Distilling alcohol without the proper licenses, permits, and bonds is illegal in the United States of America. Doing so without said requirements puts you and those around you in serious danger of federal prosecution. Artisan Spirit Magazine cannot and does not endorse such activities.
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ou probably know about “Moonshiners” on The Discovery Channel, a reality TV show that follows men who are trying to stay one step ahead of the law while they make moonshine and money in the hills of the modern-day South. I’m not saying that profiting from an illegal distillation operation is OK, but what if you want to make liquor for yourself with no intent to sell it? Or you want to open a distillery and would like to get a head start on recipe formulation while you wait for the myriad permits and licenses? Is there a way to legally do that?
The Law Today
Death and Taxes
Home distilling is illegal under federal law, but not under every state law. In Missouri you can legally distill up to 200 gallons a year if you are over 21, but because federal law supersedes state law, you run the risk of being arrested and charged by the federal authorities. Seven other states already define what legal home distilling means for their residents if and when it becomes allowed under federal law: Arizona, Alaska, Maine, Massachusetts, Michigan, Ohio, and Rhode Island. When author, speaker and self-described homesteader Victoria Redhed Miller wanted to add home distilling to her diverse skillset, she attempted to obtain the licenses necessary from her home state of Washington and promptly discovered that the current laws are only written for people wanting to open a commercial distillery. After multiple rounds of Q&A with both state and federal authorities, Miller decided to work toward a larger goal. "This isn't just about being allowed to make booze,” stated Miller. “It's the bigger picture of unfair, archaic laws that restrict the flow of information and innovation.” In her latest book, “Craft Distilling: Making Liquor Legally at Home,” she talks about her ongoing struggle for licensing and includes a how-to guide for new home distillers.
There are two main issues preventing legal home distilling: government taxes and the safety of still operation, potentially by someone with no formal training or license. There is also a secondary safety concern from accidental methanol poisoning.
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The Government's Cut Liquor taxes were originally levied to help pay for the war our fledgling country had fought against the British. While the tax was repealed in 1802, it was reinstated in 1813 and it has been a fact of life for commercial distilleries ever since.
The Garage In 1996, New Zealand legalized home distilling. After two decades of legal home distilling, has there been a rise in garage explosions or fires? According to Rick Morris, founder of the Texasbased Hobby Distiller’s Association (HDA), there is no data to support that claim.1 While working to get hobby distilling legalized and to help educate legislators, Morris and his staff have conducted extensive research, including statistics on household fires. In New
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