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Nebraska lawmakers pass changes to liquor law amid worries about dormant commerce clause
Summary
The Legislature passed LB 113, changing allowances for microdistilleries and craft breweries to self-distribute; opponents cited a likely constitutional challenge under the dormant Commerce Clause and warned the changes could hamper legal defenses.
Lawmakers in the Nebraska Legislature passed LB 113 on final reading Wednesday, approving changes to the Nebraska Liquor Control Act that expand allowances for in‑state microdistilleries and craft breweries to sell and self‑distribute product directly to retail and entertainment district outlets.
Supporters said the bill removes barriers for small, in‑state producers to grow; opponents and counsel warned the expansion risks violating the dormant Commerce Clause and could invite litigation that would undercut the law’s defenses.
The bill’s key provisions increase the number of licensed premises and gallonage limits for microdistillers and craft brewers and add severability language. Sponsors said compromises were made between the introduced and final…
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