Feds OKAY powered alcohol, but Virginia lawmakers say no

by | Mar 13, 2015 | POLITICS

RICHMOND – The federal government this week approved a powder that can turn a glass of water into an alcoholic drink, but it’s unlikely that Virginians will be enjoying instant margaritas anytime soon

RICHMOND – The federal government this week approved a powder that can turn a glass of water into an alcoholic drink, but it’s unlikely that Virginians will be enjoying instant margaritas anytime soon: The Virginia General Assembly has passed legislation to outlaw the product in the commonwealth.

House Bill 1908 and Senate Bill 1034, which passed unanimously in both chambers, would ban the importation, sale and use of powdered or crystalline alcohol. The bills were a response to the development of Palcohol, which was cleared for sale Tuesday by the federal Alcohol and Tobacco Tax and Trade Bureau.

The legislation has been sent to Gov. Terry McAuliffe to be signed into law. Virginia officials fear Palcohol will be abused by young people because it can be easily transported, hidden and consumed.

“We moved to keep this potentially dangerous product out of Virginia because we knew that federal approval was pending and it would be difficult to address the problem after the fact,” said state Attorney General Mark Herring.

“I’m glad the General Assembly agreed it was the right move to protect Virginians, especially young people, because the risk of abuse and misuse is just so high with this product.”

Herring helped write the legislation, working with Del. Alfonzo H. Lopez, D-Arlington.
“While I am disappointed that the Alcohol and Tobacco Tax and Trade Bureau would approve this dangerous substance with such a high potential for abuse, I am proud that we were able to take action this session to protect our young people and ban powdered alcohol in the commonwealth of Virginia,” Lopez said Wednesday.

Under HB 1908 and SB 1034, it would be a Class 1 misdemeanor to possess, sell, buy or use powdered or crystalline alcoholic products in Virginia. The punishment can be as much as 12 months in jail and a $2,500 fine.

Virginia isn’t the only state with concerns.

Alaska, Louisiana, South Carolina and Vermont have also banned the distribution of powdered alcohol, according to the National Conference of State Legislatures. The group said 47 bills have been introduced in 28 states this year dealing with powdered alcohol.

Lipsmark LLC, the company that owns Palcohol, hopes to start selling it this summer. On its website, the company hailed the decision by the federal alcohol tax agency to approve the labels for Palcohol. Last year, the U.S. Food and Drug Administration conducted a scientific review of the product and said it had no legal basis to prohibit it.

Lipsmark criticized states like Virginia that have moved to ban powdered alcohol. “Since the product isn’t even on the market yet, there is not one shred of evidence that it will be used or abused any differently than liquid alcohol,” the company said.

Palcohol will be sold in one-ounce packets, each equivalent to one shot of alcohol. It will come in vodka and rum, as well as cocktail varieties – cosmopolitan, margarita and lemon drop.
In a video on the Palcohol website, the product’s creator, Mark Phillips, responded to some of the concerns about powdered alcohol. For example, he said that because of the packaging, Palcohol would not be easier than liquid alcohol to sneak into establishments where alcohol is prohibited.

Phillips also said it would not be it easier to spike drinks with Palcohol because the powder takes more than a minute to dissolve.

Brad Kutner

Brad Kutner

Brad Kutner is the former editor of GayRVA and RVAMag from 2013 - 2017. He’s now the Richmond Bureau Chief for Radio IQ, a state-wide NPR outlet based in Roanoke. You can reach him at BradKutnerNPR@gmail.com




more in politics

How Are VCU Students Voting? We Asked a Few.

Early voting is already underway in Virginia ahead of the Nov. 3 midterm elections, with congressional seats and three proposed amendments to the Virginia Constitution on the ballot. Congressional races depend on where you live, but every voter in the state will see...

Richmond is Dropping Flock, But the Technology Could Remain

On October 10, Avula announced that Richmond would not renew its contract with Flock Safety, following a similar decision by Henrico County, whose contract expires in November. Richmond's agreement runs through June 30, 2027. Mayor Avula raised the possibility of a...

Old Grace Street is Richmond History. Let’s Recognize It.

Editor's note: We were sent this petition after publishing: VCU Demolition Blitz: More Richmond Erased HERE. As reported by The Richmonder last week, “The Cultural Heritage Stewardship Plan, which sailed through City Council with a unanimous vote Sept. 28, is intended...

Studio Two Three Is Beefing With Bots. Among Other Things

Studio Two Three has been around long enough to forget how likely it was to fail. Sixteen years ago, a small group of friends wanted to keep making art in Richmond. They pooled money from working in local restaurants to pay rent, borrowed equipment and built an...

Richmonders Don’t Know How Many ICE Flights Are Happening

Protestors gathered on Saturday morning outside the Richmond International Airport to oppose and call attention to the airport's role in ICE detainee transfers and deportation flights. Immigration enforcement flights out of Richmond have increased sharply...