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Legal victory is the capper

Owner of Mt. Shasta Brewing Co., ordered by regulators to stop topping bottles with the slogan 'Try Legal Weed,' wins on appeal.

September 02, 2008|Eric Bailey, Times Staff Writer

SACRAMENTO -- — The brewer who dared market "Legal Weed" has won.

Vaune Dillmann took on federal regulators this year when they ordered his Mt. Shasta Brewing Co. in the Northern California town of Weed to stop topping beer bottles with caps bearing the play on words, "Try Legal Weed."


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Regulators cited federal law prohibiting drug references on alcoholic beverages.

A plain-talking 61-year-old former cop, Dillmann refused to back down, and his high-spirited appeal drew widespread media attention as well as support from beer lovers and civil libertarians far and wide.

Now, facing a storm of bad publicity and the prospect of a drawn-out court battle, authorities at the federal Alcohol and Tobacco Tax and Trade Bureau have quietly reversed course. The agency finalized approval of Dillmann's controversial cap Thursday.

At first, Dillmann thought the fight might put his brewery out of business.

"They acted like Big Brother. They said I was guilty of a thought crime," Dillmann said of his six-month battle with the authorities. "But it's over. Weed fought the law, and Weed won!"

In a recent letter to Dillmann, the agency's assistant director conceded that the phrase refers to the brand name of the microbrew and said it does not mislead customers by alluding to a slang word for cannabis.

Art Resnick, an agency spokesman, said the switch in stance demonstrates the due process in the agency's appeal process, adding that "the system worked as it should."

Federal regulators, he said, "pride ourselves in working with industry members. We are not in the business of putting anyone out of business."

In fact, sales of Dillmann's brews have doubled in the six months since the controversy began. Dillmann said his small brewery -- located in the morning shadow of Mt. Shasta, just across Interstate 5 from downtown Weed -- now has to play catch-up just to fill all the orders.

But what's been good for business hasn't necessarily been good for the soul. Dillmann said his fight with the feds took a toll on his family -- in particular his wife, Barbara, who retired just over a year ago as Siskiyou County's superintendent of schools.

The fight with the regulators was "embarrassing and exhausting," he said. "It's been a whirlwind of ups and downs, frustration over whether we might be closed down or sanctioned."

Still, Dillmann conceded he took pleasure in the support his cause received.

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