What Is The Laws On Maklig Moonshine In Louisiana?

1/1/2015 last updated

Louisiana defers state laws to the federal laws, which means it should be legal to own a still if it is not used in the manufacture of moonshine and using a still for distilling water, manufacturing essential oils, etc. should be legal. The manufacture of distilled spirits is illegal.

Louisiana ATC law book Louisiana ATC applications ATC website

I could not find any information about ethanol fuel licenses but there are several producers in Louisiana so licenses seem to be available. §71. Permits required; fees; exception Except as provided in Subsections B and C of this Section, before engaging in the business of manufacturing, supplying, or dealing in alcoholic beverages, all persons shall obtain from the commissioner, according to established rules and regulations, a permit to conduct each separate business and shall pay the commissioner a fee not to exceed the amounts provided for in the following schedule and in accordance with regulations promulgated pursuant to the provisions of the Administrative Procedure Act for each year the permit is valid:

(1)(a) In-state manufacturers – one thousand dollars for each establishment in the state. (b) Out-of-state manufacturers and suppliers who do not maintain an establishment in the state. (i) Manufacturers and suppliers who sell less than one thousand cases of their product in the state – two hundred dollars. (ii) All other out-of-state manufacturers and suppliers – one thousand dollars. (2) Wholesalers – two thousand five hundred dollars for each place of business in the state. (3) Retailers – (a) There shall be three types of Class A retail liquor permits: (i) Class A-General – two hundred dollars for each place of business in any city in the state and one hundred dollars for each place of business in a town, village, or unincorporated place. (ii) Class A-Restaurant – two hundred dollars for each establishment in the state. (iii) Class A-Special – two hundred dollars for each facility in the state.

§71.3. Microdistillery; retail sales for consumption on or off premises

A. Any person who has properly obtained a microdistiller’s permit as provided for in R.S.26:71, shall be authorized to engage in the distilling, making, blending, rectifying, or processing of any alcoholic beverage in Louisiana in a quantity not to exceed twelve thousand gallons during the licensed year. The holder of such permit shall also be authorized to sell the manufactured beverages at retail for consumption on or off the licensed premises, if the holder also has been issued a Retailer Class A permit.B. The provisions of this Section shall not authorize the holder of a microdistiller’s permit to sell the manufactured beverages at wholesale or to any wholesale dealer.C. The microdistiller shall not sell any alcoholic beverages for transportation off the premises to any other licensed alcoholic beverage retail dealer.D. Beverages produced by a microdistiller shall be taxed in the same manner and at the same rate as beverages produced by other manufacturers, as provided by law.E. Notwithstanding the provisions of R.S.26:149, microdistillers may reuse alcoholic beverage containers in connection with distilling and bottling operations.F. Prior to commencing distilling operations, microdistillers shall obtain approval from the state fire marshal.

There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license, I was unable to find any specific laws or fines specific to still ownership, or the manufacture or transportation of moonshine.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Contents

0.1 Can you legally make moonshine in the United States?

1 Can you legally make moonshine in Mississippi?
2 Is moonshine legal in Louisiana?
3 Is moonshine illegal in Alabama?
- 3.1 Chumlee Reacts To Receiving 15 YEAR PRISON SENTENCE
- 3.2 Is it illegal to make moonshine in Tennessee?

Can you legally make moonshine in the United States?

Home Distilling While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)).

Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

5601(a)(1) – Possession of an unregistered still.
5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C.5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
5601(a)(8) – Unlawful production of distilled spirits.
5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.

Under 26 U.S.C.5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C.5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C.5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

Under 26 U.S.C.5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States. In addition, 26 U.S.C.5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited. Under 26 U.S.C.5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person’s interest in the tract of land on which the still is located, shall be forfeited to the United States.

Under 26 U.S.C.5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C.5688.

Under 26 U.S.C.7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution. Under 26 U.S.C.7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States.

In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C.7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property.

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Can you legally make moonshine in Mississippi?

1/1/2015 last updated

While technically it is legal to distill water, Rosin, essential oils (that do not produce ethanol byproducts) owning a still in Mississippi is illegal and carries ridiculous fines and penalties, with the first offense having a minimum sentence of 12 months, and up to 36 months in the state penitentiary.

If it is found that a still could have been or could be used in the production of moonshine chances are you will be found guilty.67-1-10 – Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions It shall be unlawful for any person, firm or corporation to own or control or have in such person’s, firm’s or corporation’s possession any distillery commonly called a still or any integral part thereof.

It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

(a) Where the same is used exclusively for the distillation of rosin products; (b) Where the same is used exclusively for the distillation of water; (c) Where the same is kept and lawfully used in any laboratory; (d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or (e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary not less than five (5), nor more than ten (10) years.

Because of the restrictions of owning a still it is illegal to produce ethanol without a federal license and may not be legal at all in this state. I was unable to find any information specific to licenses to manufacture ethanol fuel. Mississippi only offers 1 type of license for operating a distillery and costs $9,025 per year.

Also Mississippi has many dry counties which may or may not allow a distillery to be run (34 out of 82 total are dry counties). Mississippi ABC licenses There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.

You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

If found in the possession of moonshine or a still not only can the still and spirits be confiscated, but your house/property can be seized or if transporting spirits or equipment your vehicle as well.67-1-10 – Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions It shall be unlawful for any person, firm or corporation to own or control or have in such person’s, firm’s or corporation’s possession any distillery commonly called a still or any integral part thereof.

It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

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MS Code § 67-1-17 (2013) Unlawful possession of alcoholic beverages; seizure and sale It shall be unlawful for any person to have or possess either alcoholic beverages or personal property intended for use in violating the provisions of this chapter, or regulations prescribed under this chapter, or Chapter 31 of Title 97, Mississippi Code of 1972.

(2) The following are subject to forfeiture: (a) All alcoholic beverages which have been manufactured, distilled, distributed, dispensed or acquired in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972; (b) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any alcoholic beverage in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972; (c) All property which is used, or intended for use, as a container for property described in items (a) or (b) of this subsection; (e) All money, deadly weapons, books, records and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972. (3) Property subject to forfeiture may be seized by the alcoholic beverage control division and its agents, local law enforcement officers, Mississippi Highway Patrol officers and other law enforcement personnel charged by Section 67-1-91, with enforcing the provisions of this chapter upon process issued by any appropriate court having jurisdiction over the property.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is moonshine legal in Louisiana?

1/1/2015 last updated

Louisiana ATC law book Louisiana ATC applications ATC website

§71.3. Microdistillery; retail sales for consumption on or off premises

This license only allows you to produce spirits.
You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,
I was unable to find any specific laws or fines specific to still ownership, or the manufacture or transportation of moonshine.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is moonshine illegal in Alabama?

1/1/2015 last updated

Because Alabama has dry and wet counties the laws regarding stills are specific to each county. You will need to look up your specific county to find out if it is a dry or wet county. In Alabama it is legal to own a still for non-spirit making usages such as essential oils or distilling water in wet counties.

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In dry counties ownership of a still for any reason is illegal as is legal production and sale of spirits. Because of this Alabama is listed here based off dry county laws. Section 28-4-24 reads as follows Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary for not less than one year nor longer than five years, such imprisonment to be fixed within these limits by the court.

Section 28-1-1 reads as follows In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law.

Alabama Alcoholic Beverage Control Board Because of the restrictions in dry counties it is illegal to produce fuel even with a federal license. Wet counties that allow stills for non-spirit production should allow production of fuel with a federal license. A county issued license is available and required.

Chumlee Reacts To Receiving 15 YEAR PRISON SENTENCE

Read the REGULATORY REQUIREMENTS for more information. You may also want to read about the TTB alcohol fuel laws, The state of Alabama requires a License Type 200 – Manufacturer’s License with a license fee of $500. There are several licenses you need to request to legally manufacture spirits.

Below are the federal licenses only.
Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits.
You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

Dry Counties: It is illegal to manufacture moonshine or to possess a still regardless of usage in these counties. It seems like even legal distilleries are not even allowed. Wet Counties: It is illegal to manufacture moonshine or to possess a still for the production of spirits.

But because there are no laws specific to owning a still for non-spirit production it is legal to own a still or to use it for other purposes (essential oils, water, etc.).
There are currently no laws that allow for non-commercial production of spirits in Alabama therefore citizens are unable to produce spirits for personal use.

It is illegal to be in possession of moonshine. Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is it illegal to make moonshine in Tennessee?

1/1/2015 last updated

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc. Because it is specific to only alcohol manufacturing it should be legal to own a still as long as it is not use to manufacture alcohol.39-17-707.

(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law. (b) A violation of this section is a Class B misdemeanor.

Tennessee does offer a fuel alcohol license. It does not seem to require a distiller’s license and does not cost anything for fewer than 1,000 gallons. You can manufacture up to 2,500 gallons for a cost of $100. Tennessee application and permit for production of fuel alcohol a Tennessee distillers license costs $1,000 per year and a $300 application fee.

No micro distillery license seems to be available.
Forms can be found here There are several licenses you need to request to legally manufacture spirits.
Below are the federal licenses only.
Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,39-17-707.

39-17-706. Manufacture of alcoholic beverages

(a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes. (b) A violation of this section is a Class A misdemeanor.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can: