will be open, and where they will source their products. In a free society, the government does not discourage the drinking of alcohol, issue guidelines for alcohol use, regulate or interfere with the commerce of alcohol, levy special taxes on alcohol, or pay any attention to anyone's drinking habits.

The truth, of course, is that Americans don't live in a free society with freedom of commerce, property rights, and personal freedom. They live in a nanny state. Every American lives in a nanny state state.

Like education, health care, and a host of other things, alcohol must be completely separated from the state. Whether one drinks alcohol or abstains, a free society should be the desire of every American.

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