HB 91 Summary

• Reverses statewide prohibition policy effective January 1, 2026: Changes Mississippi's default policy from prohibition to legalization of alcoholic beverage manufacture, sale, and distribution statewide, except in counties that vote to institute prohibition after holding an election.

• Establishes new county/municipal election procedures: Allows counties to hold elections to institute prohibition (requiring 20% petition signatures, 4-year waiting period between elections), and allows municipalities in prohibition counties to vote to permit alcoholic beverage sales.

• Protects existing legal sales: Municipalities and counties that had legal alcoholic beverage sales before January 1, 2026, may continue those sales unless they subsequently vote to institute prohibition; native wine and spirit producers can continue operating.

• Revises delivery service permit responsibilities: Package retailers are no longer held responsible for violations by delivery service permittees or drivers once alcoholic beverages are transferred to the delivery service; delivery service permittees bear full responsibility for compliance with age verification, dry area restrictions, and other regulations.

• Grandfather status for qualified resort areas: Qualified resort areas designated before the law takes effect retain their status and are not affected by subsequent county or municipal prohibition elections.