Theo Nash
While it is not illegal to own a still in Colorado, it is illegal to distill alcohol for personal consumption without a license. Colorado state law prohibits the distillation of spirituous liquors, which include beverages like brandy, rum, whiskey, gin, and powdered alcohol, without a commercial distiller's permit or a fuel alcohol permit. However, it is legal to brew beer or wine for personal or family use, and the state has seen a proliferation of craft distillers and brewers due to friendly state laws.
| Characteristics | Values |
|---|---|
| Legality of owning a still | Legal |
| Legality of operating a still | Legal for non-alcohol production |
| Legality of distilling alcohol for personal consumption | Illegal |
| Legality of distilling alcohol for resale | Illegal without a license |
| Legality of selling non-taxed alcohol | Illegal |
| Legality of distilling essential oils | Legal |
| Legality of distilling water | Legal |
| Legality of distilling fuel alcohol | Illegal |
| Legality of producing ethanol fuel | Legal with a federal license |
| Legality of producing wine or beer for personal or family use | Legal |
| Legality of distilling fortified wine | Legal if alcohol content is under 21% |
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What You'll Learn
Owning a still is legal in Colorado
Colorado does not prohibit the possession of a still. Owning a still and operating one is legal in Colorado as long as it is not used to produce ethanol or distilled spirits. The selling of non-taxed moonshine is illegal. Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.
Colorado state law allows the head of a family to brew beer or make wine, but not to distill spirits. Individuals of legal drinking age may produce wine or beer at home for personal or family use, but federal law prohibits individuals from producing distilled spirits at home.
Colorado does not offer a state license to produce ethanol fuel for personal use, but a federal license can be obtained. Colorado now offers a Distillery Pub License, but there are several additional forms that must be completed, and other licenses for distilleries.
Colorado obtains the right to seize and sell all property associated with an alcohol manufacturer if they do not pay the excise tax. If one is caught making moonshine in Colorado, they are subject to a $250 fine.
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Distilling alcohol for personal consumption is illegal
It is illegal to distill alcohol for personal consumption in Colorado. While the state does not prohibit the ownership or operation of a still, and individuals may produce wine, malt liquor, or beer at home for personal or family use, it is illegal to use a still to make spirits without a license. Colorado Revised Statute (CRS) 12-47-901 states that it is unlawful for any person to "manufacture, sell, or possess for sale any alcohol beverage" without the appropriate licenses. The sale of non-taxed moonshine is also illegal in Colorado.
Federal law also prohibits individuals from producing distilled spirits at home. The federal government has the right to seize and sell all property associated with the manufacture of alcohol if excise taxes are not paid. This includes not only the alcohol and the still but also all related equipment and even the real estate used in the manufacturing operation.
While it may seem inconsistent that marijuana and its derivatives can be processed at home while spirits cannot, the main reason for the prohibition on home distillation is the government's desire for tax revenue. "The government wants its tax money," said Josh Bayne of Aurora, founder of the Craft Distilling Academy. "The main thing is the government wants its cut."
There are, however, some exceptions to the general prohibition on distilling spirits without a license in Colorado. For example, it is legal to distill fortified wine, which is a wine, malt liquor, or hard cider to which a distilled spirit is added, as long as the alcohol content remains under 21% alcohol by volume. Additionally, individuals of legal drinking age may produce wine or beer for personal or family use without a license, and Colorado now offers a Distillery Pub License for those interested in legally manufacturing spirits.
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Federal law prohibits producing distilled spirits at home
Colorado's laws regarding distillation primarily focus on taxation and safety concerns. The state has the right to seize and sell property associated with alcohol manufacturing if excise taxes are not paid. Additionally, the government has cited the potential dangers of the distilling process, which can produce harmful substances like methanol, as a reason for restricting home distillation. However, home distillers argue that this is an overstatement and believe the restrictions are more closely related to protecting the tax base and preventing competition from small-scale alcohol producers.
While it is illegal to produce distilled spirits without the proper licenses, Colorado offers a Distillery Pub License and several federal licenses are also available for those interested in legally manufacturing spirits. These licenses come with additional requirements, such as completing specific forms and obtaining the necessary permits. For example, to obtain a license to manufacture spirits, a TTB 5110.41 Basic Permit is required, which only allows the production of spirits.
It is worth noting that Colorado's laws regarding alcohol distillation contrast with its more relaxed approach to other substances, such as marijuana. The state allows the processing of marijuana into concentrated forms, yet maintains stricter regulations around alcohol distillation, primarily due to the taxation and safety concerns mentioned earlier.
In summary, while Colorado does not prohibit the ownership of distillation equipment, federal law and state regulations prohibit the production of distilled spirits without the appropriate licenses. These restrictions are largely motivated by taxation and safety considerations, and individuals seeking to legally manufacture distilled spirits must adhere to the licensing requirements outlined by both federal and state authorities.
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Colorado does not prohibit the sale of distillation equipment
Federal law prohibits individuals from producing distilled spirits at home, and the federal government has been known to prosecute those who do so without the necessary permits or taxes. While Colorado does not have a state license for producing spirits, several federal licenses are required, including the TTB 5110.41 Basic Permit. This license only allows the production of spirits and does not permit their sale.
In addition to federal requirements, Colorado has its own set of regulations for distilling spirits. The Colorado Liquor Code outlines the penalties for possessing or selling illegally produced spirits without a permit, which can result in the seizure of not only the alcohol and related equipment but also the real estate used in the manufacturing operation.
Colorado makes a distinction between malt liquor, hard cider, and "spirituous liquors." While homebrewers can legally produce malt liquor and hard cider for personal consumption, distilling spirituous liquors, such as brandy, rum, whiskey, gin, and powdered alcohol, for personal consumption is prohibited. This distinction is important to note, as it determines the legality of the type of alcohol being produced.
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Licenses are required to legally manufacture spirits
In Colorado, it is not illegal to own a still, but it is illegal to use it to distil spirits for consumption or resale without a license. Colorado does not offer a state license to produce ethanol fuel for personal use, but a federal license can be obtained. Colorado now offers a Distillery Pub License, but several other forms must be completed, and additional licenses are required.
To legally manufacture spirits, you must submit a request for a license to manufacture spirits: TTB 5110.41 Basic Permit. This license only allows you to produce spirits. There are several federal licenses that must be obtained before acquiring any state licenses.
Colorado law draws a distinction between malt liquor and hard cider and "spirituous liquors". It is legal to produce malt liquor and hard cider for personal consumption, and these beverages can contain more than 4% and 0.5%-7% alcohol by volume, respectively. However, spirituous liquors, including brandy, rum, whiskey, gin, and powdered alcohol, are obtained through distillation and are prohibited from being produced for personal consumption without a license.
There is an exception to the general prohibition on distilling spirituous liquors without a license. Fortified wine is a wine, malt liquor, or hard cider to which a distilled spirit is added. While federal regulations allow home distilling of fortified wine with an alcohol volume of up to 24%, Colorado law states that fortified wine must not contain more than 21% alcohol by volume. Therefore, distillation of spirituous liquors for fortification is not unlawful in Colorado as long as the resulting fortified wine is under 21% alcohol by volume.
It is important to note that the federal government has strict prohibitions against producing distilled spirits at home, and the state of Colorado can seize and sell all property associated with a manufacturer of alcohol if they do not pay the required excise taxes.
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Frequently asked questions
It is illegal to distill alcohol in Colorado without a license. The Colorado Revised Statute (CRS) prohibits the manufacture, sale, or possession for sale of alcohol without a license. Distilling alcohol for personal consumption is not considered a felony or a misdemeanor, but it is still illegal.
The penalties for distilling alcohol without a license in Colorado can include fines, seizure of property, and even arrest. The specific penalties will depend on the amount of alcohol produced, whether it is being sold, and other factors.
Yes, there are some exceptions to the law. For example, it is legal to distill fortified wine, which is a wine, malt liquor, or hard cider to which a small amount of distilled spirit is added, as long as the alcohol content remains under 21% ABV. Additionally, individuals of legal drinking age may produce wine or beer at home for personal or family use without a license.
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