Where is Moonshine Legal? – Even though there is a federal law against moonshine, there are several states that still allow it. it. In Alaska, Arizona, Massachusetts, and Missouri, you can produce moonshine for personal consumption only. Arizona requires a permit to produce your own moonshine.
Massachusetts mandates that moonshine is consumed on your own property only. Any transporting will be seen as an attempt to sell, which will result in steep fines. Missouri puts a 200 gallon per year on the amount of moonshine that can be produced. North Dakota has an interesting law regarding the production and consumption of moonshine.
State law makes it legal to produce personal-use moonshine with one limitation; people can only produce up to the federally allowed number of gallons. Since the federal law bans moonshine production, this means people could produce zero gallons.
Contents
Is it illegal to make moonshine in Louisiana?
State Overview state laws The manufacture of distilled spirits is illegal.
Can you make moonshine in Mississippi for personal use?
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:
(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.
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 it legal to make moonshine in Tennessee for personal use?
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.
(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.
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:
Is it illegal to make moonshine in Florida?
Is it Legal to Make Moonshine in Florida? Is it legal to make moonshine in Florida? Oh, you betcha it’s legal. Here’s the catch though it is not legal to make moonshine at home or without a distillery license. That is where Yalaha Bootlegging Co. comes into the picture.
- Yalaha Bootlegging Co.
- Is an authorized craft distiller in Lake County Florida.And that, my friends, is how we bring you moonshine!Each bottle and barrel of moonshine from Yalaha Bootlegging Co.
- Is personally crafted by the hands of the McCormack family, who own and operate Yalaha Bootlegging Co.
- Moonshine from Yalaha Bootlegging Co.
is extra special because it is fermented with organic blueberries from Blue Bayou Farms. Southern Pecan Moonshine is the second most popular product from Yalaha Bootlegging Co. followed by Blueberry Brandy. We hope that you in Yalaha, Fl very soon. Moonshine tastings are always available.
If you visit Thursday – Sunday there is a good chance you’ll meet our friend Eddie with Eddie’s BBQ. Eddie has some of the best BBQ in Lake County and sells out early and often, so make sure you visit early! Every Saturday from 11:30 am until 2 pm you can listen to live music from our friend and Nashville star, Carl Adcox.
: Is it Legal to Make Moonshine in Florida?
Can you make moonshine in Texas?
In Summary – Texas makes moonshining illegal within its state and can be punishable by serious violations and criminal charges. The term generally means that it is the illegal distillation of liquor, and with more impurities present in the drink, it is also a concern of public safety risk.
Aside from that, the illegal production of alcoholic beverages also results in felony charges against the 1862 Revenue Act. Recently, moonshining has become a minor problem even in Northeast Texas, where it started. Owning distillation stills is perfectly legal as long as there is a TABC permit, or else it could be a misdemeanor punishable by law.
References:
- https://abcnews.go.com/US/story
- https://www.ncsl.org/research/financial-services-and-commerce/home-manufacture-of-alcohol-state-statutes.asp
Lydia Martin hails from Redmond, Washington, where you’ll find some of the best cocktail bars and distilleries that offer a great mix of local drinks. She used to work as a bar manager in Paris and is a self-taught mixologist whose passion for crafting unique cocktails led her to create Liquor Laboratory. Lydia can whip up a mean Margarita in seconds! Contact at or learn more about us here,
Is it illegal to make moonshine in Montana?
1/1/2015 last updated
Owning a still is legal in the state of Montana as long as it is not used to manufacture moonshine. Montana even allows the manufacture of non-consumable ethanol which means not only can you use a still for distilling water, essential oils, etc. But you also will not need a license from the state to manufacture ethanol fuel though you still need a federal license.
- Montana liquor control You can legally manufacture ethanol fuel for personal use in the state of Montana.
- To sell this fuel you need to apply for a license as well as pay a yearly fee and setup a bond.
- Montana does offer a distillery license for $600 per year.
- They also recently added the ability to operate micro distilleries in the state.
Montana liquor 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,
- It is illegal to own or transport moonshine in the state of Montana 6-6-301.
Transfer, sale, and possession of alcoholic beverages – when unlawful. (1) Except as provided by this code, a person or the person’s agents or employees may not:
(a) expose or keep an alcoholic beverage for sale; (b) directly or indirectly or upon any pretense or upon any device, sell or offer to sell an alcoholic beverage; or (c) in consideration of the purchase or transfer of any property or for any other consideration or at the time of the transfer of any property, give to any other person an alcoholic beverage. (2) A person may not have or keep any alcoholic beverage that has not been purchased within the state of Montana.
16-6-302. Sale of alcoholic beverage without license – sale or importation in violation of code – penalty.
(1) For the purposes of this section “person” means an individual, partnership, corporation, company, firm, society, association, joint-stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a state or agency of a state. (2) A person who has not been issued a license under this code who sells or keeps for sale in Montana any alcoholic beverage commits a criminal offense and upon conviction is punishable by a fine not to exceed $5,000 or by imprisonment in the state prison for not less than 1 or more than 5 years or by both the fine and imprisonment. (3) A person in the business of selling alcoholic beverages in another state or country who imports or distributes alcoholic beverages in violation of this code commits a civil offense. (4) A person convicted under subsection (3): (a) for a first offense, must be mailed a certified letter by the department ordering that person to cease and desist any shipments of alcoholic beverages to any person in Montana; (b) for a second offense, shall be fined a civil penalty not to exceed $5,000; (c) for a third offense, shall be fined a civil penalty not to exceed $10,000; and (d) for a fourth or subsequent offense, shall be fined a civil penalty not to exceed $50,000.
Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:
Can you make moonshine in Ohio?
Penalty for Possession of an Illegal Still? – Under Ohio law, the illegal manufacture of moonshine is a first-degree misdemeanor, unless certain toxins are found in the product. If poisons are detected, it could raise the penalty to a fourth-degree felony.
Is it illegal to make moonshine in Wisconsin?
1/1/2015 last updated
Wisconsin seems to allow ownership and use of a still for producing distilled water, essential oils, etc. All laws reference stills being illegal to manufacture distilled spirits only. Distilling alcohol You may not sell, manufacture, rectify, brew, or engage in any other activity relating to alcohol beverages without holding the appropriate license, permit or authorization.
125.06 3 3The making of homemade wine or fermented malt beverages.125.06(3)(a)(a) The making of homemade wine or fermented malt beverages, and the possession, transportation, or storage of homemade wine or fermented malt beverages, by any person if all of the following apply:
I was unable to find any information on fuel alcohol for this state. Wisconsin does offer a distillery license, 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,
Distilling alcohol You may not sell, manufacture, rectify, brew, or engage in any other activity relating to alcohol beverages without holding the appropriate license, permit or authorization.125.04 General licensing requirements 125.04(1) (1) License or permit; when required.
No person may sell, manufacture, rectify, brew or engage in any other activity for which this chapter provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under this chapter. 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 Oklahoma?
1/1/2015 last updated
Oklahoma residents can own a still and use it to distill water, essential oils, etc. but cannot manufacture moonshine for personal use or sale. I was unable to find any information on fuel alcohol for the state of Oklahoma. Oklahoma offers a distillers license for $1,000 per year and $905 fee.
Distillery license 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,37-505. Manufacture, sale, possession, shipment, etc.
- Prohibited except as provided in act – Exceptions – Penalties.A.
- No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport, or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act.37-538.
- Penalties.A.
Any person who shall operate a whiskey still with intent to produce alcoholic beverages or any person who shall carry on the business of a distiller without having in his possession a valid and existing distiller’s license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be guilty of a felony and upon conviction be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both such fine and imprisonment.37-539.
- Search warrant – Seizure and destruction – Forfeiture and sale.A.
- A search warrant may be issued pursuant to the provisions of Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as amended, for the purpose of searching for, seizing, destroying or holding any alcoholic beverages possessed, sold, transported, manufactured, kept, or stored in violation of the Oklahoma Alcoholic Beverage Control Act; for the purpose of searching for and seizing any apparatus, vehicle, equipment, or instrumentality used for, or intended for use in, manufacturing or transporting any alcoholic beverage in violation of the Oklahoma Alcoholic Beverage Control Act; and all such property shall be forfeited to the State of Oklahoma.
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 Florida?
Is it Legal to Make Moonshine in Florida? Is it legal to make moonshine in Florida? Oh, you betcha it’s legal. Here’s the catch though it is not legal to make moonshine at home or without a distillery license. That is where Yalaha Bootlegging Co. comes into the picture.
Yalaha Bootlegging Co. is an authorized craft distiller in Lake County Florida.And that, my friends, is how we bring you moonshine!Each bottle and barrel of moonshine from Yalaha Bootlegging Co. is personally crafted by the hands of the McCormack family, who own and operate Yalaha Bootlegging Co. Moonshine from Yalaha Bootlegging Co.
is extra special because it is fermented with organic blueberries from Blue Bayou Farms. Southern Pecan Moonshine is the second most popular product from Yalaha Bootlegging Co. followed by Blueberry Brandy. We hope that you in Yalaha, Fl very soon. Moonshine tastings are always available.
If you visit Thursday – Sunday there is a good chance you’ll meet our friend Eddie with Eddie’s BBQ. Eddie has some of the best BBQ in Lake County and sells out early and often, so make sure you visit early! Every Saturday from 11:30 am until 2 pm you can listen to live music from our friend and Nashville star, Carl Adcox.
: Is it Legal to Make Moonshine in Florida?