The Art Of Distilling: Legal Or Not?

While it is not illegal to teach someone how to distill alcohol, producing distilled spirits at home is prohibited by federal law in the United States. Federal law also prohibits the production of distilled spirits at any place other than a TTB-qualified distilled spirits plant. State laws vary, with some states allowing legal moonshining, while others ban distilling spirits at home regardless of federal legality. The laws surrounding home distilling are often complex and confusing, and it is recommended to consult a lawyer or legal professional for specific advice.

Federal law prohibits home distillation of spirits

Federal law prohibits individuals from producing distilled spirits at home. This means that regardless of what a state's law may permit, an individual may not legally manufacture their own "hard alcohol" at home. Federal law allows private citizens to own a still to make non-consumable alcoholic products, such as perfume and fuel, as long as they have the correct license.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is very clear on this matter. According to 26 U.S.C. 5042(a)(2) and 5053(e), it is illegal for individuals to produce distilled spirits at home. The only legal way to distill spirits at home is if you are recognised by the TTB as a qualified distilled spirits plant. This is highly impractical for a hobbyist, as it involves meeting numerous requirements, such as paying excise tax, filing an extensive application, and providing separate buildings and equipment.

The federal government's ban on home production of distilled spirits can be justified in several ways. Firstly, the government relies on the tax revenue generated by commercial sales of alcohol and wishes to protect this income stream. Secondly, regulation is a matter of safety. Home distilling can be incredibly dangerous, with potential risks including methanol poisoning, alcohol poisoning, and explosion if the alcohol is not carefully distilled.

Despite the federal ban, many states have passed their own laws regarding distilling alcoholic spirits for personal use, which would come into effect if the federal ban were lifted. These include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island. However, some states, such as California and Florida, have stricter laws that make it illegal to own a still without a license.

It is important to note that the information provided here is not legal advice and that the laws regarding home distillation can be complex and subject to change. If you are considering engaging in any form of alcohol production, it is essential to thoroughly research the specific laws and regulations in your state and consult with a licensed legal professional.

State laws vary, some allowing home distillation

Federal law prohibits individuals from producing distilled spirits at home. However, federal law does allow citizens to own a still and use it for non-consumable alcoholic products, such as perfume and fuel, as well as for distilling water or essential oils.

Despite the federal ban, some states have passed their own laws regarding the distillation of spirits for personal use, which would come into effect if the federal ban were lifted. These include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, Rhode Island, and West Virginia. Iowa has no laws about distilling homemade alcohol, so it is not explicitly illegal.

State laws vary, and some are more distiller-friendly than others. For example, Florida law states that a license is required for anyone engaging in the business of manufacturing, bottling, distributing, selling, or dealing with alcoholic beverages. In California, an appropriate business license is required for the use of a still.

It is important to note that the distillation of spirits is a complex and potentially dangerous process, with risks including methanol poisoning, alcohol poisoning, and explosion. The federal government's ban on home production is justified on the grounds of safety and tax revenue.

While it is not illegal to own a still, using one for the distillation of spirits without a license is a federal offense, and individuals risk facing serious charges and consequences.

Unregistered stills are illegal, with serious consequences

Federal law in the United States prohibits individuals from producing distilled spirits at home. This means that distilling spirits without a license is illegal at the federal level, regardless of state laws.

While it is legal to own a still or distilling equipment, and to produce beer or wine for personal use, the same rule does not apply to spirits. The production of distilled spirits is only legal in a TTB-qualified distilled spirits plant.

The use or possession of an unregistered still is therefore illegal and can result in serious consequences. These consequences include a range of federal felonies, with penalties including fines of up to $100,000, imprisonment of up to 5 years, or both. Additionally, any property, raw materials, or equipment used in the production of untaxed spirits can be seized and forfeited to the United States government.

The specific requirements for distilling permits vary by state, and some states have more lenient laws than others. For example, Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island allow "legal" moonshining, despite federal restrictions. In contrast, states like California and Florida require a license even to own a still, regardless of its intended use.

It is important to note that the laws surrounding distilling alcohol at home can be complex and confusing, and it is always advisable to consult with a lawyer or legal professional for specific guidance.

Home distillation is dangerous, with health and safety risks

Home distillation can be dangerous, with several health and safety risks. In the United States, despite improved distillation equipment, home distillation processes still carry a risk of contamination. Home-distilled alcohol has historically resulted in many instances of adverse health outcomes, including death.

One of the biggest dangers of home distillation is the risk of contamination by hazardous substances such as lead, copper, methanol, and glyphosate, which can pose serious health risks. Studies have found that a significant percentage of home-distilled alcohol samples exceeded safety limits for these contaminants, with 11% surpassing copper safety limits and 36% exceeding lead thresholds. These contaminants can lead to adverse health outcomes, including death.

Another safety concern is the risk of fire or explosion due to the flammable nature of the distillation process. Home distillers must take precautions to prevent pressure buildup, ensure proper ventilation, and have fire safety equipment readily available.

Furthermore, there is a risk of ethanol toxicity, which can be fatal. While methanol poisoning is often associated with distillation, it is not a significant concern in home distillation unless criminal activity is involved. However, the distillation process can concentrate methanol, and consuming large amounts of home-distilled spirits can lead to methanol ingestion above the recommended daily limit.

In addition to health risks, there are legal considerations as well. Federal law in the United States prohibits individuals from producing distilled spirits without a license, and several states have additional restrictions. Violating these laws can result in severe penalties, including fines, imprisonment, and seizure of property. Therefore, it is crucial to understand the legal implications before engaging in home distillation.

Federal law allows stills for non-alcoholic products

Federal law prohibits individuals from producing distilled spirits at home. However, it is legal for anyone to own a still or distilling equipment if used for "legal purposes". Federal law considers the distillation of non-alcoholic products, such as water, essential oils, perfume, and fuel, as a "legal purpose". Therefore, if you are using your still for these purposes, you do not need to apply for any federal permits or register the still.

It is important to note that each state has its own home distilling laws, and these may differ from federal regulations. For example, in Florida, it is illegal to own a still without a license, even if it is used for non-alcoholic purposes. In contrast, states like Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island allow "legal" moonshining, despite federal prohibition. Additionally, some states have passed laws permitting the distillation of alcoholic spirits for personal use, which would come into effect if the federal ban were lifted.

The laws regarding distillation vary due to multiple justifications for the federal government's ban on home production of distilled spirits. One reason is the generation of tax revenue from commercial sales, which the government wishes to protect. Another reason is safety, as the distillation process can be dangerous, with risks of methanol poisoning, alcohol poisoning, and explosion if the alcohol is not carefully distilled.

To legally distill spirits at home, one must be recognized by the Alcohol and Tobacco Tax and Trade Bureau (TTB) as a qualified distilled spirits plant, meeting requirements such as paying excise tax, filing extensive applications, and providing specific equipment and facilities.

Frequently asked questions