Colorado issues warning that direct-to-consumer shipments of malt or spirituous alcohol into Colorado are illegal

On April 1, the Colorado Liquor Enforcement Division (“LED”) issued Bulletin 25-01 Direct-to-Consumer Shipments, which states that direct-to-consumer (“DTC”) shipments of malt or spiritous alcohol into Colorado are illegal.

The LED stated:

“It is illegal to ship malt liquors or spirituous liquors directly to a Colorado consumer, regardless of whether the) shipment is from the inside or outside the State of Colorado. See 44-3-901(1)(b), C.R.S.; 44-3-901(1)(g), C.R.S. (making it unlawful for any person, other than persons holding certain listed license types, to sell sealed containers of malt, vinous, or spirituous liquors at retail); 44-3-901(1)(h), C.R.S. (making it unlawful for any person to “sell, or possess for sale any alcohol beverage unless licensed to do so as provided by this article 3 or article 4 or 5 of this title 44 and unless all licenses required are in full force and effect”); see also 44-3-103(52), C.R.S. (broadly defining the words “sell” or “sale” as used in the Colorado Liquor Code).”

The bulletin clarified that DTC shipments of wine are permitted only by a winery located in the United States that holds a valid Colorado Winery Direct Shipper’s Permit.

While none of these statutes are new, Colorado has largely stayed silent on this issue until now. With the increase in DTC shipments of alcohol since COVID, this issuance of Bulletin 25-01 suggests enforcement efforts cracking down on illegal shipments of spirits and malt beverages are on the horizon.

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