Making moonshine and the taxes you’ll owe Download Remember the bearded hipster who slipped you some homemade moonshine at that music festival one time? Remember how you convinced yourself you weren’t breaking the law, but that it would be the hipster on the hook if the cops caught wind of it? Think again, according to Jeff Lasater, special agent in charge of the Raleigh office of Alcohol Law Enforcement (ALE).
There’s nothing nebulous about moonshine laws, Lasater said. forbid the manufacture or possession of moonshine, or non-tax-paid spirituous liquor if you want to get technical. State laws say homemade beer and wine are permissible, Lasater points out. “But liquor is totally different,” he says. Take his word for it.
According to state figures, ALE agents reported 34 distillery seizures in North Carolina since 2010. That number is not quite representative because local sheriffs also seize and destroy liquor stills. Moonshine traces its origins to illegal Appalachian distillers, and it comes with all sorts of colorful monikers such as mountain dew, Tennessee white whiskey and hooch.
Once viewed as a viable commercial trade in mountainous West Virginia, the homemade hooch has been on the wrong side of the law for decades, allegedly thanks to 18th-century American whiskey makers who squelched their competition with a little help from Washington, D.C. Agents find the high-proof liquor all over the state, although law enforcement typically makes its biggest crackdowns in rural Johnston County to the southeast of Raleigh.
Two weeks ago, Johnston County deputies said they netted a 500-gallon still and 2,000 gallons of the mash input in a barn north of Benson. And in February, ALE agents arrested another man in Benson for alleged moonshining, seizing hundreds of gallons of finished liquor and mash.
- In Sampson County, just to the south of Johnston, local law enforcement reported two weeks ago that they discovered a large moonshine operation in a Clinton barn.
- By the way, the hooch may be illegal, but tax offices take their share nonetheless, Lasater noted.
- If sold by the drink, the N.C.
- Department of Revenue imposes a tax rate of $31.70 per gallon on moonshine, according to department spokeswoman Beth Stevenson.
The rate is $12.80 per gallon if not sold by the drink, while mash is taxed at $1.28 per gallon and other illegal mixed beverages are taxed at $20 per 4 liters, which is roughly one gallon. All told, the state agency reported $41,507 in total assessments in 76 cases for illicit liquor in the last two fiscal years, Stevenson said.
- 1 What is the charge of moonshine in NC?
- 2 Is North Carolina a dry state for alcohol?
- 3 Does moonshine count as liquor?
- 4 Who was the biggest moonshiner in North Carolina?
Can you make moonshine legally in NC?
Is it legal to make moonshine in NC? – It is illegal to make “spirituous liquor” – which includes moonshine – without a permit from the N.C. Alcoholic Beverage Control Commission, according to state law, State law also prohibits people from possessing, transporting and selling “non-tax paid alcoholic beverages.” The state has an excise tax on alcoholic beverages that all “retail wholesalers or importers of wine or malt beverages” must pay to keep their permits, according to the N.C.
Department of Revenue. The excise tax on liquor is 30%. Individuals with permits can make, transport and sell moonshine within the state, per state law, Permit applicants must be at least 21 years old, with no alcohol-related misdemeanor convictions within the last two years and no felony convictions within the last three years, according to the N.C.
Can you make alcohol at home in North Carolina?
Can I legally share homemade beer, wine? – Yes, with restrictions, These restrictions include:
Only allowing people 21 years or older to possess or consume the beer and wine. Not selling the products, not offering to sell them, not marketing them for sale.
“If lawfully made and possessed, then you can give it to of-age guests without payment or compensation on your own private property,” Russell said. With certain types of alcohol, like liquor and fortified wine, you might not be able to lawfully bring it to places such as your workplace or a public park and consume it with people there, because you may not be allowed to legally possess those products on that property.
- Your home is typically fine, your friend’s home is fine with their permission.
- But there are limits on consumption and possession of alcohol in public and commercial places,” he said.
- North Carolina law allows you to “make, possess and transport” wines and malt beverages for personal use, which can include giving to family or guests at organized events, such as contests.
If you want to submit home-brewed beer for a competition, you can share your product in that regard, but you cannot sell it to others without proper permits and licensure. This is because NC has a tightly regulated marketplace for alcohol. The driving force for this regulation is consumer protection, but the regulation also helps to avoid product diversion and ensure state and federal governments collect the tax revenue they are due from any regulated business activity. Mike Walters of St. Louis Brews judges the aroma of a light ale during the Happy Holidays Home-brew Competition in 2020. Judges work in two-person teams, evaluating the best in aroma, appearance, flavor and the defined weight or thickness of the beer. Robert Cohen St. Louis Post-Dispatch/TNS
What is the charge of moonshine in NC?
What is the Penalty For Selling Moonshine in North Carolina ? – If you distill, trade, transport, consume, or possess distilled alcohol you will be in violation of a Class 1 Misdemeanor. : Is It Illegal To Make Moonshine In North Carolina ?
How much does the average moonshine yield?
How Much Alcohol Can you Get From 5 gallons of Mash? – via GIPHY When asking questions like this it is important to keep in mind that your final result will vary depending on your starting alcohol and final proof. However, there are general guidelines that can be followed:
A 1 gallon run will yield 3-6 cups of alcohol A 5 gallon run will yield 1-2 gallons of alcohol A 8 gallon run will yield 1.5-3 gallons of alcohol A 10 gallon run will yield 2-4 gallons of alcohol
Can you drink in a car in North Carolina?
Transporting Alcohol/Open Container – Open and closed containers of all alcoholic beverages are prohibited in all commercial motor vehicles (bus, eighteen-wheeler, dump truck, etc.) except as listed below. An open container of any alcoholic beverage is prohibited in the passenger area of any motor vehicle (commercial or non-commercial) located on the highway or highway right of way – even if the vehicle is parked except as listed below.
If the seal on a container of alcoholic beverage has been broken, it is open. “Passenger area of a motor vehicle” means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. In the case of a station wagon, hatchback or similar vehicle, the area behind the last upright back seat is not considered part of the passenger area.
An open container of a malt beverage (beer, malt liquor, ale, hard lemonade) or unfortified wine (table wine, champagne) is prohibited.
In the passenger area of a motor vehicle designed, manufactured and used primarily for transportation of persons for compensation (buses, taxi-cabs, etc.); In the living quarters of a motor home or home car; In a house trailer.
Note: Open containers of spirituous liquor (bourbon, gin, vodka, etc.), mixed drinks or fortified wine (wine with higher alcohol content, i.e., 17% to 24%, such as sherry or port) in the passenger area of any motor vehicle is always unlawful. The amount of unopened alcoholic beverage which may be transported without a permit is as follows:
Not more than 80 liters of malt beverages, other than draft malt beverages in kegs; Any amount of draft malt beverages in kegs; Not more than 20 liters of unfortified wine; Not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined.
What is North Carolina alcohol tolerance?
DWI Commercial – In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04. The most significant aspects of the state’s DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular.
- For offenders who fall into one of the five levels of misdemeanor DWI, Level I being the most serious and Level V the least, the likelihood of spending time in jail has increased.
- Level V: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days.
- A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.
Level IV: Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
- Level III: Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months.
- A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
- Level II: Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year.
A judge CANNOT suspend the minimum sentence. Level I: Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence. Level I and II drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash.
Is North Carolina a dry state for alcohol?
7. North Carolina has a ‘dry county’ – Graham County in western North Carolina is the only county in the state to be “dry,” meaning that the sale of alcohol is illegal there. However, according to Graham’s tourism website, a few resorts in the area went through “a lengthy and expensive process” of getting a special license to sell alcohol.
Does moonshine count as liquor?
What Is Moonshine Exactly? – Moonshine is a catch-all word for illegally made booze. The name comes from the practice of brewing illegal liquor in secret, often at nighttime. While moonshine has a romantic sound, unregulated liquor is usually wildly potent. More descriptive names include rotgut, skull pop, firewater, white lightning and hooch.
Who was the biggest moonshiner in North Carolina?
Popcorn Sutton, North Carolina’s moonshining legend Tim sits down with author and filmmaker Neal Hutcheson to talk about the N.C. moonshining legend known as Popcorn Sutton. Marvin “Popcorn” Sutton was a world-famous moonshiner and North Carolina native whose life, persona, moonshine, and death are things of legend. And believe it or not, most of it just happened within the past 20 years!
On this episode of Tying It Together With Tim Boyum, Tim talks with Neal Hutcheson, an author and filmmaker who just released a new book, “.”In addition to his book, Hutcheson has also produced multiple documentaries on the moonshine legend.So, grab yourself a nice glass of “likker” and take a listen as he takes us behind the scenes of his relationship with one of the state’s most notorious characters of all time. JOIN THE CONVERSATION
Do you have any thoughts or questions for Tim? Weigh in on Twitter with the hashtag #TyingItTogetherNC. Afterward, rate the podcast and leave a review to tell us what you think! ABOUT THIS PODCAST With the speed of the local news cycle, it’s easy to forget that the politicians who represent us and the influencers in our communities are more than just sound bites.
- North Carolina veteran reporter and anchor Tim Boyum is loosening his signature bow tie for candid conversations with power players across the state.
- In “Tying It Together,” Tim uncovers what makes these newsmakers tick, explores fascinating life stories, and helps all of us get a better grasp on the issues affecting our community.
: Popcorn Sutton, North Carolina’s moonshining legend
What state produces the most moonshine?
Moonshine in North Carolina –
Call Family moonshines Moonshine running car Copper Barrel moonshines
The story of North Carolina moonshine is mostly centered around Wilkes County, which was called the moonshine capital of the world by federal revenue officers. Some might debate that title, but you can’t deny that the mountains of North Carolina are steeped in illegal liquor history.
- Some have carried over into the modern age.
- Call Family Distillers is a one such, led by “The Uncatchable” Willie Call.
- In fact, a relative teamed up with Jack Daniel in the 1800s but later sold his stake in the company.
- Nearby Copper Barrel Distillery uses local North Carolina products and bottles their unique moonshine in custom made milk bottles.
Piedmont Distillers Inc was formed in 2005 as the state’s first legal distillery. Their most well-known product is Midnight Moon, produced by Nascar legend Junior Johnson. And in Asheville, Asheville Distilling Company, also known as Troy and Sons, creates their “true American moonshine” with the finest products available.
Can you make moonshine for personal use in South Carolina?
Is It Illegal To Make Moonshine In South Carolina ? Yes, it is legal to own a still in South Carolina, BUT, it is not legal to use it for the purpose of manufacturing alcohol. If you cannot present evidence that the still is being used to produce something other than alcohol, such as distilling water, than it is not legal.