Are 40-oz. Bottles of Malt Liquor Legal in Oregon?

I used to buy 40-oz. bottles of malt liquor in Colorado, but in Oregon I have never been able to find this drink size in any convenience store.

I used to buy 40-oz. bottles of malt liquor in Colorado, but in Oregon I have never been able to find this drink size in any convenience store.  Are 40s legal in Oregon? —40 Finder

I can see, Finder, that you appreciate the sophistication of an ice-cold Olde English 800. Not only is it English—which, hey, James Bond—but the extra "e" on the "Olde" fairly reeks of nobility. Shine on, you latter-day Galahad!

Unfortunately, in some quarters the iconic 40-oz. serving of malt liquor is seen as a menace, the purview of so-called "street drinkers."

You and I know this is nonsense—I once spent three days drinking Olde E. on the corner of West Burnside Street and Broadway, spiritedly challenging passersby to joust, and I didn't see a single "street drinker" the whole time—but there it is.

Plenty of folks recall some news about 40s being banned in certain neighborhoods in Portland a few years ago. Since then, it's been common knowledge that Portland's 40s fell victim to the axe of the nanny state.

Once again, common knowledge is wrong. Yes, there was a major initiative to ban 40s in some Portland neighborhoods several years ago, and yes, today 40s are rare. But the two facts are unrelated.

The planned joint venture between Portland and the OLCC to create a series of "alcohol impact areas" fell through in 2010, when OLCC lawyers determined that the agency lacked the legal authority to enforce them.

So what happened to the 40s? "There's simply been a movement to 24-oz. cans," says Columbia Distributing VP Mike Specht. Easier to produce and ship, the big cans have all but priced out their glass forebears. "Two cans totaling 48 oz. are the same price—and sometimes even cheaper—than a single 40."

Add the fact that the last quarter of a 40 is usually a flat, backwash-y mess, and you can understand how they faded. Some Portland 7-11s do still have 40s of PBR, though, for old times' sake.

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