California: In California, you must register your distillery by contacting the California Department of Alcoholic Beverage Control. State laws in California are a bit muddy, while you can still be confiscated even if there is no moonlight. This seems to be the case with stills that are not registered with the state. Colorado: In Colorado, there are no laws prohibiting the possession of a distillery. However, the production, transportation or sale of moonlight is illegal without proper permits. At StillDragon, we get a lot of questions about the best ways to legally distill spirits at home. Home distillation is a problem that can be confusing and simple at the same time. We are far from being lawyers, and we are certainly not allowed to provide legal advice, so nothing in this article is intended to replace the advice of a licensed lawyer. The short answer is that distilling spirits without a license is illegal at the federal level and supersedes all laws in your state. “Interest is growing rapidly,” says Gary Robinson, owner of Moonshine Still Pro, a Missouri supplier. Robinson sells stills – whose possession is completely legal – from about 3 gallons capacity to about 13. He ships to every state, but the main areas of his business are the traditional districts of southeastern moonlight and the west coast.
Moonlighting is not a new hobby, but it is a hobby that is dotted with both the law and the helmsman. Navigating these laws is not always easy. That`s why we`ve created this simple guide to help you learn about your state`s laws as well as federal laws. Hillbilly Stills` Haney says he appreciates that most professional distillers first tried their hand illegally. But just because it`s legal to own a distillery doesn`t mean it`s legal to distill spirits in your home. In fact, it is illegal to use your distillery to distill alcohol without first having a “distilled spirits permit” or a “federal liquor fuel permit.” It doesn`t matter if the spirits you make are for personal use only and not for sale. No matter what county you live in, it`s illegal to be in possession of moonlight in Alabama. Texas makes moonshine illegal in its state and can be punished with serious violations and criminal charges. The term generally means that it is the illegal distillation of alcohol, and with more contaminants in the drink, it is also a matter of public safety. Apart from this, the illegal production of alcoholic beverages also results in violations of the Tax Act of 1862. >>>I live in Missouri and I`m right.
I don`t need permission to distill alcohol up to 200 gallons a year as long as I`m twenty-one years old and don`t sell any of my moonshine, but keep it in the family<<<< Yes, moonshine is illegal to distill in Texas because it is an untaxed alcohol. Moonshine is the term for the unlicensed distillation of hard liquor or simply illegal whiskey. Although the term became widely used during the prohibition period (1920-1933), its Texas roots produced illegally distilled spirits from early pioneers long before the 20th century. From 1876 to 1891, local options laws began banning alcohol in local legal stores in Texas. When the end of the prohibition era made whiskey ownership easier, the huge moonlight industry began to shrink. Authorities across the United States have actively persecuted moonlight producers since the end of World War 2. Distilling alcohol at home in Texas is illegal because it doesn`t pay taxes. Beginning with the Revenue Act of 1862, introduced during the American Civil War, homemade spirits and tobacco products were subject to tax.
There is also a contamination issue for improperly manufactured unaged whisky, which poses a risk to public safety. On the contrary, federal law allows citizens to own a distillery for their personal consumption, but it is illegal to make moonlight or distill spirits. With the exception of alcohol production, they are materials for the distillation of water or for the production of essential oils. Since distillation devices can also produce ethanol fuel, the licensee would first need to obtain a federal liquor fuel permit. Which brings us to theory number two: The guys at Moonshiners have a federal distilled spirits license. Although this permit is not easy to obtain, it is for those who want to open their own distillery. To understand where the legality of moonshine currently stands, you really need to understand its origins. Moonshine isn`t illegal, but you need to follow the proper steps, get the proper permits, and live in the right part of the country (and in many cases, the world).
While people of legal drinking age may produce wine or beer at home for personal or family use, federal law strictly prohibits the production of home-distilled spirits (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)). Manufacturing distilled spirits in a location other than a TTB-eligible liquor factory may expose you to federal charges for serious crimes and result in consequences, including, but not necessarily limited to: In the midst of the American Civil War in 1861, Congress passed legislation to impose taxes on distilled spirits and tobacco products as a fundraising strategy. Since moonshine is the illegal production of distilled alcoholic products, it is not subject to sales tax. If taken, the sale of moonshine is subject to serious violations of state and federal laws. Massachusetts: In Massachusetts, you can not only own a distillery, but also make spirits for personal use. There does not seem to be a limit to the amount produced by a person. However, the production or transportation of moonlight for sale is illegal. Now that moonshine has been legalized and nowadays, with the legalization of moonshine, much of the illegal moonlight trade is dead and law enforcement continues to crack down on distilleries. Even famous Southerners like NASCAR legend Junior Johnson are in business with his Junior Johnson Midnight Moon according to an old family recipe. Junior learned to run in the moonlight in the hills of North Carolina. The term “moonshine” is used to refer to different types of alcohol. Historically, moonlight meant liquor made and distilled at home.