A new alcohol product that’s not even on store shelves yet has already been banned in at least six states. Three states have cleared the way for powdered alcohol. Montana’s in the undecided column.
Inventor Mark Phillips, says blocking the sale of his product is a big mistake.
"There's nothing good about a ban and we've learned that. We learned that in prohibition. I don't know why legislators can't remember back that far," says Phillips.
Phillips' invention could be sold under the brand-name "Palcohol".
"If you can imagine a shot of vodka on a counter and you could snap your fingers and it becomes a powder, that's all it is really," Phillips explains.
This as-of yet unreleased product is already on the radar of the agency that manages liquor distribution in Montana.
Liquor Control Division Administrator, Shauna Helfert, says it has the authority to deny the sale of alcoholic products that it believes aren’t marketed responsibly. She points to commercially prepared Jello shots as an example; they can't be sold in state liquor stores.
"We believe that it's our job to make sure that the products that are marketed are responsible products. Somebody going into the fridge may not know the difference between one Jello shot versus one that has an alcoholic beverage in it."
Helfert says the same principle applies to the potential sale of Palcohol in Montana. Five different versions of Palcohol could eventually be sold.
Each re-sealable package contains one ounce of powdered alcohol ready to be mixed with six ounces of liquid. Critics say it’s a delivery system that promotes irresponsible drinking.
If the company wants to sell the product in Montana, Shauna Helfert says the Liquor Control Division will closely scrutinize its packaging. State officials denied a request to sell another single-serving alcoholic product called "Pocket Shots".
"Because it suggested an irresponsible use or someplace where it could be hidden from a parent or an officer. Somebody could choose to use that in an area where they're not supposed to have alcohol," Helfert said.
Edward O'Brien: "So, it sounds like it has a tough row to hoe here in Montana?
Helfert:"I believe so."
Mark Phillips’ company Lipsmark has not yet applied to sell Palcohol in Montana. That’s why state lawmakers haven’t yet weighed-in on it. While it’s impossible to predict how they may vote on such an issue, legislators this session passed a ban on e-cigarette sales to minors.
The Associated Press quoted Bozeman Democratic Representative Denise Hayman as saying “parents and coaches are terrified (of e-cigarettes) because there's very little information about it. It's a first step."
Republican state representative Daniel Zolnikov voted against the e-cig ban. The 28-year-old Zolnikov describes himself as a conservative with libertarian leanings. He'd support the sale of powdered alcohol in Montana.
"I think it's a new product in an old market," Zolnikov says. "When you have something new, it tends to scare the current people in the market because now they have more competition which mean they have less market share. I think it's great. It's a new concept. Why not?"
Critics worry that some drinkers will snort Palcohol or mix it with other alcoholic beverages or even hard drugs for a particularly intense high. Inventor Mark Phillips says critics have no idea what they're talking about.
"They've never seen the product, they've never tried it, they haven't contacted me to find out about it and so almost every assertion that a critic makes is inaccurate. Regarding snorting, people currently snort liquid alcohol. You'll get a high very quickly, but you can't get drunk from snorting powdered alcohol. There's just too much volume of powder. For snorting, liquid alcohol would be your choice."
Emily Hansen says Phillips has a point.
Hansen provides mental health and substance treatment and intervention counseling for University of Montana students. She says snorting a ounce of powdered alcohol would probably be miserable experience.
And those concerns about sneaking Palcohol into concerts and ballgames? Hansen points out it’s already easy to sneak a six-ounce flask of liquor almost anywhere.
"I don't think that a powdered version of alcohol is inherently more dangerous than a liquid version of alcohol. If you're using them as they're directed to be used I don't think you're going to run into any difference in that way," Hansen says.
However, Hansen is concerned that powdered alcohol could make it more difficult to recognize someone who’s struggling with a serious drinking problem.
"Someone's probably going to notice if that student is dumping out 18 cans of beer every two days, right? It's harder to hide. Whereas you may not notice as easily 18 packets of Palcohol."
Officials in Colorado, Wyoming and Arizona have opted to tax and regulate Palcohol when, and if, it ever becomes available.
Alaska, Delaware, Louisiana, South Carolina, Virginia, Vermont and Utah have banned it. Other states are considering measure to follow suit.
