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March 14, 2023
Last updated

Is Moonshine Illegal?

Owner of Clawhammer Supply

The question is, is making moonshine illegal? The answer to this is somewhat complicated and unless the thought of digging ditches with chains around one's ankles is appealing, potential distillers better read on because in this article we're going to summarize whether or not moonshine is illegal.

The first thing you need to know is that there are federal and state laws that pertain to home distilling. Heck, in some cases there are even local laws. To avoid trouble with the federal, state, and local law enforcement agencies and officials, distillers need to comply with all laws; federal and state laws, as well as any local laws. 

Spoiler alert, depending on where you live, it is generally not legal to make moonshine. So, maybe the best question isn't "is moonshine legal?" Perhaps a better question is, why is moonshine illegal? We'll discuss all this and more below.

When is Home Distilling Legal?

Federal law states that it is legal to own a still of any size. It doesn't matter if an individual has a 1 gallon still or a 100 gallon still. More specifically, it is legal to have a still for decoration, distilling water, distilling essential oils, etc. The still does not need to be registered with anyone and no permits are needed as long as it is being used for the aforementioned purposes.

A common misconception is that only stills 1 gallon and smaller are legal. This is not true. Actual law merely states that stills 1 gallon or less that are not being used to distill alcohol do not need a serial number (see more on this below).

We don’t claim to be lawyers, and our post on the legalities of distilling should NOT be taken as legal advice, however, we've done a lot of digging on this topic and feel that we have a pretty good handle on whether or not possessing a still and making moonshine is illegal.

UPDATE: there has been some debate in the comments regarding which types of stills are allowed according to federal law. Our interpretation is that the federal government does not require registration of stills that are not being used to produce distilled spirits. Here is our reasoning:

First, you must read the section USC Sec. 5179(a), a provision of Internal Revelue code. Pay careful attention to the wording and terminology used, particularly the exceptions made for different distillation use cases as well as the requirements for when a still is actually considered “set up.”

Ҥ5179. Registration of stills
(a) Requirements
Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall register such still or apparatus with the Secretary immediately on its being set up, by subscribing and filing with the Secretary a statement, in writing, setting forth the particular place where such still or distilling apparatus is set up, the kind of still and its capacity, the owner thereof, his place of residence, and the purpose for which said still or distilling apparatus has been or is intended to be used (except that stills or distilling apparatus not used or intended to be used for the distillation, redistillation, or recovery of distilled spirits are not required to be registered under this section).”

Note the exception: “stills or distilling apparatus not used or intended to be used for the distillation, redistillation, or recovery of distilled spirits are not required to be registered under this section.”

Additionally, and somewhat redundantly, a still is not considered “set up” until it meets this definition, as noted in part 29 of title 27 in the US Code of Federal Regulations:

“(b) When still is set up. A still will be regarded as set up and subject to registry when it is in position over a furnace, or connected with a boiler so that heat may be applied, irrespective of whether a condenser is in position.”

Additionally, here is the relevant bit of code that clarifies "offenses," i.e violations of the provision:

26 USC Sec. 5601 classifies the following as “an offense”:

“Any person who has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179(a)”

Our interpretation is that you are technically not required to register a still that is not being used for alcohol production AND even if it is, it does not need to be registered until it is “set up” according to the above mentioned definition.

Is Moonshine Illegal?

Regardless of whether you possess a still that can be legally, according to federal law, operated, be advised it is illegal to distill alcohol without having either a "distilled spirits permit" or a "federal fuel alcohol permit." It does not matter if the alcohol is for personal use only, not for sale, etc. 

Federal Distilled Spirits & Federal Fuel Alcohol Permits

If a person wishes to legally distill alcohol, they have two options. The first option is to obtain a Federal Distilled Spirits Permit. This is the permit that industry giants like Jack Daniels and Makers Mark distilleries possess, which makes it legal for them to distill and distribute to the public. As one might imagine, this permit is very difficult to get.

In short, unless an individual is opening a distillery with the intention of selling their product in liquor stores, don't even bother looking into getting a distilled spirits permit; it's way too expensive and complicated for a home distiller to obtain. Instead pursue a fuel alcohol permit (which we'll describe next).

Option two is a Federal Fuel Alcohol Permit (link below). Be advised that the conditions of the permit only allow a distiller to use the alcohol they produce for fuel purposes, not for consumption.

Federal Fuel Alcohol Permit

Here's the link for the federal fuel alcohol permit: http://www.ttb.gov/forms/f511074.pdf For those that happen to build a copper still kit or purchase a stainless distiller from Clawhammer Supply, they'll write "Clawhammer Supply" in the manufacturer line and their order number for the serial number (e.g. "6601") on a sticker that is supplied with the equipment. List the type as a "pot still." The capacity is the size of boiler (i.e. 1 gallon, 5 gallon, 10 gallon, etc...). This will be the identifying information for the still.

Note, those not planning to use their still for alcohol do not need to get a permit or register the still with the federal government. Federal rules state that stills only need to be reported / registered if the Federal Alcohol and Tobacco Tax and Trade Bureau asks the manufacturer to do so (more on this below). However, for those who are going to use the equipment to distill alcohol, the use your order number (which is also your serial number) on all permit paperwork.

State Distillation Laws

State distilling law is different in every state. Some states have no laws on owning a still, but prohibit the distillation of alcohol (such as Colorado, which charges a small fine if one is caught doing so) while other states prohibit possession of a still unless it's for fuel alcohol (such as North Carolina, which requires a state fuel alcohol permit). Some states may prohibit possession of distillation equipment and distilling altogether. Google state laws to find the rules and regulations in your state. Also, make sure to comply with these rules and regulations.

Still Registration and Reporting

Federal Alcohol and Tobacco Tax and Trade Bureau regulations state that still manufacturers need to keep customer info. Additionally, these records may also be requested by the federal TTB and still manufacturers are required to submit them if asked. 

How to Stay Out of Trouble

Federal law provides no exemptions for the production of distilled spirits for personal or family use. Under no circumstances should an individual ever distill or sell alcohol without a permit. If an individual chooses to distill alcohol, make sure to obtain all applicable fuel or spirit permits (listed above). Additionally, check state laws and make sure that owning and / or operating a still is permissible. Clawhammer distillation equipment is designed for legal uses only. Read our complete legal summary for more information on the legalities of distillation. And make sure to hire a legal professional to help you navigate the permitting process because this information on this website is not intended to be relied upon by anyone as the basis for any action or decision whatsoever.

Click here to read the actual federal laws on the subject of distillation.

Kyle Brown is the owner of Clawhammer Supply, a small scale distillation and brewing equipment company which he founded in 2009. His passion is teaching people about the many uses of distillation equipment as well as how to make beer at home. When he isn't brewing beer or writing about it, you can find him at his local gym or on the running trail.

  • So is this : Grow your own, OR own your groan?

    Posted by Juanno on May 21, 2018
  • Will you ship to Ontario canada?
    Thanks in advance
    Tristan

    Posted by Tristan on May 21, 2018
  • *YOUR LAWNMOWER

    Posted by KEVIN on May 08, 2018
  • if I obtained the fuel alcohol permit, would I still be able to sell the alcohol, provided that I am able to provide a sellers permit to do so?

    Posted by ANdrew on February 19, 2018
  • Same question as other canadians, is there a problem shipping to Canada and are there any repercussions. Have you ever shipped to Canada sucessfully. Thanks

    Posted by Richard on February 03, 2018
  • Why would anyone need “permission” to do anything at all that doesn’t harm another human being?

    What I chose to put into my own body is my Decision. If you don’t have that right, you Are not free.

    The same applies to any substance. The argument that People steal to support their “habit” is irrelevant. There are already laws against stealing. The reason for stealing isn’t relevant. The same goes for a still being dangerous. If you harm another person through your own negligence, you are responsible.

    It’s time for folks to assert their rights of self-ownership. If you don’t own yourself, you are the slave of another.

    Posted by G3Ken on January 10, 2018
  • TRYING TO MAKE MY OWN BEER AND VODKA IN THE SUMMER ESPECIALLY AND BOURBON IN THE COLD MONTHS. THE LIQUOR TAXES ARE AROUND HALF OF THE COST IN THE LIQUOR STORES UP HERE IN PENNSYLVANIA. I’D LIKE TO LIKE SOME GOOD BOURBON UP HERE. THE QUALITY IS NOT THAT IMPORTANT ME.JUST SO I CAN GET AT LEAST 80 PROOF OR MORE AND I HAPPY.

    Posted by Robert WATSON on December 04, 2017
  • america. Home of the brave and land of the free.

    Bulls**T!!

    z

    Posted by Zardiw on November 15, 2017
  • If Jack Danields make LIQUOR IS IT ALL RIGHT TO LET CONGRESS GET DRUNK AND TELL THE REST OF THE COUNTRY IT AGINST THE LAW. EARL LOFTON DRESDEN TN.

    Posted by EARLlofton on November 08, 2017
  • Am wanting to purchase your spice kits but you want ship to North Carolina. It’s not alcohol it’s spices so why can’t you ship to North Carolina. Btw email is lower case letters. Love your site keep up the good work.

    Posted by Steve on October 11, 2017
  • I live in Missouri and is it correct that in the show me state I’m not required to have a permit to distil alcohol up to 200 gallons a year as long as I’m twenty one years of age and I don’t sell any of my moonshine but rather that I keep it in the family?

    Posted by Pjilip on September 17, 2017
  • I’m considering getting a ttb permit for a distilled spirits plant, but I cannot find any information on whether I can use a homemade still for commercial production. Any help? Thanks!

    Posted by Jim on August 08, 2017
  • Your stills are awesome and very easy to put together and fun also, I’ve used the 5 gallon still about 6 times, and by triple distilling I got 180 proof, as I stated I’ve used it about 6 times reason being not because of the still, but faulty wires, my house burnt down lost everything including the still so I will be in the market very soon for another still, so until then…your stills are awesome…

    Posted by Donn on August 03, 2017
  • Do you ship still to Canada?

    Posted by Brad on October 24, 2016
  • I live in Tennessee, Monroe County. I bought one of popcorn Suttons stills and use it at demonstration shows. Do I need some sort of permit or registratin or whatever, to own this still and use it at shows. i do not distill anything.’

    Posted by bill leistner on September 27, 2016
  • Folks, it’s PERFECTLY LEGIT TO MAKE BEER, WINE, AND MEAD IN FLORIDA. it’s a homebrewer-friendly state. You can ferment, you just cannot distill.

    hERE IS THE STAUTE:

    Fla. Stat. §562.165
    (1) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such beer permitted to be produced with respect to any household shall be as follows:
    (a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
    (b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.

    (2) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce wine for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such wine permitted to be produced with respect to any household shall be as follows:
    (a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
    (b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.

    (3) Any personal or family production of beer or wine in excess of the amount permitted in this section or any sale of such alcoholic beverages constitutes a violation of the Beverage Law.

    (4) Wine and beer made under the provisions of this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine or beer used under this subsection shall not be sold or offered for sale.

    Posted by Andrew Jennings on March 01, 2016
  • Hi I live in Canada and was curious about the shipping if you can contact me that would be great, thanks

    Posted by KEvin on January 04, 2016
  • Can a person purchase grain alcohol, then further distill it? The federal tax would have been paid if you purchase the grain alcohol from a legal entity.

    Posted by Chele on December 22, 2015
  • If a person were to be looking for a still in Canada, would you guys be able to sell it to them? Any idea on Canadian laws, etc.?

    Posted by David on November 09, 2015
  • I’m am going to make a legal distillery making moonshine

    Posted by ERic on September 17, 2015


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