Making moonshine is a pastime that has many roots in early America, but is it legal in 2022?
Is Home Distilling Illegal?
Making moonshine is considered illegal in many countries around the world, including the United States. However, there are many signs that point to the contrary which have people wondering if they will get in trouble for making their own moonshine.
Is Moonshiners Real?
Some of the confusion around moonshining comes from the fact that there is a popular television series, Moonshiners, that actually depicts the making of moonshine. If moonshine is so illegal, how can they film people making it for television?
Of course, the real answer lies with those who produce and film Moonshiners. However, we have our suspicions on how they get by without any police involvement.
Now the show Moonshiners would probably prefer the explanation that the moonshine is made deep in the woods and the authorities are not able to discern where production takes place. While this sounds good to keep in the spirit of the show, this is likely not the case.
First of all, television production requires lots of equipment and people. Making a television show, even if it is set in the woods, is not inconspicuous.
Secondly, if there was a show depicting illegal actions in your area, it is not likely that the authorities would be alluded for season after season.
Instead, we have a few theories in mind.
Can I Legally Own a Still?
The United States is a very interesting case when it comes to the legality of moonshine. While distilling spirits for the purpose of consumption is illegal, home distilling laws vary from state to state. In theory, if the federal laws were to change, you would be able to run your own liquor in some areas of the country.
In addition, the enforcement of such laws varies from state to state and in some areas, even county to county.
Check out Home Distilling Laws
Owning Your Own Still
One of the loopholes around moonshining is the fact that a distiller is not only used for making spirits. In fact, the same still that you can use to make moonshine can also be used to make essential oils, distilled water and even wine.
However, there are some areas in which even owning a still is considered illegal. This is why it is so important to understand your state home distilling laws.
With the Moonshiners, one potential theory is that when it comes to running their stills, the boys are simply distilling water instead of shine.
This way, they are technically not doing anything illegal on camera, however, it plays out the same way for the viewer.
Can I get a Permit for Home Distilling?
Another popular option is to get a permit to legally distill. This is important as it is illegal to use your still to distill alcohol without first having a ‘federal distilled spirits permit’ or a ‘federal fuel alcohol permit.’
These permits vary in both their intended use as well as the cost and difficulty in obtaining them.
Federal Distilled Spirits Permit
The Federal Distilled Spirits Permit is ideal for those who want to actually open a distillery. As you can imagine, this is not something that can just be obtained easily and by just anyone.
However, many believe that Moonshiners operate with this type of permit and that is why they are able to legally distill. In fact, this is a very popular theory and many believe that they are actually able to sell the shine they distill.
Funnily enough, when you distill legally, what you are making is no longer considered moonshine, when you consider the definition of moonshine is spirits that are made illicitly.
This is also why commercial ‘moonshine’ is not actually moonshine. This title is likely only used to sell more bottles.
Fuel Alcohol Permit
Of course, those who purchase a still to open a distillery are not as common as those who are interested in home distilling.
If you are not interested in the business of making moonshine, you can get a Fuel Alcohol Permit.
This permit is much easier to get and is even FREE.
This permit is designed for people who want to make ethanol, but for the purpose of using ethanol for fuel.
While this permit may sound like the ultimate ‘get out of jail free’ card, that is not the intent of this permit.
Home distilling laws vary greatly from state to state and even county to county. It is important to stay informed of the laws in your area.
If you are purchasing a distiller without the intention of making alcohol, you do not require a permit.
Federally, it is completely legal to use your still to make perfumes, essential oils, and distilled water.
Ultimately, it is also always important to remember that regardless of the state, federal law says that home distilling is illegal.
US Home Distilling Laws by State
Check out the state laws in your area.
Is it Illegal to Make Moonshine in Alabama?
Distilling in Alabama is illegal, even if it would be federally legal.
Title 28 Intoxicating Liquor, Malt Beverages and Wine Section 28-1-1 Possession of still, etc., or illegally manufactured, transported or imported alcoholic beverages. In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law.
Section 28-3A-6 Manufacturer license required; issuance; registration of labels; record keeping; inspections; tastings or samplings; taxes. (a) Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a manufacturer license which shall authorize the licensee to manufacture or otherwise distill, produce, ferment, brew, bottle, rectify, or compound alcoholic beverages within this state or for sale or distribution within this state. No person shall manufacture or otherwise distill, produce, ferment, brew, bottle, rectify or compound alcoholic beverages within this state or for sale or distribution within this state or to the state, the board, or any licensee of the board, unless such person or the authorized representative of the person shall be granted a manufacturer license issued by the board.
Is it Illegal to Make Moonshine in Alaska?
Distilling in Alaska would be legal if it would be federally legal.
Title 04. Alcoholic Beverages Sec. 04.11.010. License or permit required; presumption concerning possession for sale. (a) Except as provided in AS 04.11.020 , a person may not knowingly manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title.
Chapter 4.21 General Provisions Sec. 04.21.015. Private manufacture of alcoholic beverages. (a) Except as provided in (b) of this section, the provisions of this title do not apply to the private manufacture of alcoholic beverages. (b) This section does not apply to AS 04.16.050 , 04.16.051, 04.16.080; AS 04.21.010 , 04.21.020; alcoholic beverages manufactured in a quantity that exceeds the limit imposed on private manufacture under federal law; or an area that has adopted a local option law under AS 04.11.491.
Is it Legal to Make Moonshine in Arizona?
Distilling in Arizona would be legal, if it would be federally legal.
Title 4 – Alcoholic Beverages 4-201. Licensing; application procedure in city, town or county; burden of proof A. A person desiring a license to manufacture, sell or deal in spirituous liquors shall make application to the director on a form prescribed and furnished by the director.
4-221. Registration of stills; forfeiture; sale; proceeds A. Every person having in his possession or custody or under his control a still or distilling apparatus shall register it with the director under the rules the director may prescribe, and every still or distilling apparatus not so registered, together with all mash, wort or wash, for distillation or for the production of spirits or alcohol, and all finished products, together with all personal property in the possession or custody of, or under the control of any person, which may be used in the manufacture or transportation of spirituous liquors, and which is found in the building or in any yard or enclosure connected with the building in which the unregistered still or distilling apparatus is located, shall be forfeited to the state.
4-244. Unlawful acts It is unlawful: 21. For a person to have possession of or to transport spirituous liquor which is manufactured in a distillery, winery, brewery or rectifying plant contrary to the laws of the United States and this state. Any property used in transporting such spirituous liquor shall be forfeited to the state and shall be seized and disposed of as provided in section 4-221.
Is it Illegal to Make Moonshine in Arkansas?
Distilling in Arkansas is illegal, even if it would be federally legal.
Title 3 – Alcoholic Beverages 3-3-402. Manufacture, possession, and transportation. (a) It shall be unlawful for any person, including any corporation or legal entity: (1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor; (2) To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or (3) To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors. (b) Any person committing an offense defined by this section is guilty of a Class D felony.
Is it Illegal to Make Moonshine in California?
Distilling in California is illegal, even if it would be federally legal.
Business and Professions Code – BCP Division 9. Alcoholic Beverages
- 23300. No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division.
- 23301. Any person violating Section 23300 is guilty of a misdemeanor, except that any person, without having a still license, exercising the privileges or performing any act which a still licensee may exercise or perform is guilty of a felony.
- 23367. A still license authorizes the person to whom issued to own or possess the number of stills indicated in the license upon the premises for which issued.
Is it Illegal to Make Moonshine in Colorado?
Distilling in Colorado is illegal, even if it would be federally legal.
Colorado Liquor Code 12-47-106. Exemptions. (2) (a) Any provision of this article or article 46 of this title to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of fermented malt beverage or malt or vinous liquor as is exempt from the federal excise tax on such alcohol beverage when produced by a head of a family for family use and not for sale. (b) The production of fermented malt beverages or malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto. (c) Fermented malt beverages or malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article or article 46 of this title.
12-47-901. Unlawful acts – exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (g) To manufacture, sell, or possess for sale any alcohol beverage unless licensed to do so as provided by this article or article 46 or 48 of this title and unless all licenses required are in full force and effect;
Is it Illegal to Make Moonshine in Connecticut?
Distilling in Connecticut is illegal, even if it would be federally legal.
Title 30: Intoxicating Liquors Sec. 30-78. Nuisance. Disposal. All alcoholic liquor which is intended by the owner or keeper thereof to be manufactured or sold in violation of law shall, together with the vessels in which such liquor is contained, be a nuisance. The Department of Consumer Protection may dispose of any intoxicating liquor, acquired in connection with the administration of this chapter, by public or private sale in such manner and upon such terms as it deems practical and, in cases where sale is impracticable, by delivering it to any state institution which has use therefor. All proceeds from such sale shall be paid into the State Treasury to the credit of the General Fund.
Sec. 30-107. Arrest and seizure without warrant. Disposition of illegal liquor. Any official so authorized in section 54-1f may, without a warrant, arrest any person whom he finds in the act of illegally manufacturing or selling alcoholic liquor, and seize the liquor, vessels and implements of manufacture or sale in the possession of such person and detain them in some place of safekeeping. Any property seized pursuant to this section may be adjudged a nuisance by the judge or court having jurisdiction of such arrested person and ordered destroyed or otherwise disposed of in the manner provided in section 54-33g.
Is it Illegal to Make Moonshine in Delaware?
Distilling in Delaware is illegal, even if it would be federally legal.
Title 4: Alcoholic Liquors § 905 Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person. (a) Whoever manufactures any alcoholic liquor without having first obtained from the Commissioner a license authorizing such manufacture, or, not being the holder of a license to manufacture alcoholic liquor, has at any time possession of any still, receptacle, paraphernalia, apparatus, mash, wort or wash, adapted for use in connection with the manufacture of alcoholic liquor, shall, in addition to the payment of costs, be fined not less than $500 nor more than $5,000, or imprisoned not less than 6 months nor more than 2 years, or both.
(b) Nothing in this section shall apply to the making of beer, cider or wine for personal consumption and not for the purpose of sale, nor to fermented liquids used in the manufacture of vinegar exclusively; however, no pipe, conductor or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or connected with any apparatus used for the manufacture of beer, cider, wine or vinegar except in the case of a duly licensed manufacturer. Any violation of this subsection shall carry the same penalties as provided in subsection (a) of this section.
Is it Illegal to Make Moonshine in Florida?
Distilling in Florida is illegal, even if it would be federally legal.
Title XXXIV: ALCOHOLIC BEVERAGES AND TOBACCO 561.17 License and registration applications; approved person. (1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is sought is located, a sworn application in the format prescribed by the division.
562.29 Raw materials and personal property; seizure and forfeiture. All raw materials found in the possession of any person intending to manufacture the same into a beverage subject to tax under the Beverage Law, or into a beverage which would be subject to tax under such law if manufactured in accordance with the regulatory provisions thereof, for the purpose of fraudulently selling such manufactured beverage, or with the design to evade the payment of said tax; and all tools, implements, instruments, and personal property whatsoever, in the place or building or within any yard or enclosure or in the vicinity where such beverage or raw materials are found, may also be seized by the division or any sheriff or deputy sheriff, and shall be forfeited as aforesaid.
562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence. (1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured.
Is It Illegal to Make Moonshine in Georgia?
Distilling in Georgia is illegal, even if it would be federally legal.
Title 3 – Alcoholic Beverages § 3-3-27. Unlawful manufacture, transportation, receipt, possession, sale, or distribution of alcoholic beverages; failure to file proper reports or bonds or pay fees; declaration of apparatus used in unlawful manufacture of alcoholic beverages as contraband; penalties
(a) No person knowingly and intentionally shall: (1) Distill, manufacture, or make any distilled spirits, except as permitted by this title; (2) Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title; (3) Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic beverages or alcohol, except as permitted by this title; (4) Fail to file any report required by this title; (5) File any report required by this title that is either intentionally false or fraudulent, or both; (6) Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from such payment; (7) Fail to have a sufficient bond filed with the commissioner as required by this title; or (8) Evade or violate, or conspire to evade or violate, any provision of this title.
(b) Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents seizing the property or otherwise disposed of as the commissioner directs. (c) Any person who violates the provisions of: (1) Paragraph (1) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; (2) Paragraphs (2) through (8) of subsection (a) of this Code section shall be guilty of a misdemeanor.
Is it Illegal to Distill in Hawaii?
Distilling in Hawaii is illegal, even if it would be federally legal.
Title 16. Intoxicating Liquor §281-3 Illegal manufacture, importation, or sale of liquor. It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for sale an amount of wine not exceeding two hundred gallons a year, and an amount of beer not exceeding one hundred gallons a year.
- 281-101 Manufacture or sale without license; penalty. If any person, acting in person or by or through any agent, servant, or employee, manufactures or sells any liquor, either directly or indirectly, or upon any pretense or by any subterfuge, except as authorized pursuant to this chapter, the person shall be fined not more than $2,000 or imprisoned not more than one year, or both
Is it Illegal to Distill in Idaho?
Distilling in Idaho is illegal, even if it would be federally legal.
23-602. Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage. Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor, and upon conviction shall be punished as otherwise provided by law. Upon conviction of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment
23-701. Liquor nuisance defined — Maintaining. The conducting or maintaining of a place or of a vehicle of any sort for the manufacture, storage, transportation, sale, or dispensing of alcoholic liquor, except as in this act authorized, permitted, or licensed, is hereby declared to be a public nuisance and in this article is referred to as a liquor nuisance.
23-702. Building and equipment. A building, vehicle, car, or boat where alcoholic liquors are manufactured, stored, transported, sold, or otherwise dispensed, or where persons are permitted to resort for the purpose of purchasing or drinking alcoholic liquor, except as in this act authorized, permitted, or licensed, and all alcoholic liquor, vessels, glasses, kegs, pumps, bars, and other property and equipment found or used in connection therewith are hereby declared to be a public nuisance and in this article such a public nuisance is referred to as a liquor nuisance.
23-703. Maintenance a misdemeanor. Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor.
Is it Illegal to Distill in Illinois?
Distilling in Illinois is illegal, even if it would be federally legal.
Liquor Control Act of 1934 Sec. 2-1. No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside this State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act;
Article X. Violations, Penalties, Searches and Seizures Sec. 10-1. Violations; penalties. (a) Any person who manufactures, imports for distribution or use, or distributes or sells alcoholic liquor at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense. Sec. 10-7. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution or sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this Act is hereby declared to be a public nuisance and shall be abated as provided by the laws of this State for the abatement of public nuisances. Sec. 10-8. Whenever complaint is made in writing, verified by affidavit, to any judge of the circuit court, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kept for sale, used or transported, in violation of this Act, or any mash, still or other property designed for the manufacture of alcoholic liquor is possessed in any premises which are not licensed hereunder, (particularly describing and designating such property in the complaint), the judge may issue a search warrant as hereinafter provided; provided, however, no search warrant shall be necessary for the inspection or search of any premises licensed under this Act, and provided, further, that no search warrant shall be issued for the search of premises in use for residence purposes. The property seized on any such warrant shall not be taken from the officer seizing the same on any order of replevin or other like process
Is it Illegal to Distill in Indiana?
Distilling in Indiana is illegal, even if it would be federally legal.
IC 7.1-5-4 Chapter 4. Unpaid Taxes; Counterfeit Permits
IC 7.1-5-4-1 Possession of untaxed beverages prohibited
Sec. 1. Possession of Untaxed Beverages Prohibited. It is a Class C misdemeanor for a person to sell, barter, give away, or possess, an alcoholic beverage, knowing that all taxes due the state on it are not paid.
IC 7.1-5-6-1 Making alcoholic beverages without permit prohibited Sec. 1. Making Alcoholic Beverages Without Permit Prohibited. It is a Class C misdemeanor for a person to knowingly own, have in his possession or under his control, or use a still or distilling apparatus for the manufacture of liquor, except as otherwise provided in this title. It also is a Class C misdemeanor for a person to knowingly own, have in his possession or under his control, or use brewing or wine-making apparatus, for the manufacture for commercial purposes of beer or wine, except as otherwise provided in this title.
Is it Illegal to Distill in Kansas?
Distilling in Kansas is illegal, even if it would be federally legal.
Chapter 41. – Intoxicating Liquors and Beverages 41-104. Acts with regard to alcoholic liquor prohibited unless allowed by statute; exceptions. No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act ….
41-805. Nuisances; places and properties operated or used in violation of act; lien for fines and costs; leases void; procedure for seizure and sale of vehicles and airplanes; appeals; stay of proceedings. (1) Any room, house, building, boat, vehicle, airplane, structure or place of any kind where alcoholic liquors are sold, manufactured, bartered or given away, in violation of this act, or any building, structure or boat where persons are permitted to resort for the purpose of drinking alcoholic liquors, in violation of this act, or any place where such liquors are kept for sale, barter or gift, in violation of this act, and all such liquors, and all property kept in and used in maintaining such a place, are each and all of them hereby declared to be a common nuisance. Any person who maintains or assists in maintaining such common nuisance is guilty of a misdemeanor punishable by imprisonment for not more than one year or by a fine not exceeding $25,000, or by both.
41-901. Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor. (a) No person shall manufacture, import for distribution as a distributor at wholesale or distribute or sell alcoholic liquor or cereal malt beverage at any place within the state without having first obtained a valid license therefor under the provisions of this act or under K.S.A. 41-2702, and amendments thereto.
Is it Illegal to Distill in Kentucky?
Distilling in Kentucky is illegal, even if it would be federally legal.
Kentucky Revised Statutes Title XX – Alcoholic Beverages
244.170 Apparatus for unlawful manufacture prohibited. No person shall buy, bargain, sell, loan, own, possess or knowingly transport any apparatus designed for the unlawful manufacture of alcoholic beverages.
244.180 Contraband defined. The following property, even though found and seized in dry territory, is contraband: (1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is so registered shall be on the defendant. (2) Any and all material, equipment, implements, devices, firearms and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages.
244.990 Penalties. (1) Any person who, by himself or herself or acting through another, directly or indirectly, violates any of the provisions of this chapter for which no other penalty is provided shall, for the first offense, be guilty of a Class B misdemeanor; and for the second and each subsequent violation, he or she shall be guilty of a Class A misdemeanor. The penalties provided for in this subsection shall be in addition to the revocation of the offender’s license. If the offender is a corporation, joint stock company, association, or fiduciary, the principal officer or officers responsible for the violation may be imprisoned. (2) Any person who violates KRS 244.170 shall, upon the first conviction, be guilty of a Class A misdemeanor. Upon a second conviction he or she shall be guilty of a Class D felony. Upon the third and each subsequent conviction, he or she shall be guilty of a Class C felony.
Is it Illegal to Distill in Louisiana?
Distilling in Louisiana is illegal, even if it would be federally legal.
- 75. Operation without permit prohibited A. No person shall do any act for which a permit is required by this Chapter or by local authorities acting hereunder unless he holds the proper state and local permit. Each day’s conduct of business by dealer without such a valid, unsuspended permit constitutes a separate violation of this Chapter.
Is it Illegal to Distill in Maine?
Distilling in Maine is legal, if it would be federally legal.
- 1. Compliance required; penalty
Any person who purchases, imports, transports, manufactures, possesses or sells alcohol in violation of law commits a Class E crime.
- 2221-A. Forfeiture of liquor and property used in illegal manufacture, transportation and sale of liquor
- Property forfeited. The following property shall be subject to forfeiture to the State and all property rights in the property shall be in the State:
- All materials, products and equipment of any kind which are used, or intended for use, in manufacturing, transporting or selling liquor in violation of this Title; and B. All conveyances, including aircraft, watercraft, vehicles and vessels, which are used, or are intended for use, to transport, conceal or otherwise to facilitate the manufacturing, transporting or selling of liquor in violation of this Title.
Is it Illegal to Distill in Maryland?
Distilling in Maryland is illegal, even if it would be federally legal.
- 1-201(a) General provisions and prohibitions
(3) A person may not manufacture, blend, rectify, bottle or suffer to be manufactured, blended, rectified or bottled any alcoholic beverages except on premises licensed under this article unless otherwise provided for in this article. (4) A person may not buy, bargain, sell, borrow, lend, manufacture, possess, transport or suffer to be bought, bargained, sold, lent, manufactured, possessed or transported any apparatus, materials, equipment, implements, devices or other personal property designed, used or intended for use directly or immediately in connection with the unlawful manufacture of alcoholic beverages. The apparatus, materials, equipment, implements, devices or other personal property shall be deemed contraband and may be confiscated and forfeited as provided in this article.
Is it Illegal to Distill in Massachusetts?
Distilling in Massachusetts is legal, if it would be federally legal.
Section 3. Manufacture and storage of alcoholic beverages for personal and private use Section 3. This chapter shall not apply to the manufacture or storage of alcoholic beverages by a person for his own private use or to sales of cider at wholesale by the original makers thereof, or to sales of cider by farmers, not to be drunk on the premises, in quantities not exceeding in the aggregate the product of apples raised by them in the season of, or next preceding, such sales, or to sales of cider in any quantity by such farmers not to be drunk on the premises if such cider does not contain more than three per cent of alcohol by weight at sixty degrees Fahrenheit; nor shall this chapter apply to sales of cider by the original makers thereof other than such makers and farmers selling not to be drunk on the premises as aforesaid, if the cider does not contain more than three per cent alcohol as aforesaid, not to be drunk on the premises as aforesaid.
Is it Illegal to Distill in Michigan?
Distilling in Michigan is legal, if it would be federally legal.
436.1201 Alcoholic liquor; manufacture, sale, possession, or transportation lawful; terms, conditions, limitations, and restrictions; right, power, and duty of commission to control alcoholic beverage traffic and traffic in other alcoholic liquor; unreasonable discrimination against Michigan manufacturers prohibited; enforcement of act and rules; willful neglect or refusal of officer to perform duties as misdemeanor; penalty. Sec. 201. (1) On and after December 15, 1933, it shall be lawful to manufacture for sale, sell, offer for sale, keep for sale, possess, or transport any alcoholic liquor, as defined in this act, including alcoholic liquor used for medicinal, mechanical, chemical, or scientific purposes and wine used for sacramental purposes, subject to the terms, conditions, limitations, and restrictions contained in this act, and only as provided for in this act.
436.1235 Search warrant; seizure of property. Sec. 235. A search warrant may be issued in accordance with the code of criminal procedure, 1927 PA 175, MCL 760.1 to 776.21. Under such a search warrant the officer may seize any alcoholic liquor, containers, implements, or conveyances used in connection with the violation of this act or any rule promulgated under this act. A property right does not exist in any alcoholic liquor had, kept, transported, or possessed contrary to law or in any receptacle or container of any kind in which the alcoholic liquor is found, and all such are hereby declared contraband and forfeited to the state and shall be seized. All alcoholic liquor, containers, implements, or conveyances seized under any such search warrant shall be turned over to the commission by direction of the court or magistrate and shall be disposed of in accordance with the rules promulgated under this act, which shall guarantee the return of such property, or payment of money received for the sale of that property, to the owner unless the owner is charged and convicted of the alleged offense or offenses in connection with which the search and seizure was made.
Is it Illegal to Distill in Minnesota?
Distilling in Minnesota is illegal, even if it would be federally legal.
- 1. Unlawful acts. It is a felony:
(1) to manufacture alcoholic beverages in violation of this chapter;
(2) to transport or import alcoholic beverages into the state in violation of this chapter for purposes of resale; or
(3) to sell or give away for beverage purposes poisonous alcohol, methyl alcohol, denatured alcohol, denaturing material, or any other alcoholic substance capable of causing serious physical or mental injuries to a person consuming it; or
(4) for a person other than a licensed retailer of alcoholic beverages, a bottle club permit holder, a municipal liquor store, or an employee or agent of any of these who is acting within the scope of employment, to violate the provisions of section 340A.503, subdivision 2, clause (1), by selling, bartering, furnishing, or giving alcoholic beverages to a person under 21 years of age if that person becomes intoxicated and causes or suffers death or great bodily harm as a result of the intoxication.
- 2. Presumptive sentence. In determining an appropriate disposition for a violation of subdivision 1, clause (4), the court shall presume that a stay of execution with a 90-day period of incarceration as a condition of probation shall be imposed unless the defendant’s criminal history score determined according to the Sentencing Guidelines indicates a presumptive executed sentence, in which case the presumptive executed sentence shall be imposed unless the court departs from the Sentencing Guidelines under section 244.10. A stay of imposition of sentence may be granted only if accompanied by a statement on the record of the reasons for it.
The finding of an unauthorized still is prima facie evidence of possession for the purpose of unlawful manufacture of alcoholic beverages.
Is it Illegal to Distill in Mississippi?
Distilling in Mississippi is illegal, even if it would be federally legal.
- 67-1-3 – Prohibition reannounced as law of State The policy of this State is reannounced in favor of prohibition of the manufacture, sale, distribution, possession and transportation of intoxicating liquor; and the provisions against such manufacture, sale, distribution, possession and transportation of intoxicating liquor, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state. The purpose and intent of this chapter is to vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this chapter, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, possession and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this chapter. All laws and parts of laws in conflict with this chapter are repealed only to the extent of such conflict; however, except as is provided in this chapter, all laws prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, which are not in conflict with this chapter shall remain in full force and effect, and all such laws shall remain in full force and effect in counties and municipalities wherein the manufacture, sale, distribution and possession of alcoholic beverages has not been authorized as a result of an election held under Section 67-1-11 or Section 67-1-14, Mississippi Code of 1972, or as otherwise provided in this chapter.
- 67-1-10 – Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions It shall be unlawful for any person, firm or corporation to own or control or have in such person’s, firm’s or corporation’s possession any distillery commonly called a still or any integral part thereof. It shall not be unlawful to own or have in possession a distillery or still in the following circumstances: (a) Where the same is used exclusively for the distillation of rosin products; (b) Where the same is used exclusively for the distillation of water; (c) Where the same is kept and lawfully used in any laboratory; (d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or (e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary not less than five (5), nor more than ten (10) years.
Is it Illegal to Distill in Missouri?
Distilling in Missouri is legal, if it would be federally legal.
Title XX – Alcoholic Beverages
Chapter 311 Liquor Control Law
311.020. The term “intoxicating liquor” as used in this chapter shall mean and include 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. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this chapter, but subject to inspection as provided by sections 196.365 to 196.445*.
311.055. 1. 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 aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred gallons per calendar year if there are two or more persons over the age of twenty-one years in such household, or one hundred gallons per calendar year if there is only one person over the age of twenty-one years in such household. Any intoxicating liquor manufactured under this section may not be offered for sale.
Is it Illegal to Distill in Montana?
Distilling in Montana is illegal, even if it would be federally legal.
Title 16. Alcohol and Tobacco 16-1-201. Acts not covered by code. (1) Nothing in this code prevents any brewer, distiller, or other person, licensed under the provisions of any statute of the United States of America for the manufacture of alcoholic beverages, from having or keeping alcoholic beverages in a place and in the manner authorized by or under any such statute. (2) It is the policy of the state of Montana that the manufacture of alcoholic beverages, including the distillation, rectification, bottling, and processing as these terms are defined under the provisions of the laws of the United States, is authorized and permitted by any brewer, distiller, rectifier, or other person licensed under any provision of any statute of the United States of America in a place and in the manner authorized by or under any statute of the United States. The department may adopt rules that the department considers necessary with respect to the manufacture of alcoholic beverages. The rules may not be inconsistent with this code or with the statutes of the United States of America or regulations issued under the provisions of the Federal Alcohol Administration Act, 27 U.S.C. 201 through 212, inclusive, or regulations issued under the provisions of chapter 51 of the Internal Revenue Code.
Is it Illegal to Distill in Nebraska?
Distilling in Nebraska is illegal, even if it would be federally legal.53-164.02.
Evasion of liquor tax; acts forbidden; violations; penalty. It shall be unlawful for any person to evade or attempt to evade the payment of tax on any alcoholic liquor in any manner whatever, and upon conviction thereof, in addition to the penalty prescribed for the violation of the Nebraska Liquor Control Act, such person shall forfeit and pay, as a part of costs in such action, double the amount of the tax so evaded or attempted to be evaded. Any person who violates this section shall be guilty of a Class II misdemeanor.
53-168.06. General prohibition; exceptions. No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in the Nebraska Liquor Control Act. Nothing in the act shall prevent (1) the possession of alcoholic liquor legally obtained as provided in the act for the personal use of the possessor and his or her family and guests; (2) the making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests; ….
53-1,100. Violations; general penalty. Any person (1) who manufactures, imports for distribution as a wholesaler, or distributes or sells alcoholic liquor at any place within the state without having first obtained a valid license to do so under the Nebraska Liquor Control Act, (2) who makes any false statement or otherwise violates any of the provisions of the act in obtaining any license under the act, (3) who, having obtained a license under the act, violates any of the provisions of the act with respect to the manufacture, possession, distribution, or sale of alcoholic liquor or with respect to the maintenance of the licensed premises, or (4) who violates any other provision of the act for which a penalty is not otherwise provided, shall for a first offense be guilty of a Class IV misdemeanor and for a second or subsequent offense shall be guilty of a Class II misdemeanor. Each day any person engages in business as a manufacturer, wholesaler, or retailer in violation of the act shall constitute a separate offense. In any prosecution in which a person is charged with an offense arising out of the failure to obtain a valid license as provided in subdivision (1) of this section, evidence of the failure of the accused to produce such license upon demand shall constitute prima facie proof that a license has not been issued by the commission to such person.
Is it Illegal to Distill in Nevada?
Distilling in Nevada is illegal, even if it would be federally legal.
NRS 369.495 Unlawful to make, store, possess or transport liquor with intent to defraud State; penalty.
- It is unlawful for a person to make, store, possess or transport liquor with the intent to defraud the State. 2. A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Is it Illegal to Distill in New Hampshire?
Distilling in New Hampshire is illegal, even if it would be federally legal.
178:1 Licenses Required; Enforceability of Contracts. –
- No person shall manufacture for sale, or sell in any method or manner, directly or indirectly, or distribute by selling, transferring, giving, or delivering to another, or leaving, bartering, or exchanging with another, or offering or agreeing to do the same, in any method or manner, directly or indirectly, or keep for sale any liquor or beverage without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. Any violation of this section shall be a class B felony for each violation.
179:1 Possession. – No person shall possess, transport, procure, furnish, or give away any beverage or liquor except such as has been sold under the provisions of this title or legally purchased outside the state and except as otherwise provided in this title.
Is it Illegal to Distill in New Jersey?
Distilling in New Jersey is illegal, even if it would be federally legal.
Title 33: INTOXICATING LIQUORS Section: 33:1-2. License required, terms; personal use; brand registration; fees 33:1-2. a. It shall be unlawful to manufacture, sell, possess with intent to sell, transport, warehouse, rectify, blend, treat, fortify, mix, process, bottle or distribute alcoholic beverages in this State, except pursuant to and within the terms of a license, or as otherwise expressly authorized, under this chapter; but any drink actually intended for immediate personal use may be mixed by any person.
33:2-1. Stills and distilling apparatus registered with commissioner; powers of commissioner; definitions Every person having in his possession or custody or under his control any still or any distilling apparatus set up, dismantled or in the process of construction or parts thereof, shall register the same with the commissioner of alcoholic beverage control, hereinafter in this chapter called the “commissioner” . The commissioner shall have and exercise the same powers of investigation and of prescribing rules and regulations with respect to such stills and distilling apparatus and parts thereof as are accorded to him by chapter 1 of this title (s. 33:1-1 et seq.), in connection with the manufacture of alcoholic beverages. The definitions set forth in section 33:1-1 of this title shall also apply to this chapter.
Section: 33:2-2. Stills not registered declared unlawful property Any such still or distilling apparatus or parts thereof not registered pursuant to section 33:2-1 of this title, together with all articles, implements or paraphernalia used or adaptable for use in connection therewith and all personal property of whatsoever kind, found in a building or in any yard or inclosure connected with a building or on the premises in which such still or distilling apparatus or parts thereof are found, are declared to be unlawful property.
Is it Illegal to Distill in New Mexico?
Distilling in New Mexico is illegal, even if it would be federally legal.
60-7A-7. Manufacture of spirituous liquors; felony.
It is a felony for any person other than a licensed distiller or rectifier to manufacture any spirituous liquors in the state.
60-7A-15. Public nuisance. A. Any premises used for the unlawful purpose of sale, manufacture, storage, possession or consumption of alcoholic beverages in violation of the Liquor Control Act [60-3A-1 NMSA 1978] is a public nuisance.
Is it Illegal to Distill in New York?
Distilling in New York is illegal, even if it would be federally legal.
- 150. Definitions Whenever used in this article only, unless the context requires otherwise: 1. “Illicit alcoholic beverage” means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported on which any tax required to have been paid under any applicable federal law has not been paid.
- 151. Possession of illicit alcoholic beverages Any person who shall knowingly possess or have under his control any illicit alcoholic beverages is guilty of a misdemeanor.
- 153. Stills and distilling apparatus Any person who shall manufacture any illicit alcoholic beverage or who, not being duly licensed as a distiller under the provisions of the alcoholic beverage control law, shall own, operate, possesses or have under his control any still or distilling apparatus is guilty of a felony. “Still” or ” distilling apparatus” shall mean any apparatus designed, intended, actually used, or capable of being used for or in connection with the separating of alcoholic or spirituous vapors, or alcohol or spirituous solutions, or alcohol or spirits, from alcohol or spirituous solutions or mixtures, but shall not include stills used for laboratory purposes or stills used for distilling water or other nonalcoholic materials where the cubic capacity of such stills is one gallon or less. Provided, however, that it shall not be unlawful for any person to own, possess or have under his control any still or distilling apparatus (a) where the same has been duly registered in compliance with or has otherwise complied with the provisions of federal law and regulations issued pursuant thereto, or (b) where the same is not required to be registered under federal law, or (c) where the same is in the possession of a duly qualified manufacturer of stills under federal law. The unlawful ownership, operation, possession, control or use of any still or distilling apparatus or illicit alcoholic beverage is a nuisance, and each such still and distilling apparatus and illicit alcoholic beverage is hereby declared to be a nuisance, and when any such still or distilling apparatus or illicit alcoholic beverage shall be taken from the possession of any person, the same shall be surrendered and forfeited to the sheriff of the county wherein the same shall be taken, except that in a city having a population of seventy-five thousand or more, the same shall be surrendered and forfeited to the police commissioner or other head of the police force or department of said city and except that in the county of Nassau, the same shall be surrendered and forfeited to the commissioner of the county police department.
Is it Illegal to Distill in North Carolina?
Distilling in North Carolina is illegal, even if it would be federally legal.
- 18B-102. Manufacture, sale, etc., forbidden except as expressly authorized. (a) General Prohibition. – It shall be unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess any alcoholic beverages except as authorized by the ABC law. (b) Violation a Class 1 Misdemeanor. – Unless a different punishment is otherwise expressly stated, any person who violates any provision of this Chapter shall be guilty of a Class 1 misdemeanor.
- 18B-307. Manufacturing offenses. (a) Offenses. – It shall be unlawful for any person, except as authorized by this Chapter, to: (1) Sell or possess equipment or ingredients intended for use in the manufacture of any alcoholic beverage, except equipment and ingredients provided under a Brew on Premises permit or a Winemaking on Premises permit; or (2) Knowingly allow real or personal property owned or possessed by him to be used by another person for the manufacture of any alcoholic beverage, except pursuant to a Brew on Premises permit or a Winemaking on Premises permit. (b) Unlawful Manufacturing. – Except as provided in G.S. 18B-306, it shall be unlawful for any person to manufacture any alcoholic beverage, except at an establishment with a Brew on Premises permit or a Winemaking on Premises permit, without first obtaining the applicable ABC permit and revenue licenses. (c) Second Offense of Manufacturing. – A second offense of unlawful manufacturing of alcoholic beverage shall be a Class I felony.
Is it Illegal to Distill in North Dakota?
Distilling in North Dakota is illegal, even if it would be federally legal.
5-01. General Provisions
5-01-04. Manufacture of alcoholic beverages prohibited – Exceptions. A person may manufacture alcoholic beverages for personal or family use, and not for sale, without securing a license if the amount manufactured is within quantities allowed by the alcohol and tobacco tax and trade bureau of the United States treasury department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty of a class A misdemeanor and property used for the same is subject to disposition by the court except any person may establish a brewery for the manufacture of malt beverages, a winery, or a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this state if the person has secured a license from the tax commissioner. This license must be issued on a calendar-year basis with a fee of five hundred dollars. A first-time license fee may be reduced twenty-five percent for each full quarter of a year elapsed between the first day of the year for which the license is issued and the date on which the application for the license is filed with the tax commissioner. A license may not be issued for any period for a fee less than one-half of the annual license fee. This license shall allow sale to only licensed wholesalers.
Is it Illegal to Distill in Ohio?
Distilling in Ohio is legal, if it would be federally legal.
4301.53 Search warrants – seizure of property. The judge of a court of record may issue warrants to search a house, building, place, vehicle, watercraft, aircraft, or conveyance for beer, alcohol, or intoxicating liquor manufactured, possessed, stored, concealed, sold, furnished, given away, or transported in violation of Chapters 4301. and 4303. of the Revised Code, and the containers in which the same is found, or machinery, tools, implements, equipment, supplies, and materials used or kept for use in manufacturing beer or intoxicating liquor in violation of those chapters, and to seize any of that property and things found in it, together with the vehicle, watercraft, aircraft, or conveyance in which the same is found.
4301.58 Permits required. (A) No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A permit issued by the division of liquor control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
Is it Illegal to Distill in Oklahoma?
Distilling in Oklahoma is illegal, even if it would be federally legal.
Title 37. Intoxicating Liquors §37-505. Manufacture, sale, possession, shipment, etc. prohibited except as provided in act – Exceptions – Penalties. A. No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport, or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act. §37-538. Penalties. A. Any person who shall operate a whiskey still with intent to produce alcoholic beverages or any person who shall carry on the business of a distiller without having in his possession a valid and existing distiller’s license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be guilty of a felony and upon conviction be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both such fine and imprisonment. §37-539. Search warrant – Seizure and destruction – Forfeiture and sale. A. A search warrant may be issued pursuant to the provisions of Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as amended, for the purpose of searching for, seizing, destroying or holding any alcoholic beverages possessed, sold, transported, manufactured, kept, or stored in violation of the Oklahoma Alcoholic Beverage Control Act; for the purpose of searching for and seizing any apparatus, vehicle, equipment, or instrumentality used for, or intended for use in, manufacturing or transporting any alcoholic beverage in violation of the Oklahoma Alcoholic Beverage Control Act; and all such property shall be forfeited to the State of Oklahoma.
Is it Illegal to Distill in Oregon?
Distilling in Oregon is illegal, even if it would be federally legal.
471.403 License required to produce alcoholic liquor; exception. (1) Except as provided in this section, a person may not brew, ferment, distill, blend or rectify any alcoholic liquor unless licensed so to do by the Oregon Liquor Control Commission.
471.440 Manufacture, fermentation or possession of mash, wort or wash; establishment or operation of distillery without license; prima facie evidence. (1) Except as provided in ORS 471.037 and 471.403, mash, wort or wash fit for distillation or for the manufacture of spirituous alcoholic liquors may not be made, fermented or possessed within this state by any person that does not at the time own a distillery license under the Liquor Control Act. (2) A distillery may not be set up or operated in this state for the purpose of manufacturing alcoholic liquor for beverage purposes except by a person duly licensed under the Liquor Control Act to operate a distillery. Any device or process that separates alcoholic spirits from any fermented substance shall be regarded as a distillery. A distillery is set up if the still is in position over a furnace, or is connected with a boiler, so that heat may be applied, although the worm or worm tank is not in position. (3) The finding of any mash, wort, wash or distillery in any house, on any premises or within any enclosure, is prima facie evidence that it was made and fermented by, or set up by, and the property of, the person who is in possession of the house, premises or enclosure.
Is it Illegal to Distill in Pennsylvania?
Distilling in Pennsylvania is illegal, even if it would be federally legal.
- 1.4. Unlawful manufacture—compensation to informers.
(a) The efficient administration of the Liquor Code requires the suppression of the unlawful manufacture of liquor, and to that end the Board may, in its discretion, pay for information leading to the location and seizure of illicit stills and the arrest and conviction of persons engaged in the operation of the stills. (b) Compensation to informers shall be based in each case upon the gallon capacity of the illicit still seized by reason of the information furnished. The amount of the compensation will be fixed by agreement between the Board and the informer, but will be paid only after the seizure of the still by the Board.
Is it Illegal to Distill in Rhode Island?
Distilling in Rhode Island would be legal, if it would be federally legal.
- 3-5-1 License required for manufacture, sale, or importation of beverages. – No person shall at any time manufacture or sell or suffer to be manufactured or sold or keep or suffer to be kept on his or her premises or possession or under his or her charge for the purpose of sale within this state any beverage unless licensed to do so as provided in this title; and except as provided in this title no person shall import, or suffer to be imported beverages into this state.
Is it Illegal to Distill in South Carolina?
Distilling in South Carolina is illegal, even if it would be federally legal.
Title 61 – Alcohol and Alcoholic Beverages CHAPTER 6 – Alcoholic Beverage Control Act SECTION 61-6-4010. Unlawful manufacture, possession, or sales. (A) It is unlawful for a person to: (1) manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except liquors acquired in a lawful manner and except in accordance with the provisions of this title; or (2) accept, receive, or have in possession alcoholic liquors for unlawful use pursuant to the provisions of this title. (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows: (1) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months; (2) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and (3) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years. SECTION 61-6-4100. Distilleries. It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State. The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows: (a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months; (b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and (c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.
Is it Illegal to Distill in South Dakota?
Distilling in South Dakota is illegal, even if it would be federally legal.
35-1-4. Traffic in alcoholic beverages prohibited except as authorized by title. No person may produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this title.
35-1-5. Unlicensed business prohibited–Violation as misdemeanor. No person may transact any business authorized by this title without a license as provided by this title. A violation of this section is a Class 1 misdemeanor.
Is it Illegal to Distill in Tennessee?
Distilling in Tennessee is illegal, even if it would be federally legal.
Title 57 Intoxicating Liquors
Chapter 3 Local Option–Traffic in Intoxicating Liquors
Part 4 Prohibited Acts — Enforcement
57-3-411. Contraband goods — Property subject to seizure and sale. (a) All alcoholic beverages as defined in § 57-3-101 which are or shall be owned or possessed by any person in avoidance, evasion or violation of any of the provisions of this chapter are declared to be contraband goods, and the same may be seized by the alcoholic beverage commission, or any duly authorized representative, agent or employee of the commission, without a warrant, and such goods shall be delivered to the commission for sale at public auction to the highest bidder after due advertisement. The proceeds of all such seizures shall be paid by the commission into the state treasury, and ten percent (10%) of such proceeds shall be set aside as expenses for the administration of this section.
Is it Illegal to Distill in Texas?
Distilling in Texas is illegal, even if it would be federally legal.
Alcoholic Beverage Code Title 4. Regulatory and Penal Provisions Chapter 103. Illicit Beverages Sec. 103.01. ILLICIT BEVERAGES PROHIBITED. No person may possess, manufacture, transport, or sell an illicit beverage. Sec. 103.02. EQUIPMENT OR MATERIAL FOR MANUFACTURE OF ILLICIT BEVERAGES. No person may possess equipment or material designed for, capable of use for, or used in manufacturing an illicit beverage. Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. A peace officer may seize without a warrant: (1) any illicit beverage, its container, and its packaging; (2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage; (3) any equipment designed for use in or used in manufacturing an illicit beverage; or (4) any material to be used in manufacturing an illicit beverage. Sec. 103.04. ARREST OF PERSON IN POSSESSION. A peace officer may arrest without a warrant any person found in possession of: (1) an illicit beverage; (2) any equipment designed for use in or used in manufacturing an illicit beverage; or (3) any material to be used in manufacturing an illicit beverage.
Is it Illegal to Distill in Utah?
Distilling in Utah is illegal, even if it would be federally legal.
32B-11-201. Commission’s power to issue a manufacturing license — Certificates of approval. (1) (a) Except as provided in Section 32B-11-202, before a person may manufacture an alcoholic product in this state, the person shall obtain an alcoholic product manufacturing license issued by the commission in accordance with this part.
Is it Illegal to Distill in Vermont?
Distilling in Vermont is illegal, even if it would be federally legal.
- 561. Authority of liquor control investigators; arrest for unlawfully manufacturing, possessing, or transporting alcoholic beverages; seizure of property (b) The Commissioner of Liquor Control, the Director of the Enforcement Division of the Department of Liquor Control or an investigator employed by the Liquor Control Board or by the Department of Liquor Control and any other law enforcement officer may arrest or take into custody pursuant to the Vermont Rules of Criminal Procedure, a person whom he or she finds in the act of manufacturing alcohol or possessing a still, or other apparatus for the manufacture of alcohol, or unlawfully selling, bartering, possessing, furnishing or transporting alcohol, or unlawfully selling, furnishing or transporting spirituous liquor, or malt and vinous beverages, and shall seize the liquors, alcohol, vessels and implements of sale and the stills or other apparatus for the manufacture of alcohol in the possession of the person. He or she may also seize and take into custody any property described in this section.
Is it Illegal to Distill in Virginia?
Distilling in Virginia is illegal, even if it would be federally legal.
- 4.1-300. Illegal manufacture and bottling; penalty. A. Except as otherwise provided in §§ 4.1-200 and 4.1-201, no person shall manufacture alcoholic beverages in the Commonwealth without being licensed under this title to manufacture such alcoholic beverages. Nor shall any person, other than a brewery licensee or bottler’s licensee, bottle beer for sale. B. The presence of mash at an unlicensed distillery shall constitute manufacturing within the meaning of this section. C. Any person convicted of a violation of this section shall be guilty of a Class 6 felony.
- 4.1-301. Conspiracy to violate § 4.1-300; penalty. If two or more persons conspire together to do any act which is in violation of § 4.1-300, and one or more of these persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be guilty of a Class 6 felony.
- 4.1-314. Keeping, possessing or storing still or distilling apparatus without a permit; penalty. No person shall keep, store or have in his possession any still, or distilling apparatus, without a permit from the Board. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.
Is it Illegal to Distill in Washington?
Distilling in Washington is illegal, even if it would be federally legal.
RCW 66.44.090 Acting without license.
Any person doing any act required to be licensed under this title without having in force a license issued to him or her shall be guilty of a gross misdemeanor.
RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal — Unlawful operation, possession of still or mash. Every person who shall sell or offer for sale, or transport in any manner, any spirituous liquor, without government stamp or seal attached thereto, or who shall operate without a license, any still or other device for the production of spirituous liquor, or shall have in his or her possession or under his or her control any mash capable of being distilled into spirituous liquor except as provided in RCW 66.12.130, shall be guilty of a gross misdemeanor and upon conviction thereof shall upon his or her first conviction be fined not less than five hundred dollars and confined in the county jail not less than six months, and upon second and subsequent conviction shall be fined not less than one thousand dollars and confined in the county jail not less than one year.
Is it Illegal to Distill in West Virginia?
Distilling in West Virginia is illegal, even if it would be federally legal.
- 60-1-3. Restrictions on sale, manufacture or consumption; exceptions.
Subject to the provisions of this chapter, alcoholic liquors, in this state:
(1) Shall be sold only in sealed packages, except by organizations licensed under authority of article seven of this chapter.
(2) Shall not be sold for consumption on the premises where sold, except as authorized by article seven of this chapter.
(3) Shall be manufactured only by persons licensed under the provisions of this chapter. (4) Shall not be consumed or sold for consumption in a public place.
Is it Illegal to Distill in Wisconsin?
Distilling in Wisconsin is illegal, even if it would be federally legal.
125.04(1) (1) License or permit; when required. No person may sell, manufacture, rectify, brew or engage in any other activity for which this chapter provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under this chapter.
125.14(2)(a) (a) Contraband. All alcohol beverages owned, possessed, kept, stored, manufactured, sold, distributed or transported in violation of this chapter or ch. 139 and all personal property used in connection therewith is unlawful property and may be seized by any peace officer. Any peace officer confiscating personal property under this section may proceed under this section.
125.66 Sale without license; failure to obtain permit; penalties. (3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, is guilty of a Class F felony
Is it Illegal to Distill in Wyoming?
Distilling in Wyoming is illegal, even if it would be federally legal.
Chapter 8 – Penalties
12-8-102. Manufacturing, rectifying or sale without license or permit; penalties. (a) Any person who manufactures or rectifies any alcoholic beverage without holding a manufacturer’s license or who possesses a still without holding a manufacturer’s license is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both. Any equipment possessed and used in an illegal manner shall be confiscated by the state and disposed of as directed by the court. Nothing in this subsection shall prohibit any person from manufacturing fermented or malt beverages in limited quantities for his sole personal consumption.
Is Home Distilling Illegal?
Is it illegal to do home distilling in your state? Well, we have never heard such a good reason to move.
In 1996, New Zealand made it legal to make moonshine for personal consumption. They were the first to allow for legal home distilling.
While they are considered ‘pioneers’ in this decision, it is important to note that it was legal to distill in the United States until tax laws demanded the government make money off the sale of liquor.
Want a colder climate? Russia changed their laws to make home distilling a misdemeanor in 1997 and in 2002 it was no longer even considered a misdemeanor.
Many other countries (and states) choose to turn a blind eye to the practice. In many areas, there are only concerns raised if the moonshine is being given to minors or sold for a profit.