Powdered Alcohol Now Illegal in Illinois

 Posted on January 20, 2016 in Illinois Laws

The newest rendition of alcohol is a freeze dried form of powdered or crystallized alcohol. The powdered alcohol is considerably lighter than traditional liquid alcohol and can easily be transported. The powdered alcohol is mixed with water or other liquids to form an alcoholic beverage.

Powdered alcohol was approved for use in the United States by the Alcohol and Tobacco Tax and Trade Bureau in 2015. However powdered alcohol is not readily available in the United States. Obtaining the approval of the Alcohol and Tobacco Tax and Trade Bureau was the last regulatory step required before powdered alcohol can be manufactured and sold in the United States. The earliest that powdered alcohol will be available for purchase in the United States is by the upcoming summer. But there are a number of states that have proactively banned powdered alcohol sales and use before the substance is even available on the market.

Illinois Bans Powdered Alcohol

Senate Bill 0067 added 235 ILCS 5/34.5 to the Liquor Control Act of 1934. Effective as of January 1, 2016, the new law prohibits the buying and selling of powdered alcohol products in Illinois. The new law makes a first offense classified as a Class A misdemeanor, while a second or subsequent offense is classified as a Class 4 felony. The new law focuses on the buying and selling, or reselling of powdered alcohol – the law does not address purchasing powdered alcohol legally out of state and then transporting it into Illinois for personal consumption.

While it may not be possible to purchase powdered alcohol in Illinois, a number of nearby states do not have laws banning the sale or use of powdered alcohol. For instance, Wisconsin, Iowa and Missouri lack any sort of ban on powdered alcohol, and it would not be difficult for those Illinois residents who want to try the product to travel across state lines, purchase the powdered alcohol legally, and then bring it back to Illinois for personal consumption.

Concerns about Under-Aged Consumption of Powdered Alcohol

Concern surrounding under-aged drinking abounds in Illinois, and there is no doubt that there is concern about the impact that a powdered form of alcohol will have on under-aged drinking once it becomes available for purchase. There is a high likelihood that the new form of alcohol will become a drinking fad among young people, and as previously mentioned, there is little to stop young people from purchasing the powdered alcohol (legally or illegally) in other states for use in Illinois.

Additionally, there are concerns about how potent the new substance will be. Like liquid alcohol, a powdered version can get a person drunk, but questions arise as to how quickly a powdered version could impact a person’s judgement. To be sure, it takes longer for the body to process the powdered form than liquid alcohol.

Imagine a scenario where a powder alcohol drink is mixed up and drank immediately, before the powder has time to fully dissolve into the mixer. A person could theoretically get behind the wheel while not feeling drunk, only to become gradually more affected by the alcohol as the powder fully dissolves. A DUI could easily result from this scenario.

Call the Law Offices of Christopher M. Cosley

It may be a while before powdered alcohol is available to the public, but once it is there is no doubt that some individuals who consume it will end up having a brush with the law. If you are facing alcohol-related criminal charges, please contact an experienced Rolling Meadows aggravated DUI lawyer immediately. Our skilled attorneys are prepared to assist you today

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-34.5