[…] You can find more information about the legal status of distillation in your state here. […] Unlike Florida, some states` home distillation laws allow «legal» moonshine, even though it`s considered illegal at the federal level. These states include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio and Rhode Island. Federal law replaces state law, but since we`re not lawyers, it`s up to you to explore your options for distilling spirits at home. Every state is really very different. Here`s a great resource for checking your state`s laws regarding distillation. At the federal level, it`s pretty dry when it comes to distilling spirits at home. On the U.S. website The Tax and Trade Bureau (TTB) states: «While persons of legal drinking age may produce wine or beer at home for personal or family use, federal law strictly prohibits individuals from making home-distilled spirits (see 26 United States Code (U.S.C.) 5042 (a) (2) and 5053 (e)). » 5-01-04. Production of alcoholic beverages prohibited – exceptions.
A person may produce alcoholic beverages for personal or family use, not for sale, without obtaining a licence if the quantity produced is within the quantities authorized by the U.S. Department of the Treasury`s Alcohol and Tobacco Tax and Trade Office. Any person who manufactures alcoholic beverages in that state in quantities greater than those authorized by the Alcohol and Tobacco Tax and Commerce Bureau of the U.S. Department of the Treasury is guilty of a Class A offense, and property used for that purpose is subject to court order, unless a person can establish a brewery for the production of malt beverages. a winery, distillery, or other facility for the distillation, production, or processing of liquor in that state, if the person has obtained a license from the Commissioner of Taxation. This license must be issued on a calendar year basis with a fee of five hundred dollars. An initial fee may be reduced by twenty-five per cent for each full quarter of a year between the first day of the year for which the licence is issued and the date on which the licence application is submitted to the Commissioner of Taxation. A licence may not be issued for a period less than half of the annual licence fee. This license only allows sales to authorized wholesalers. Title 04. 04.11.010. Licence or approval required; Presumption of possession for sale.
(a) Except as provided in AS 04.11.020, no person shall produce, sell, offer for sale, possess for sale or knowingly exchange, exchange or exchange an alcoholic beverage unless a licence or authorization has been granted under this title. Section 150. Definitions Whenever used only in this Article, unless the context otherwise requires: (1) `illicit alcoholic beverage` means and includes all alcohol or distilled spirit drinks in possession, produced, distributed, purchased, sold, bottled, rectified, mixed, mixed, processed, stored, possessed or transported for which no tax has been paid; payable in accordance with applicable federal law. 244,170 devices for illegal production banned. No person may knowingly buy, trade, sell, lend, possess, possess or transport equipment for the illegal production of alcoholic beverages. Title 16: Intoxicating Spirit Drinks § 281-3 Illegal production, importation or sale of spirits. It is illegal for any person who does not hold a valid licence to produce or sell spirit drinks unless otherwise provided in this Chapter; provided that the head of the family may produce, for family use and not for sale, a quantity of wine not exceeding two hundred gallons per year and a quantity of beer not exceeding one hundred gallons per year. However, in the United States, distilling alcohol is a federal offense and therefore illegal in any state. Interestingly, some U.S. states have laws that would theoretically make moonshine legal immediately if the federal law were changed. § 18B-102.
Manufacture, sale, etc. are prohibited unless expressly authorized. (a) General prohibition. It is illegal for any person to produce, sell, transport, import, supply, supply, purchase, consume or possess alcoholic beverages unless permitted by the ABC Act. (b) Violation of a Class 1 offence. – Unless expressly stated otherwise, any person who violates a provision of this Chapter is guilty of a Class 1 offence. Chapter 4.21 General Provisions Section 04.21.015. Private production of alcoholic beverages. (a) Subject to subparagraph (b) of this Section, the provisions of this Title shall not apply to the private production of alcoholic beverages. (b) This Article does not apply to RO 04.16.050, 04.16.051, 04.16.080; RO 04.21.010 , 04.21.020; alcoholic beverages produced in quantities exceeding the limit set by federal law for private production; or a territory that has enacted local options legislation pursuant to AS 04.11.491.
In other words, beer and wine are good to produce at home, but distilling spirits requires a license.