Mason Delacroix
While federal law prohibits at-home distilling, Ohio is considering legalising the practice. A new bill, Senate Bill 13, could allow Ohioans to produce moonshine for personal use, without a permit. The bill would place a limit on distillation, and while it would not allow recreational distillers to sell their product, shipping would be permitted as long as the liquor remained in Ohio. However, it is currently illegal to distill alcohol in Ohio without a license.
| Characteristics | Values |
|---|---|
| Current status of home distillation | Illegal |
| Proposed status of home distillation | Legal, without a permit, with a limit of 200 gallons per household per year |
| Current federal law on home distillation | Strictly illegal |
| Federal penalties for home distillation | Felony charges, fines up to $100,000, imprisonment for up to 5 years |
| State law on owning a still | Legal without a license for non-alcoholic production |
| State law on owning a still for alcoholic production | Requires a license from the state of Ohio |
| State law on small-scale production of liquor | Allowed with a state permit |
| State law on production of wine, beer, and hard cider | Legal for individuals without a permit |
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What You'll Learn
Ohio's stance on home-distilling
Ohio currently allows ownership of a still without a license, as long as it is for non-alcoholic production. The manufacture of moonshine, however, requires a license from the state. A change in Ohio law in 2011 eased regulations regarding micro-distilleries, leading to a rise in small-batch producers.
While individuals of legal drinking age may produce wine, beer, or hard cider for personal or family use, federal law prohibits the production of distilled spirits at home. Under Ohio law, the illegal manufacture of moonshine is a first-degree misdemeanour, unless toxins are present in the product, which could raise the penalty to a fourth-degree felony.
Ohio is not the first state to pursue the legalization of at-home liquor production. In 2014, Missouri legalized home liquor production, and West Virginia's House has passed a similar bill twice, although it has stalled in the state Senate. Lawmakers in New Hampshire also proposed a similar bill in 2019, but it did not advance.
In January 2023, Ohio lawmakers proposed Senate Bill 13, which would allow Ohioans to distill liquor without a permit. The bill would place a limit on distillation, with a maximum of 200 gallons per household per year, or 100 gallons if only one household member is over 21. While SB13 would not allow recreational distillers to sell their product, shipping within Ohio would be permitted.
If passed, SB13 would conflict with federal law, which strictly prohibits at-home distilling.
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Federal law vs state law
Federal law in the United States prohibits individuals from producing distilled spirits at home. According to the Alcohol and Tobacco Tax and Trade Bureau, at-home distilling is "strictly" illegal and could result in felony charges. This federal law, which harkens back to the Prohibition era, is in conflict with some state laws that have moved towards legalizing home liquor production.
Ohio is one such state that has been considering legalizing home liquor distillation. In January 2023, a state bill proposal was introduced in Ohio that would allow Ohioans to legally distill liquor without a permit from their homes. This proposed legislation, known as Senate Bill 13, seeks to remove permitting requirements and allow individuals to manufacture liquor for personal use, with a limit of 200 gallons per household per year. However, it is important to note that this state bill, if passed, would technically conflict with federal law, which still prohibits at-home distilling.
Currently, in Ohio, it is legal to own a still without a license as long as it is used for non-alcoholic production. For alcoholic production, a license from the state is required. A change in Ohio law in 2011 eased regulations regarding micro-distilleries, leading to an expansion of small-batch producers across the state. While Ohio has taken steps towards legalizing and regulating home liquor distillation, it is essential to recognize that federal law still prohibits such activities.
The conflict between federal and state laws regarding alcohol distillation can create complexities in enforcement and compliance. While states have the authority to propose and enact legislation within their jurisdiction, federal law supersedes state law in cases of conflict. In the context of alcohol distillation, federal law takes precedence, and individuals who engage in at-home distillation may still be subject to federal penalties, including felony charges and fines.
It is worth noting that there have been efforts to challenge and change federal law regarding at-home distillation. Some states, like Missouri, have legalized home liquor production, and there have been proposals in other states like West Virginia and New Hampshire. However, until federal law is amended or overridden, individuals distilling alcohol in Ohio may still be subject to federal penalties, regardless of state-level legalization.
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The history of bootleg liquor in Ohio
In the United States, the term "bootlegging" refers to the illegal manufacture, transport, distribution, or sale of alcoholic beverages. The term originated in the 1880s when white Midwesterners would conceal flasks of liquor in their boot tops while trading with Native Americans. During the Prohibition period from 1920 to 1933, bootlegging became widespread as people sought to produce and consume alcohol despite the ban.
Ohio has a notable history of bootleg liquor, particularly in the town of New Straitsville, which was known as the "Bootleg Capital of Ohio" during the Depression. The town's population of ex-coal miners was adept at concealing illegal moonshine stills in the area's hollows and abandoned mineshafts. New Straitsville's reputation for bootlegging was so renowned that it inspired a character in a book to say:
> Do you want imported or Straitsville Special? Most of the other small towns in the area brewed their own, too, but New Straitsville’s reputation as the bootlegging capital of Ohio was unsurpassed.
Another famous bootlegging establishment in Ohio was Matthews Café, which served moonshine at the bar until 1933.
Today, Ohio heavily regulates alcohol sales but allows small-scale liquor production with a state permit. The state also offers licenses with fees based on the volume manufactured per year. While the exact laws regarding owning a still in Ohio are unclear, it appears that citizens are allowed to own a still as long as it is used for non-alcoholic purposes or for producing low-alcohol beverages with less than 0.5% ABV.
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The future of distilling in Ohio
Senate Bill 13, introduced by Senator Frank Hoagland, aims to remove permitting requirements for individuals seeking to manufacture liquor for personal use. The bill proposes a limit of 200 gallons of liquor per household per year or 100 gallons if only one household member is over 21. While recreational distillers would not be allowed to sell their product, they would be permitted to ship it within Ohio. This aspect of the bill is intended to encourage the development of small businesses and create local job opportunities.
The proposal has generated mixed reactions among Ohio residents and industry professionals. Some welcome the idea of legalizing home distilling, arguing that it could foster a culture of entrepreneurship and innovation. It could also lead to the creation of more craft distilleries, contributing to the state's economy and tourism industry. Additionally, the bill could reduce the financial burden associated with obtaining permits, making distilling more accessible to a wider range of individuals.
However, there are concerns about the potential impact on public health and safety. Critics argue that unregulated distilling could lead to the production and consumption of unsafe or tainted alcohol, particularly in the case of moonshine, which has a long history in Ohio. There are also questions about how the state would address potential conflicts with federal law, as at-home distilling is strictly prohibited according to federal statutes.
The outcome of Senate Bill 13 remains to be seen, and it is currently under consideration by Ohio lawmakers. If passed, it could pave the way for a new era of distilling in the state, empowering individuals to pursue their passion for liquor production and contribute to a thriving craft distillery scene. However, it is essential to approach this potential legislative change with caution, ensuring that appropriate safeguards are in place to protect public health and well-being while also fostering a supportive environment for small businesses and enthusiasts.
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Penalties for illegal distilling
While Ohio does allow the ownership of a still, it is only permitted for use with products containing less than 0.5% ABV, such as essential oils and distilled water. Federal law prohibits individuals from producing distilled spirits at home, and doing so can result in various penalties.
Under federal law, penalties for illegally distilling alcohol can include a range of consequences, including but not limited to the following:
- Possession of an unregistered still is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- Engaging in business as a distiller without registering and receiving notice is also a felony with the same penalties as above.
- Transporting, possessing, buying, selling, or transferring distilled spirits in containers that do not meet the required standards is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, per offense.
- Distilled spirits that do not comply with closure, marking, and branding requirements shall be forfeited to the United States.
- Carrying on the business of a distiller without providing the required bond or with the intent to defraud the government of tax revenue may result in the forfeiture of personal property and land associated with the distillery.
- Possessing liquor or property intended to violate the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both.
- Willfully attempting to evade tax on distilled spirits is a felony punishable by a fine of up to $100,000, up to 5 years in prison, or both, plus the cost of prosecution.
It is important to note that these penalties are outlined in the federal code and may vary in severity depending on state-specific laws and regulations. Additionally, Ohio law heavily regulates alcohol sales and requires a state permit for small-scale liquor production.
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Frequently asked questions
As of 2023, it is illegal to distill alcohol in Ohio without a license. However, a new state bill proposal (Senate Bill 13) could make home distilling without a permit legal.
Under Ohio law, the illegal manufacture of moonshine is a first-degree misdemeanor. If poisons are detected in the product, the penalty could increase to a fourth-degree felony.
Federal law states that at-home distilling is strictly prohibited and could result in felony charges. Individuals who attempt to evade taxes on distilled spirits may be fined up to $100,000, imprisoned for up to 5 years, or both.
It is legal to own a still in Ohio without a license as long as it is used for non-alcoholic production.
