By Christopher Kleman, 651-296-8959
Importation of Liquor for
Personal Use
January 2019
State law regulates the importation of liquor
Whether an individual may import alcoholic beverages into the state for personal use is a question of
state law, which is supported by strong federal policy in this area. In Minnesota, the importation,
distribution, and retail sale of liquor is tightly regulated, which prohibits most direct shipments of
alcoholic beverages for personal use, although some exceptions exist.
States have broad constitutional authority to regulate liquor
Federal law grants states significant authority to regulate the importation of liquor. The 21st
amendment both repealed prohibition and prohibited any person from shipping alcohol into a state in
violation of that state’s laws. Other federal laws such as the Wilson Act, Webb-Kenyon Act, and the
Twenty-First Amendment Enforcement Act reinforce state authority in this area.
State authority to regulate importation of liquor under federal law is not, however, absolute; the U.S.
Supreme Court has held that a state may not use this regulatory authority in a manner that
discriminates against out-of-state liquor producers.
Importation and Minnesota’s three-tier system
Minnesota has a modified three-tier system of liquor regulation that requires separate licenses for the
importation, manufacturing, wholesaling, and retailing of liquor, and, with some exceptions, prohibits
manufacturers and wholesalers from having a business interest in a liquor retailer.
Importers are required to obtain a license to ship liquor into the state under this system, even if the
importation is for personal use. Once imported, alcoholic beverages shipped into the state must be
delivered to a licensed wholesaler. Wholesalers may then only sell alcoholic beverages to licensed
retailers.
A person who wants to import liquor into the state must do so within the existing three-tier system. This
system of liquor regulation effectively prohibits the direct importation of liquor into the state for
personal use, but there are exceptions.
There are personal exceptions to Minnesota’s importation regulations
Under Minnesota Statutes, section 340A.417, a winery may directly ship up to two cases of wine per
winery, per year to a resident of the state for personal use.
In addition, persons entering the state from another state or foreign country may bring certain amounts
of alcoholic beverages with them. For people entering Minnesota from another state, this limit is one
liter of intoxicating liquor (spirits and wine) or 288 ounces of beer, in addition to up to 12
commemorative bottles, which are specifically defined in statute. For foreign travelers, the limit is up to
four liters of intoxicating liquor or 320 ounces of beer. Generally, foreign travelers also have to pay
federal excise taxes and duties on amounts over one liter.