Alcohol Defined in Montana

When is alcohol an alcoholic beverage in Montana?

Alcoholic beverage defined in Montana

"Alcoholic beverage means a compound produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume (abv)." 16-1-106 (3), MCA.

Ethyl alcohol (ethanol) is the chemical name of the compound found in alcoholic beverages. It is the only type intended for consumption and the only kind of alcohol found in nature. Different types of alcoholic beverages contain different amounts of alcohol, and how alcohol is made will define how it is categorized.

Not all products containing alcohol are alcoholic beverages

Common products that contain alcohol, but are not defined as alcoholic beverages include:

  • Extracts (like vanilla extract)
  • Tinctures (herbal/homeopathic extracts)
  • Kombucha (not more than 0.5% abv)
  • Some liquid cough medicines
  • Mouthwash
  • Other drinks not more than 0.5% abv, like non-alcoholic (NA) beverages

Three types of defined alcoholic beverages

Beer

Beer is a fermented beverage made from malted barley, water, hops, and yeast. Its alcohol content is not more than 14% abv. See 16-1-106 (5), MCA.

A stronger version of beer, often with a higher alcohol content. See 16-1-106 (21), MCA.

  • A malt beverage containing 0.5% abv and not more than 8.75% abv (considered "beer")
  • Spiked lemonades and iced teas
  • "Margaritas" without tequila
  • Malt "liquor" (i.e., hard seltzers)

Wine

Wine is defined as "an alcoholic beverage made from or containing the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than 0.5% but not more than 24% of alcohol by volume." See 16-1-106 (57), MCA.

Hard Cider
An alcoholic beverage made from the fermentation of juices from apples or pears, containing 0.5% abv and not more than 8.5% abv (includes cider). May include flavoring, and may be sparkling or carbonated.
Table Wine
An alcoholic beverage containing 0.5% abv and not more than 16% abv.
Sacramental Wine
A wine that contains more than 0.5% but not more than 24% abv that is manufactured and sold exclusively for use as sacramental wine or other religious purposes. You must be licensed to sell this product, which is sold only to churches.

Other examples may include sake, wine-based cocktails, and mead.

Liquor

All other alcoholic beverages that do not fit in the beer, malt beverage, or wine categories defined above. See 16-1-106 (29), MCA.

  • Wine above 24% abv
  • Beer above 14% abv
  • Malt beverage above 8.75% abv

Non-alcoholic (NA) beverages

  • NA beverages contain not more than 0.5% abv.
  • The Cannabis & Alcohol Regulation Division (CARD) does not regulate any product with an abv of 0%–0.5%.

State-approved beer and wine products

Looking for state-approved beer and wine products?

  1. Visit the TransAction Portal (TAP) home page.
  2. Scroll to the Alcoholic Beverage Control tile.
  3. Choose "search beer/wine labels."
  4. Select the desired search.

What products must be approved?

  • All out-of-state beer products
  • All wine products
  • All distilled products
Note: Distilled products go through a different process and will not appear in TAP

Legal References

All licensees must comply with all Federal and Montana alcoholic beverage laws and rules. See Sections 16-1-106, MCA and the Administrative Rules of Montana (ARM).

Updated August 2025. Please note the information in department communications may have been modified, superseded, or made obsolete by changes in federal or state law or the Administrative Rules of Montana. To verify the current validity of any Department of Revenue communication, please contact us at DORCARDEducation@mt.gov.