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Distilling Legal or not?

Posted By: Finster

Distilling Legal or not? - 07/17/19 10:49 PM

Anyone know for sure? Is distilling small quantities for personal use legal or not? Everything I can find on the subject alludes to the fact that it's illegal in any amount. If you are going to say it's legal, please provide proof in a link that shows the statute. Thanks.
Posted By: Donnersurvivor

Re: Distilling Legal or not? - 07/17/19 10:53 PM

It is illegal is distill alcohol for consumption.

With a free permit you can distill alcohol as fuel though.
Posted By: warrior

Re: Distilling Legal or not? - 07/17/19 11:00 PM

Originally Posted by Donnersurvivor
It is illegal is distill alcohol for consumption.

With a free permit you can distill alcohol as fuel though.


Wouldn't it also be required to be denatured, additives to make it undrinkable?
Posted By: Donnersurvivor

Re: Distilling Legal or not? - 07/17/19 11:30 PM

Originally Posted by warrior
Originally Posted by Donnersurvivor
It is illegal is distill alcohol for consumption.

With a free permit you can distill alcohol as fuel though.


Wouldn't it also be required to be denatured, additives to make it undrinkable?


I do not believe so but I cannot confirm that.
Posted By: BigBob

Re: Distilling Legal or not? - 07/17/19 11:45 PM

As I understand it, you are allowed to make so many gallons of liquor with a Fed permit, and probably State permit, for personal use or sale.
Posted By: Paul Dobbins

Re: Distilling Legal or not? - 07/17/19 11:49 PM

Originally Posted by BigBob
As I understand it, you are allowed to make so many gallons of liquor for personal use under Fed/ State laws.


That's not correct. You can only make a set amount of beer and wine for your own use (200 gallons a year if married and 100 gallons if single). Distilling spirits for consumption is against federal law. Those danged revenuers will getcha.
Posted By: SNIPERB🦝

Re: Distilling Legal or not? - 07/17/19 11:50 PM

Not without federal permits, state law may very.
Posted By: danny clifton

Re: Distilling Legal or not? - 07/17/19 11:53 PM

another law we need to change.
Posted By: Catch22

Re: Distilling Legal or not? - 07/17/19 11:53 PM

Originally Posted by Paul Dobbins
Originally Posted by BigBob
As I understand it, you are allowed to make so many gallons of liquor for personal use under Fed/ State laws.


That's not correct. You can only make a set amount of beer and wine for your own use (200 gallons a year if married and 100 gallons if single). Distilling spirits for consumption is against federal law. Those danged revenuers will getcha.

Yep, they got Gpa once in 29, he got smarter lol. You got the equipment and the know how Finster, just make a still on the DL and you'll be fine. grin
Posted By: DucksandDogs

Re: Distilling Legal or not? - 07/18/19 12:00 AM

Originally Posted by Paul Dobbins
Originally Posted by BigBob
As I understand it, you are allowed to make so many gallons of liquor for personal use under Fed/ State laws.


That's not correct. You can only make a set amount of beer and wine for your own use (200 gallons a year if married and 100 gallons if single). Distilling spirits for consumption is against federal law. Those danged revenuers will getcha.




Amount allowed varies by state for beer and wine. Distilling is illegal. You can, however, distill essential oils so owning the equipment isnít necessarily illegal. Iíd just make sure I could prove I was using it for essential oils.
Posted By: Mike in A-town

Re: Distilling Legal or not? - 07/18/19 12:02 AM

Last time I checked the permit to distill alcohol (for drinking) was outrageously expensive... You would have to sell drugs to come up with the money to legally make whiskey.

Looks to me like it's a way for the big boys to monopolize the market... Ain't no way a small time or hobby/personal distiller could ever afford it.

Mike
Posted By: Paul Dobbins

Re: Distilling Legal or not? - 07/18/19 12:14 AM

DucksandDogs - "Amount allowed varies by state for beer and wine."

Yes, I was referring to the Federal limits. Here's a good article about it - https://culinarylore.com/food-law:how-much-beer-or-wine-can-i-make
Posted By: KeithC

Re: Distilling Legal or not? - 07/18/19 12:29 AM

Is jacking, which many people call freeze distillation, but what is really fractional freezing, legal?

It's a really easy way to bump up the alcohol content.

Keith
Posted By: Finster

Re: Distilling Legal or not? - 07/18/19 12:34 AM

Yup, confirms what I have found out. It's a shame. I wanted a small one just for a bad batch of wine that went bad or old wine that has gone over the edge. It will still make fine brandy. A 5 gallon still would have suited my needs. Well, nothing to get into a twist over. I'm not looking for a vacation at club Fed for a fifth of homemade brandy.
Posted By: Catch22

Re: Distilling Legal or not? - 07/18/19 12:37 AM

I say go for it, don't be a sissy lol. Use some of those onions in your pocket for taste.....
Posted By: KeithC

Re: Distilling Legal or not? - 07/18/19 12:43 AM

I don't know how anyone would find out if you froze your old wine and poured the alcohol off. It might be legal, since it's not technically distillation.

They sell stills on Craigslist here all the time. I doubt any records are kept. wink

People also frequently convert waster distillation units by replacing the heating element with a lower wattage one, usually 360 Watts.

Keith
Posted By: Scuba1

Re: Distilling Legal or not? - 07/18/19 12:46 AM

Just distill at night. Thats why they call it moonshine. Its only illegal if you get caught.
Posted By: Paul Dobbins

Re: Distilling Legal or not? - 07/18/19 12:47 AM

Here's more info, including distilling alcohol for fuel. https://culinarylore.com/food-law:distilling-whiskey-brandy-legal

But Itís Still Legal to Distill Alcohol to Use as Fuel, Right?

Wrong! A lot of people seem to think this is true. They probably have read this in some article written by someone who wants them to buy a still. They say, sure, you can distill it as long as its not for consumption. Just use it in your lawnmower! Read carefully the laws I gave you above. Do you see any loopholes? Do you see anything that says itís EVER legal to operate an unregistered still? No, there is nothing in the law that says you can distill alcohol for fuel. You cannot legally operate an unregistered still, period.
Posted By: danny clifton

Re: Distilling Legal or not? - 07/18/19 10:04 AM

unfortunately congress is to busy passing new laws to start repealing old ones. Sure would be a breath of fresh air to hear a politician say we have to many laws. time to repeal 90% of them. If it stays a crime to steal murder and rape the rest will take care of itself.
Posted By: Diggerman

Re: Distilling Legal or not? - 07/18/19 11:56 AM

Originally Posted by Finster
Yup, confirms what I have found out. It's a shame. I wanted a small one just for a bad batch of wine that went bad or old wine that has gone over the edge. It will still make fine brandy. A 5 gallon still would have suited my needs. Well, nothing to get into a twist over. I'm not looking for a vacation at club Fed for a fifth of homemade brandy.

I have heard but not confirmed that Pa. was a sanctuary state for stills, unless you claim white privilege or have a Confederate flag on your dodge.
Posted By: TreedaBlackdog

Re: Distilling Legal or not? - 07/18/19 12:51 PM

just hire an illegal to distil for you in a sanctuary city blush
Posted By: Pike River

Re: Distilling Legal or not? - 07/18/19 12:59 PM

I'm not sure if its already been said but a law is only as good as its enforced.

Home brewing used to be illegal but people kept on keeping in and now its legal.

I'm sure we all know a few guys that speed and a few guys that distill.
Posted By: BvrRetriever

Re: Distilling Legal or not? - 07/18/19 02:22 PM

Originally Posted by Paul Dobbins
Originally Posted by BigBob
As I understand it, you are allowed to make so many gallons of liquor for personal use under Fed/ State laws.


That's not correct. You can only make a set amount of beer and wine for your own use (200 gallons a year if married and 100 gallons if single). Distilling spirits for consumption is against federal law. Those danged revenuers will getcha.


Hey, at least they recognize the fact that more alcohol makes marriage tolerable!
Posted By: lee steinmeyer

Re: Distilling Legal or not? - 07/18/19 03:50 PM

grin
Posted By: Farmer Jake

Re: Distilling Legal or not? - 08/13/19 11:28 PM

Missouri is the only state Iím aware of you can legally distill up to 100 gallons per household for your own consumption. I happen to live in Missouri and use that law to its extent. Then again it also is a federal offense, but number one rule is never sell, barter or add a value to the product and you should be fine, With that said some states you cant even own a still. If you were thinking about getting a still be careful buying one, most producers are required to keep records for the ATF.

Also bad wine makes worse brandy. Just going off experience
Posted By: upstateNY

Re: Distilling Legal or not? - 08/14/19 12:38 AM

Originally Posted by Paul Dobbins
Originally Posted by BigBob
As I understand it, you are allowed to make so many gallons of liquor for personal use under Fed/ State laws.


That's not correct. You can only make a set amount of beer and wine for your own use (200 gallons a year if married and 100 gallons if single). Distilling spirits for consumption is against federal law. Those danged revenuers will getcha.

At least they realize that if your married,,you need to drink a lot more. laugh
Posted By: Machias

Re: Distilling Legal or not? - 08/14/19 01:48 AM

These guys have hired a lobbyist, they were very close to legalizing it last year through their efforts. I have donated a few dollars to the effort. I think this is a route that could eventually make home distilling legal.

https://hobbydistillersassociation.org/legalization.html
Posted By: harleydparts

Re: Distilling Legal or not? - 08/14/19 02:05 AM

Paul, I am not sure but I do believe that distilling 'white lightning ' is legal up to a certain 'personal use' amount is legal. Same as beer & wine.
Posted By: la4wd54

Re: Distilling Legal or not? - 08/14/19 02:15 AM

It is NOT legal in any state to distill spirits for consumption without federal permits and licenses, which are insanely high and very rigid. Lobbyists are working on this and making progress. Hopefully soon it will .
Posted By: Machias

Re: Distilling Legal or not? - 08/14/19 02:29 AM

Originally Posted by harleydparts
Paul, I am not sure but I do believe that distilling 'white lightning ' is legal up to a certain 'personal use' amount is legal. Same as beer & wine.


Nope, not even for personal consumption and not in any amount.
Posted By: Rat Masterson

Re: Distilling Legal or not? - 08/14/19 02:31 AM

Selling pot is illegal also, and that goes on in many states right on main street. Talk about a double standard.
Posted By: Foxpaw

Re: Distilling Legal or not? - 08/14/19 02:37 AM

Missouri

This is 4 yrs old. It tells some about licenses. I think it says for fed for fuel only you still need a license. The part that sticks out is the max fine if you was to not have your P's and Q's in order is $50,000.

I couldn't get any of the links within the page to work. Maybe there is a newer page somewhere?

My firefox wouldn't open the link a few post above, either.
Posted By: Paul Dobbins

Re: Distilling Legal or not? - 08/14/19 02:38 AM

Originally Posted by harleydparts
Paul, I am not sure but I do believe that distilling 'white lightning ' is legal up to a certain 'personal use' amount is legal. Same as beer & wine.


Read 26 U.S.C. 5601 & 5602

https://www.law.cornell.edu/uscode/text/26/5601
Posted By: SleekOtter

Re: Distilling Legal or not? - 08/14/19 03:00 AM

If you don't go advertising it on the internet and just do it, less chance anybody will be any the wiser. I really doubt anybody would care about the taxes they're missing from 5gal of home brew.
Posted By: Foxpaw

Re: Distilling Legal or not? - 08/14/19 03:12 AM

Originally Posted by SleekOtter
If you don't go advertising it on the internet and just do it, less chance anybody will be any the wiser. I really doubt anybody would care about the taxes they're missing from 5gal of home brew.


Those days of nobody caring may be over. Old guy last week heard rain was coming and hooked onto trailer and thought maybe his lights weren't working on the trailer. Its only two miles to town to get a few sheets of tin and its a low trailer and in day time, what could happen? $360.00 is all that happened, of course that's Illinois and boy we need those fines!
Posted By: danny clifton

Re: Distilling Legal or not? - 08/14/19 09:10 AM

Home made beer and wine is expensive. Be tough to sell it at a profit. Beer takes 3-4 weeks to be drinkable and wine several months.

"whiskey" made from white sugar, water and yeast is another story. Less than a week per batch and even if using 20 lb bottles of propane for a heat source its still cheap to make, and easy to sell. I believe that's why the feds are worried about loss of revenue. It has the potential to be significant
Posted By: BullOx

Re: Distilling Legal or not? - 08/14/19 01:50 PM

My understanding is itís legal to make beer wine and mead for personal use, but liquor in any amount is illegal
Posted By: DucksandDogs

Re: Distilling Legal or not? - 08/15/19 02:41 PM

Originally Posted by Farmer Jake
Missouri is the only state Iím aware of you can legally distill up to 100 gallons per household for your own consumption. I happen to live in Missouri and use that law to its extent. Then again it also is a federal offense, but number one rule is never sell, barter or add a value to the product and you should be fine, With that said some states you cant even own a still. If you were thinking about getting a still be careful buying one, most producers are required to keep records for the ATF.

Also bad wine makes worse brandy. Just going off experience




I would ask the mods to delete this. This is illegal and an admission of guilt. Distilling alcohol isnít legal anywhere in the country without the proper permits, which are prohibitively expensive.
Posted By: countrygun

Re: Distilling Legal or not? - 08/16/19 01:47 AM

Meh.... Missouri is well noted for defying federal authority. One of the reasons I am considering moving there. Their idea of the powers of government are much more in line with the constitution than most states.
Posted By: countrygun

Re: Distilling Legal or not? - 08/16/19 01:50 AM

There is no law against drinking fuel (federal or state)........just so you know.
Just keep it in a jerry can behind the bar. LOL
Posted By: DucksandDogs

Re: Distilling Legal or not? - 08/16/19 07:56 AM

Originally Posted by countrygun
There is no law against drinking fuel (federal or state)........just so you know.
Just keep it in a jerry can behind the bar. LOL



Thereís also no law agains drinking essential oils but I donít think Iíd jump on here and announce I was making them... Essential oil of corn is a good one, though!
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