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Is it still illegal to distill your own whiskey?

41,067 Views | 61 Replies | Last: 7 yr ago by John1248
SpiDer2008
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Beer is ok brewing but I want my own whiskey.
GarryowenAg
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I've been curious about this as well.

BTW still enjoying your gig? Haven't seen too much from you on the FB
Cancelled
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It's not illegal, you just need a federal permit.

And don't go blind.
wadd96
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From 2014...

http://www.npr.org/sections/thesalt/2014/01/21/264573592/making-moonshine-at-home-is-on-the-rise-but-its-still-illegal
All the God's, all the Heavens, all the Hells are within you.
EskimoJoe
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Ask around for a guy named John Lee Pettimore. He should know and might share some tips and tricks. Last I knew he drove a big black dodge but only come to town about twice a year.
SpiDer2008
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I quit Facebook lol. Yep still punching holes in the sky and loving it! How's the hoowah treating ya?
BrazosDog02
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It's illegal. But like smokong pot and fixing your Glock to be fully automatic, just keep your pie hole closed and you'll be alright.

Liquor has some health risk as noted but you can fix that with some reading, a good thermometer, and a mostly functional brain.

Start your ethanol project today. Your know....for your lawnmower and car...it's green living at it's best. Plus it's educational..
LRHF
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Fishin Texas Aggie 05
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Hmmm

From what I understand there is no legal way to distill your own whiskey. But with the advent of ethanol can you you make your own fuel?

If so if you mixed some fuel and Dr Pepper would it be ok
mAgnoliAg
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FSGuide
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queso1 said:

It's not illegal, you just need a federal permit.

And don't go blind.

My mom has been telling me I will go blind for decades now. Still not blind.
redass1876
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No illegal to make it. Just a limit on the quantity and can't sell it
G. hirsutum Ag
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Buy an empty charred oak cask and fill it up with grain alcohol
fido00
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I always thought it was legal to distill, just couldn't sell it with out the tax stamp
Tx-Ag2010
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I believe you can make a limited quantity for "fuel" but not for human consumption.
DeWrecking Crew
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I haven't looked into this in years, but it used to be that the head of a household could legally make "x" number of gallons per year for personal consumption, it was illegal to sell it...I don't remember what the amount was but for whatever reason 25 gallons is what is coming to mind
Texas 1836
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Why the heck would it be illegal for personal consumption??

Good grief our liberty is going down the drain.
DatTallArchitect
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I believe some of you are confusing the laws on making home brew with making liquor. I'm pretty sure it has been illegal to make liquor without a license for many decades. Beer on the other hand has been legal to make in limited quantities, but not sale
Stasco
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Similar to the way home rewing used to be, there is a lot of equipment out there for sale that comes with very detailed instructions on what NOT to do, because you would get liquor, and that would be illegal, wink wink.

It's getting pretty common these days. If you're not advertising and selling it, you'll be fine.
jamaggie06
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If youre trying to make good whiskey doesnt that require aging? Most of the whiskeys I enjoyed were aged ten years at least (or at least thats what the maker claims). Just curious.
DeWrecking Crew
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Quote:

To answer the question, is moonshine legal in Texas, The Texas state moonshine laws and the federal laws say that one can produce ethanol fuel by way of distillation after obtaining the legal permit from TABC. The federal law also requires the producers to obtain the permit for producing alcohol fuel. Bottom line: moonshining is legal only with Federal and state permits. Also, moonshining is not legal in dry cities or dry counties.
... moonshinelawsdirectory.com
Rongagin71
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I've heard that Texas state jails offer a course on how to make alcohol that does NOT leave you blind.
CSTXAg92
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BrazosDog02 said:

.... and fixing your Glock to be fully automatic...
What have you heard about how someone might go about something of this nature BrazoDog?
CanyonAg77
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Decades ago, I was involved in a farm co-op considering production of ethanol fuel. We went pretty far into the process, but it fizzled. One of the things the ATF agent emphasized was that we were required to add a denaturing liquid to the ethanol.

He was not amused when one of the old guys suggested we use Coca-Cola.

The other thing I recall was at that time, even owning a still without a permit was illegal. The link below says that is not presently the case. So the joke circulating was that the old hillbilly was being arrested for owning a still. He argued that it was just for decoration, and that he wasn't actually making 'shine.
ATF agent: "Doesn't matter, you possess all the equipment."
HB: "Well, then go ahead and arrest me for rape, too."
ATF: "Did you rape someone?
HB: "No, but I possess all the equipment."

A quick Google says distilling drinking alcohol is illegal, but get a permit for fuel alcohol and keep your mouth shut.

https://www.clawhammersupply.com/blogs/moonshine-still-blog/7155304-is-making-moonshine-legal
trip
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My dad is a lawyer focused on Federal cases that grew up in backwoods Tennessee. According to him, it is illegal to make moonshine and sell it. It is not illegal to make it for you own consumption and gifts(no financial gain). It is call moonshine when you sell it.

Of course, he could be telling me this because he indulges in a couple of his friends gifts or he thinks he could win that case.
Jefe07
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redass1876 said:

No illegal to make it. Just a limit on the quantity and can't sell it
This is not true. Not only do you have to have permits to do it at all, but they are very difficult to acquire at your residence.
TX AG 88
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Quote:

No illegal to make it. Just a limit on the quantity and can't sell it


This is irresponsibly inaccurate, and as soon as I saw the thread title, i came in to dispel it (knew it would be here.)

Unless you are a licensed distillery, it is illegal to distill ONE DROP of vodka, whiskey, or any other ethanol for consumption. One drop.

You CAN get a license/permit to distill ethanol for fuel. However, to remain legal every drop must be used for fuel, and I believe logs must be maintained to account for it.

You can brew beer and make wine for personal consumption. Distilling alcohol is a different ballgame altogether under our laws.
powerbelly
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Damn revenue agents.
'03ag
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TexasRebel
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Absolutely illegal to distill without a permit.

The Ag Dept. at Oklahoma State went through the process to get permits to distill for fuel to do research. It was a mess for a university to try to get brand new, custom built facilities into compliance. They are pretty strict on security and access.

Plus you open yourself up for inspections.
Finn Maccumhail
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I don't know the legalities first-hand but I do have a friend who will tell you it's illegal. He's into home-brewing beer and decided to make his own moonshine. As I recall he went through the brewing supply shop which also sells "water distilling" kids so you can make your own distilled water and with almost no tweaks allows you to distill shine too.

Anyway, he had made a few batches (I think he said he had about 100 quart-sized jars) and one day received a visit from both local law enforcement and a federal officer of some sort- this was in Tampa, FL. Evidently they had been checking up on the records of the shop where my friend purchased his still and they were checking up on people.

As I recall the story (we were well into some very good rum at the time) the officers weren't real friendly but they didn't have a warrant so they couldn't search the house and the still at that time was inactive and actually boxed up in the garage. My friend also had almost all of his moonshine stored in his father's boathouse so before the officers got a warrant he trashed the still, went to his dads and poured out the bottles into Hillsborough Bay.

And this is a dude who is a history teacher and coach at the Jesuit high school in Tampa who has a trust fund and lives in a very pricey part of Tampa and his father lives on Davis Island which is the oldest of the old money in Tampa.
AggieChemist
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Corn's great if you wanna be broke
If you wanna make money
You gotta grow smoke

BlackGoldAg2011
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In a direct quote from a friend of mine in the FBI, "The ATF are a bunch of buzz-kills"

Straight from TTB's website:
Quote:

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)). Producing distilled spirits at any place other than a TTB-qualified distilled spirits plant can expose you to Federal charges for serious offenses and lead to consequences including, but not necessarily limited to, the following:
[ol]
  • 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.
  • [/ol]
    https://www.ttb.gov/spirits/home-distilling.shtml
    DifferenceMaker Ag
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    TX AG 88 said:

    Quote:

    No illegal to make it. Just a limit on the quantity and can't sell it


    This is irresponsibly inaccurate, and as soon as I saw the thread title, i came in to dispel it (knew it would be here.)

    Unless you are a licensed distillery, it is illegal to distill ONE DROP of vodka, whiskey, or any other ethanol for consumption. One drop.

    You CAN get a license/permit to distill ethanol for fuel. However, to remain legal every drop must be used for fuel, and I believe logs must be maintained to account for it.

    You can brew beer and make wine for personal consumption. Distilling alcohol is a different ballgame altogether under our laws.
    And even homebrew beer cannot be greater than 18% abv.
    Cancelled
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    AG
    All this...and if y'all just would have read the first response.

    Edit...sorry the second response
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