Other states where distillation to produce whiskey at home is legal include Alaska, Arizona, Maine, Massachusetts, Michigan, Ohio and Rhode Island. Missouri, for example, allows residents to distill up to 100 gallons of spirits a year. In general, most of the states hold distillation of whiskey (and other spirits) to be illegal, but there are some definite exceptions. State laws about distilling whiskey vary in two regards – legality and enforcement. They are not hard to get, but something that will fetch a fine if the law is violated.Īre There Different Laws in Different States? For example, Florida does not allow residents to own or operate stills for “legal purposes” even without obtaining a license. However, you cannot distill, distribute, consume and sell any alcoholic products made from your copper still, unless you have a Federal Distilled Spirits Permit. If you want to move one step further, you can manufacture alcohol (ethanol) based fuel for home use by obtaining a Federal Fuel Alcohol permit – which is inexpensive, easy to obtain and maintain. The use of copper stills is permitted for a number of “legal purposes” – starting with decoration and distilling water or non-alcoholic matter. There are no size restrictions either – just as its not ok to brew whiskey in small batches with a still below 1 gallon in size (an urban legend, as we pointed out), there is no upper limit (a 13 gallon limit is another urban legend) as to the size of the still you buy – as long as you do not use it to manufacture whiskey or other spirits. Is it Legal to Buy or Own a Moonshine Still?Ĭopper stills which were used for moonshine are a tradition in Americana and in most states, you do not require a permit to buy or own a moonshine still as in the example above. That trend continues to this very day – whiskey taxes are here to stay, and so too the restrictions on producing moonshine at home. Revenues from taxing whiskey were so high over the next 60+ years, that it was hard to take the decision to impose Prohibition from a purely economic perspective. In 1862, President Lincoln signed a tax bill with sweeping effect on many sectors of the US economy, including Whiskey. The final nail in the coffin was put in place during the Civil War period. These taxes were later repealed in 1802, when Thomas Jefferson was the U.S. The rebellion was quelled by militia from a number of states, including New Jersey, Pennsylvania, Virginia and Maryland (aided by a handful of Army regulars) but the die was cast – the Federal government had decided that whisky was a commodity whose production and distribution could be taxed to pay for the needs of the state.
#HOW TO HOMEBREW WHISKEY SERIES#
There were a series of attempts at reconciliation, but matters kept getting worse till in July of 1794, things reached a head with an armed insurgency. This led to a popular uprising in Western Pennsylvania, where poor farmers, distillers and townsfolk protested that their fundamental rights (as just ratified under the Bill of Rights) were being infringed upon. Desperate for revenues, President Washington decided to levy an excise tax on whiskey. The newly formed republic had substantial debts (to the tune of approximately $80 million) from the Revolutionary War and subsequent expenses. Ironically, the origin of the Federal restrictions against moonshine without licenses date back to the period shortly after the ratification of the US Constitution (1789) and the Bill of Rights (1790).
In addition, the alcohol is taxed heavily, a “sin tax” concept that has not faced widespread pushback in modern times. Licenses for distilling, which are contained in the Federal Distilled Spirits Permit, require a number of norms to be adhered to, a hefty fee, and regular inspections.
Permits for a number of activities involving a moonshine still are easy to obtain. The cynical, and even government sources, will point out that the matter is simply one of tax collection by the Federal and State governments. Another danger is the presence of large amounts of volatile substances being mixed together and heated, which has all the ingredients for an explosion that could burn your house down or cause damage to the neighborhood. For example, it’s often said that home distillation could lead to products that contain large amounts of harmful congeners, such as methanol – which can cause blindness or even death. There are a number of reasons that are advanced for why it’s not allowed to make whiskey at home, most of which center around quality control, personal and public safety. Why are You not Allowed to make Whiskey (or Other Spirits) at Home in the US?
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