Distilling Alcohol At Home: Legal Or Not?

Distilling alcohol at home is a complex process that is strictly prohibited by federal law in the United States. Despite this, some people attempt to distill alcohol in their apartments, which can be dangerous and carry serious legal repercussions. The laws regarding home distillation vary across states, with some states allowing it for personal use, while others require permits or licenses, and some prohibit it altogether. The federal government considers distilling alcohol without a license a felony, with penalties including fines, imprisonment, or both. The risks associated with home distillation include methanol poisoning, alcohol poisoning, and the possibility of explosion if the alcohol is not carefully distilled.

Federal law prohibits distilling spirits at home

Federal law prohibits individuals from producing distilled spirits at home. According to 26 U.S.C. 5042(a)(2) and 5053(e), individuals of legal drinking age may produce wine or beer at home for personal or family use, but not distilled spirits. Federal law considers the production of distilled spirits outside of a TTB-qualified distilled spirits plant a felony, with penalties including fines of up to $100,000, imprisonment for up to 5 years, or both.

Despite federal law, some states have their own home distilling laws that allow "legal" moonshining. These states include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island. West Virginia also passed a bill in March 2024 allowing home distilling up to certain limits. However, federal law supersedes state law, and individuals choosing to distill spirits at home in these states would still be violating federal law.

The dangers of home distilling are another reason why federal law prohibits it. Home distilling can be incredibly dangerous, and cutting corners can lead to catastrophic results. The dangers include the risk of methanol poisoning, alcohol poisoning, and explosion if the alcohol is not carefully distilled.

While federal law prohibits distilling spirits at home, it is legal to own a small still and use it for other purposes like distilling water, essential oils, or perfume. However, any production via a solvent method that yields alcohol as a byproduct is subject to TTB requirements.

In conclusion, federal law prohibits distilling spirits at home due to safety concerns and tax regulations. While some states have more lenient laws, individuals choosing to distill spirits at home would still be violating federal law and risking serious penalties.

Some states allow home distillation

Federal law prohibits individuals from producing distilled spirits at home. However, some states have their own home distilling laws that allow legal moonshining. These include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island. For instance, Missouri allows citizens over 21 to distill alcohol at home without any permits or licenses, while Florida requires a state permit for owning distilling equipment. West Virginia also passed a bill in March 2024 to permit home distilling up to specific amounts based on the number of adults in a residence.

While some states may turn a blind eye to small stills for personal use, it is important to note that producing distilled spirits at home without the proper permits can result in federal charges and penalties. The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) is the governing body that oversees these regulations.

Home distilling can be dangerous, with potential risks including methanol poisoning, alcohol poisoning, and the possibility of explosion if the alcohol is not carefully distilled. The complexity of the process means that cutting corners can lead to catastrophic results.

Even in states where home distillation is allowed, it is crucial to prioritize safety and ensure that you have a comprehensive understanding of the process before attempting it. This includes having adequate ventilation, fire extinguishers, and knowledge of the potential odors that can be created.

The dangers of home distilling

In the United States, Federal law prohibits individuals from producing distilled spirits anywhere other than a TTB-qualified distilled spirits plant. However, individuals of legal drinking age may produce wine or beer at home for personal or family use. Each state also has its own legislation regarding at-home distillation, with some states allowing citizens over 21 to distill alcohol at home without permits or licenses, while others prohibit citizens from owning distilling equipment without obtaining the proper state permit.

Regardless of the legal status of home distilling, there are several dangers associated with the process. Here are some of the potential risks:

Explosions and Fires: While some claim that exploding stills are possible, it is not a common occurrence as most small-scale still designs use flour paste seals that act as pressure release valves. However, if the volatile distillate comes into contact with an open flame, an explosion could occur.

Methanol Poisoning: Methanol is a type of alcohol used in fuel, industrial products, and antifreeze. It is produced during the distilling process in small amounts but is typically discarded. However, if consumed, it can be toxic and, in extreme cases, cause blindness or even death.

Electrical Hazards: Alcohol vapors can increase the risk of electrical shock, and electrical sparks can ignite these vapors. Therefore, it is crucial to ensure proper ventilation and to have circuits powering the still protected by an RCD, RCBO, or GFCI.

Alcohol Poisoning: Homemade spirits can have high ABV levels, and without accurate measurements, individuals may misjudge how much they can safely consume. Alcohol poisoning can occur regardless of a person's weight, body size, age, or gender.

Plastic Toxins: Using plastic in the distillation process can introduce dangerous toxins into the final product. It is recommended to use materials inert to ethanol, such as copper, stainless steel, or glass.

Home distilling can be dangerous, and it is important to be aware of the potential risks and take the necessary precautions to ensure safety.

Permits and licensing for home distillation

In the US, Federal law states that it is legal for anyone to own a still or distilling equipment if it is used for “legal purposes”. This means that if you are a collector or are interested in having a whiskey still as a decoration, you do not need to apply for any federal licenses or register your still. The distillation of non-alcoholic products, such as water or essential oils, is also considered a "legal purpose" and does not require a federal permit or registration.

However, if you plan to distill alcohol, you must first obtain the proper permits. There are two types of federal distillation permits: the Federal Distilled Spirits Permit and the Federal Fuel Alcohol Permit. The former is required if you intend to distill spirits for personal consumption or to share with others, and it involves a hefty fee and regulated inspections of your equipment and facility. The latter is required if you intend to produce alcohol-based fuel, and it is inexpensive and easy to obtain. It is important to note that the production of distilled spirits for consumption is prohibited in residences and is only permitted in a commercial federal distilled spirits plant (DSP).

Each state also has its own legislation regarding at-home distillation. For example, Missouri allows citizens over 21 to distill alcohol at home without any permits, while Florida requires a state permit for owning distillation equipment. It is important to review your state's laws and regulations before engaging in any distillation activities.

Potential penalties for illegal distilling

Federal law in the United States prohibits individuals from producing distilled spirits at home. However, individuals of legal drinking age may produce wine or beer at home for personal or family use.

The penalties for illegally distilling alcohol in an apartment or any other place that is not a TTB-qualified distilled spirits plant can expose you to Federal charges for serious offences. These penalties include:

• Under 26 U.S.C. 5615(3), if an individual carries on the business of a distiller without providing the required bond or with the intent to defraud the United States of tax on distilled spirits, their personal property located in the distillery and their interest in the land on which the still is located shall be forfeited to the United States.
• Under 26 U.S.C. 5686, possessing liquor or property intended to be used in violation of the law is a misdemeanour punishable by up to 1 year in prison, a fine of up to $5,000, or both.
• Under 26 U.S.C. 7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution.
• Under 26 U.S.C. 5601(a)(1), 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.
• Under 26 U.S.C. 5601(a)(2), engaging in business as a distiller without filing an application and receiving notice of registration is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both.
• Under 26 U.S.C. 5604(a)(1), transporting, possessing, buying, selling, or transferring distilled spirits unless the container bears the required closure is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offence.
• Under 26 U.S.C. 5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States.
• Under 26 U.S.C. 5615(1), unregistered stills and/or distilling apparatus will be forfeited.

It is important to note that local laws may vary, and some states may have more or less severe prohibitions than the federal government. For example, it is legal to distill alcohol in Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island. Iowa has no laws regarding distilling homemade alcohol, so it is not explicitly illegal. However, homemade alcohol is typically not eligible for commercial use and must be consumed at the residence where it is produced. Therefore, it is advisable to consult with a lawyer familiar with the laws in one's particular state before engaging in any distilling activities.

Frequently asked questions