[…] You can find more information about the legal status of distillation in your state here. […] While moonshine making wasn`t a new thing, it was certainly a popular pastime in early America, especially in grain-producing states. The reason for this is that early settlers quickly discovered that their grain was worth much more in the moonlight than what was sold for fodder or food. The above options should only be considered if you want to use your distillery to make spirits or ethanol. It should be legal to distill for personal consumption in the United States. This would allow the spirits industry to thrive as well as the beer and wine industries. 53-1 100. Violations; General penalty. Any person (1) who manufactures, imports for distribution as a wholesaler, or distributes or sells liquor spirits anywhere in the state without first obtaining a valid license under the Nebraska Liquor Control Act, (2) makes false statements or otherwise violates any provision of the law by obtaining a license under the law; (3) who, after obtaining a licence under the Act, contravenes a provision of the Act relating to the production, possession, distribution or sale of liquor liquor or the maintenance of licensed premises, or (4) contravenes any other provision of the Act for which no other penalty is provided; be guilty of a Class IV offence for a first offence and a Class II offence for a second or subsequent offence. Every day that a person who breaks the law as a manufacturer, wholesaler or retailer is doing business is a separate offence. In any prosecution where a person is charged with a criminal offence arising from failure to obtain a valid licence in accordance with subsection (1) of this section, evidence that the defendant failed to produce such a licence on application shall be considered prima facie evidence that the person did not obtain a licence from the Board.
The distillery`s new license is part of the 72-page Senate Bill 1397, signed last week by Gov. Jan Brewer. The law, which goes into effect on July 24, makes dozens of changes to state alcohol regulations, a handful of which affect consumers. §§ 30-107. Arrest and seizure without warrant. Elimination of illegal alcohol. Any official so authorized under article 54-1(f) may, without a warrant, arrest any person found illegally producing or selling liquor by committing an offence and seize spirits, containers and apparatus intended for manufacture or sale in his possession and keep them in a safe place. Any property seized under this article may be considered harassment by the competent judge or court in respect of the arrested person and may be destroyed or otherwise disposed of in the manner provided for in article 54-33g.
12-8-102. Manufacture, repair or sell without a licence or authorization; Punish. (a) Every person who manufactures or corrects an alcoholic beverage without holding a manufacturer`s licence, or who owns a distillery without holding a manufacturer`s licence, is guilty of an offence liable to a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding one (1) year, or both. All devices that are illegally held and used will be confiscated by the state and disposed of according to the instructions of the court. This subsection does not prohibit anyone from producing fermented beverages or malted beverages in limited quantities for personal consumption only. 179:1 possession. – No person shall possess, transport, procure, provide or give away any beverage or spirit unless it was sold under this title or lawfully purchased outside the State and except as otherwise provided in this title. Several other countries in the world, such as the Netherlands, turn a blind eye to distillation at home if no profit motive is detected. California: In California, you must register your distillery by contacting the California Department of Alcoholic Beverage Control. State laws in California are a bit muddy, while you can still be confiscated even if there is no moonlight. This seems to be the case with stills that are not registered with the state.
But just because it`s legal to own a distillery doesn`t mean it`s legal to distill spirits in your home. In fact, it is illegal to use your distillery to distill alcohol without first having a “distilled spirits permit” or a “federal liquor fuel permit.” It doesn`t matter if the spirits you make are for personal use only and not for sale. Title 16: Intoxicating Spirit Drinks § 281-3 Illegal production, importation or sale of spirits. It is illegal for any person who does not hold a valid licence to produce or sell spirit drinks unless otherwise provided in this Chapter; provided that the head of the family may produce, for family use and not for sale, a quantity of wine not exceeding two hundred gallons per year and a quantity of beer not exceeding one hundred gallons per year. In 1997, Russia reduced the penalty for moonshine production from a criminal offense to an offense. Since 2002, it is no longer even considered an administrative offence. Colorado: In Colorado, there are no laws prohibiting the possession of a distillery. However, the production, transportation or sale of moonlight is illegal without proper permits. § 67-1-10 – Penalties for possession, control or possession of illegal distilleries or parts of illegal distilleries; Exceptions It is illegal for any person, company or entity to own, control, possess or be an integral part of a distillery, commonly known as a still. It is not illegal to possess or possess a distillery in the following circumstances: (a) if it is used exclusively for the distillation of rosin products; (b) it is used exclusively for the distillation of water; (c) they are stored in a laboratory and used legally; (d) to dispose of them in accordance with the law if they are in the possession of an officer of the law; or (e) the person or entity can prove that it is in its possession for extradition to a law enforcement officer to be disposed of in accordance with the law.
Every person guilty of a violation of this section is guilty of a felony and shall be incarcerated in a state prison for a first offense of not less than one (1) year and not more than three (3) years, and for a second offense he or she shall be incarcerated for at least five (5) years in a state prison. not more than ten (10) years. First of all, size doesn`t matter. At least as far as stills are concerned. It is often assumed that stills below a certain size are legal, but larger stills are not. This is simply not true. The government is more concerned about how you plan to use your distillery. Distillation in Alabama is illegal, even though it was legal nationwide. The term “moonshine” is used to refer to different types of alcohol.
Historically, moonlight meant liquor made and distilled at home. The term “bathtub gin” referred to the moonshine brewed at home when alcohol was illegal in the United States during the prohibition era. Moonlight is usually made from a type of corn porridge.