Mason Delacroix
Missouri is one of the few states in the U.S. where it is legal to distill alcohol at home, with some restrictions. While federal law prohibits individuals from producing distilled spirits at home, Missouri state law allows individuals over 21 years of age to manufacture up to 200 gallons of intoxicating liquor per year for personal or family use without a license. However, selling or transporting homemade distilled spirits is illegal and carries heavy fines.
| Characteristics | Values |
|---|---|
| Legality of owning a still | Legal |
| Legality of distilling alcohol for personal use | Legal, up to 200 gallons per year per household |
| Legality of selling distilled alcohol | Illegal, with heavy fines |
| Legality of transporting distilled alcohol | Technically legal, but may be considered an attempt to sell |
| License requirements for manufacturing intoxicating liquor for personal or family use | No license required for individuals over 21 years of age |
| License requirements for commercial distilling | Requires a distillery license and various federal licenses |
| Federal law on home distillation | Prohibited, but federal law allows citizens to own a still for non-consumable alcohol products with the correct license |
| Missouri's law in case of federal legalization | Distilling would be legal |
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What You'll Learn
- It is legal to distill alcohol in Missouri for personal use
- Federal law prohibits individuals from producing distilled spirits at home
- Missouri law allows individuals over 21 to distill alcohol without a license
- Selling distilled alcohol in Missouri carries heavy fines
- Transporting distilled alcohol in Missouri may be considered an attempt to sell
It is legal to distill alcohol in Missouri for personal use
In the state of Missouri, it is legal to distill alcohol for personal use. According to state law, individuals can produce up to 200 gallons of moonshine per year per household for personal consumption, not sale. This allowance also covers the basic use of a still for distilling water, vinegar, and essential oils. However, it is important to note that federal law prohibits the production of distilled spirits at home, and Missouri's law permitting personal distillation would only come into effect if this federal ban were lifted.
While it is legal to own a still in Missouri, selling distilled spirits without a license carries heavy fines, and transportation could be interpreted as an attempt to sell. The first offense incurs a $10,000 fine, the second a $25,000 fine, and the third a $50,000 fine, with no prison sentence for any of these violations. These penalties are outlined in Missouri's statutes, which also specify that manufacturing and distilling liquor violations are subject to fines and not imprisonment, though it does not indicate whether they are felonies or misdemeanors.
Federal law does allow citizens to own and operate a still for non-alcohol production, such as making perfume, fuel, or non-consumable alcoholic products, with the appropriate licenses. A Supplier's License, for instance, permits the production of fuel-grade alcohol or alcohol-derivative substances. Additionally, the production of beer or wine for personal consumption is permitted in Missouri, although most states require a license for commercial sales.
It is always advisable to consult with a lawyer familiar with the state's laws and their interpretation by the courts before initiating any alcohol distillation activities, as distilled spirits are typically subject to stricter regulations than beer or wine.
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Federal law prohibits individuals from producing distilled spirits at home
Missouri Statute 311.055 states that individuals over 21 years of age are not required to obtain a license to manufacture intoxicating liquor for personal or family use. The aggregate amount of liquor manufactured per household must not exceed 200 gallons per calendar year. While it is legal to own and operate a still for non-alcohol production, producing ethanol fuel requires a federal license.
Missouri has a standard distillery license costing $450 per year, along with several other federal licenses needed to legally manufacture spirits. These include the TTB 5110.41 Basic Permit for spirit production and the TTB 5100.24 Distilled Spirit Plant license for distilling equipment. Manufacturing, distilling, blending, selling, or offering intoxicating liquor for sale without the appropriate license is prohibited.
Despite the federal ban, Missouri, like several other states, has passed its own laws allowing the distillation of alcoholic spirits for personal use. This law would come into effect if the federal ban were lifted. Individuals interested in distilling alcohol at home should consult with a lawyer familiar with the specific state laws and their interpretations to ensure compliance and avoid potential legal liability.
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Missouri law allows individuals over 21 to distill alcohol without a license
> "No person at least twenty-one years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in section 311.020, for personal or family use."
The term "intoxicating liquor" is defined in section 311.020 as:
> " [I]nclude alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume."
The aggregate amount of intoxicating liquor manufactured per household must not exceed 200 gallons per calendar year. It is illegal to sell distilled spirits without a license, and transportation could be considered an attempt to sell. The fine for a first offense is $10,000, for a second offense $25,000, and for a third offense $50,000.
Federal law prohibits individuals from producing distilled spirits at home, but Missouri's law permitting home distillation of alcohol for personal use would take effect if the federal ban were lifted. Federal law does allow citizens to own a still to make non-consumable alcoholic products, such as perfume and fuel, with the correct license.
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Selling distilled alcohol in Missouri carries heavy fines
Missouri is one of the few states in the US where it is legal to distill alcohol at home. According to Missouri law, individuals over the age of 21 can manufacture up to 200 gallons of intoxicating liquor per year for personal or family use without a license. However, selling distilled alcohol is a different matter and carries heavy fines.
Missouri statute section 311.180.1 clearly states that no individual or entity shall "sell or offer for sale intoxicating liquor within this state at wholesale or retail, or solicit orders for the sale of intoxicating liquor within this state without procuring a license from the supervisor of alcohol and tobacco control". The specific license required to sell alcohol is a standard distillery license, which costs $450 per year, along with a tax bond.
The fines for selling distilled alcohol without a license are steep. The first offense carries a $10,000 fine, the second a $25,000 fine, and the third a $50,000 fine. Notably, these fines are for selling moonshine, and there is no mention of prison sentences for first-time, second-time, or third-time offenders.
It is important to note that while individuals in Missouri have the right to own a still and produce alcohol for personal use, federal law prohibits the production of distilled spirits at home. Federal law does, however, allow citizens to own a still for non-alcohol production, such as the distillation of water, vinegar, or essential oils.
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Transporting distilled alcohol in Missouri may be considered an attempt to sell
Missouri is one of the few states in the US where it is legal to distill alcohol at home, as long as it is for personal or family use and not for sale. While federal law prohibits individuals from producing distilled spirits at home, Missouri law allows individuals over the age of 21 to manufacture up to 200 gallons of intoxicating liquor per year per household without a license. This law also applies to the basic usage of a still for distilling water, vinegar, and essential oils.
However, selling distilled alcohol or attempting to do so carries heavy fines in Missouri. Transporting distilled alcohol could be considered an attempt to sell, as it is illegal to sell moonshine. Therefore, individuals are advised not to transport bottles of their distilled alcohol, as the fines for the first, second, and third offenses are $10,000, $25,000, and $50,000, respectively.
It is important to note that while Missouri law allows home distillation for personal use, there are still some restrictions and regulations in place. For instance, individuals must comply with the state's definition of "intoxicating liquor," which includes beverages containing more than one-half of one percent alcohol by volume. Additionally, while a license is not required for personal distillation, there are several licenses that individuals must obtain to legally manufacture and sell spirits in Missouri. These include a standard distillery license, which costs $450 per year, and various federal licenses, such as the TTB 5110.41 Basic Permit and the TTB 5100.24 Distilled Spirit Plant license.
Furthermore, Missouri residents should be aware that distilled spirits are typically regulated more strictly than beer and wine, and the laws governing their production and sale can be complex. It is always advisable to consult with a lawyer familiar with Missouri's specific laws and regulations before engaging in any distillation or transportation of alcohol to ensure compliance and avoid potential legal issues.
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Frequently asked questions
Yes, it is legal to distill alcohol in Missouri for personal or family use.
No person over 21 years of age shall be required to obtain a license to manufacture intoxicating liquor for personal or family use. However, if you wish to sell your liquor, you must obtain a license from the Missouri Alcohol and Tobacco Control.
The aggregate amount of intoxicating liquor manufactured per household shall not exceed 200 gallons per calendar year.
While it is not explicitly stated, transporting distilled alcohol could be considered an attempt to sell, which carries a fine of $10,000 for the first offense, $25,000 for the second, and $50,000 for the third.
