Is absinthe legal in the US now?

Answered by James Smith

As an expert sommelier and brewer, I can provide you with a detailed answer regarding the current legal status of absinthe in the United States. The legality of absinthe has been a subject of much debate and confusion over the years. To fully understand the current situation, it's important to delve into the history and regulations surrounding this intriguing spirit.

Historically, absinthe gained widespread popularity in the late 19th and early 20th centuries, particularly in Europe, and was associated with the bohemian . However, due to concerns about its alleged psychoactive properties and potential health risks, absinthe was banned in many countries, including the United States, during the early 20th century.

In the United States, the ban on absinthe was primarily due to its high thujone content, which is a chemical compound found in wormwood, one of the key botanicals used in absinthe production. Thujone was believed to have psychoactive effects and was thought to contribute to absinthe's alleged hallucinogenic properties.

However, in recent years, there has been a revival of interest in absinthe, and many countries, including the United States, have reconsidered their stance on its legality. In 2007, the U.S. and Tobacco Tax and Trade Bureau (TTB) lifted the ban on absinthe, allowing its importation and sale, with certain restrictions.

Under current regulations, absinthe is legal to purchase and possess in the United States as long as it meets the TTB's requirements. These regulations specify that absinthe must be “thujone-free” or contain less than 10 parts per million (ppm) of thujone. This is significantly lower than the thujone levels found in traditional absinthes of the past.

To comply with these regulations, distillers and producers of absinthe in the United States and other countries have adapted their recipes and production methods. They use wormwood with lower thujone levels and employ distillation techniques that minimize the extraction of thujone. As a result, the absinthe available in the U.S. market today typically contains negligible amounts of thujone.

It is worth noting that while absinthe is legal to purchase and possess, there are still restrictions on its sale and serving in bars and restaurants. The U.S. Food and Drug Administration (FDA) prohibits the sale of any alcoholic that contains more than 10 ppm of thujone. This means that establishments serving absinthe must ensure that the brands they offer are compliant with these regulations.

Fortunately, there are numerous absinthe blends available in the market that meet these requirements and are legal to be served in U.S. bars and restaurants. These absinthes have gained popularity among mixologists and enthusiasts, who appreciate the complex flavors and the mystique surrounding this storied spirit.

Absinthe is legal to purchase and possess in the United States, provided it meets the TTB's regulations for thujone content. While the ban on absinthe has been lifted, the addition and percentage of thujone make it unlawful to serve absinthe in its traditional form. However, there are plenty of absinthe blends available that have been crafted to meet the legal requirements and can be enjoyed responsibly.