Fun fact: the reason a "fifth" exists is because it was just below a cutoff in the tax codes. Anything below a quarter gallon had a lower tax burden making "fifths" more economical for purchasers.            

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What's the difference between brewing your own beer and distilling your own spirits?

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It's not illegal if you pay your tax and get your stamp...

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We cannot do these things, becuase we no longer value liberty in this country, just the politics of war and fear

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I think you are allowed to distill for your personal use. You can't sell it though

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Fun fact: The federal government used to get a good bit of it's revenue from alcohol taxes.  That's why the BATFE's predictors were called revenuers and worked under the department of the treasury: they ensured the government got their revenue.  Thus the prohibition movement pushed for the income tax in order to create an alternate tax source to make prohibition feasible.  However, after the ratification of the 21st amendment neither the income tax nor the alcohol tax statutes were repealed.  Terrible things we still have as a result of prohibition:

Income Tax
National Firearms Act
NASCAR

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you can make  you own wine and beer for home consumption, not shine

But like who's going to catch you?

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Methanol, is why they claim it's illegal now.


In most cases you don't generate enough Methanol to do any harm (assuming you are even using grains). But if you make a 200 gallon batch and drink the heads you WILL go blind and/or die.

But it should be noted that distilling doesn't create Methanol, only separates it. Methanol is created during fermentation and exists even in homebrewed beer. But separating it out and drinking it is what makes it so deadly.

It's really sad they think people are so stupid they have to protect us. It's not like people get in a car and drive 100mph the first time they're behind the wheel. Like anything, you learn the proper way to do it and do it safe and it should be 100% legal.

The sad part is I have 9 years of Chem E education and probably know more about the science of distilling than most distilleries but it still illegal as hell for me to even own the components to distill in Maryland.

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It's not illegal to distill alcohol.  It's illegal to distill it and sell it without giving the government their cut.

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From what I've seen home distilling (illegal though it may be) is becoming much more popular.  I'm sure the "moonshiners" show and all the shitty commercial "moonshine" being sold is much of the cause.  I'd be surprised if we don't see a grass roots movement to amend the law soon.  It absolutely should be legal to distill at home for personal use.

Congress set low excise taxes on only a few goods, such as whiskey, rum, tobacco, snuff and refined sugar. These low excise taxes accounted for only a small percentage of the federal income (see table on U.S. Historical Taxes). Tariffs (custom duties) were initially by far the largest source of federal income. The excise tax on whiskey was so despised by western farmers who had no easy way to transport their bulky grain harvests to market without converting them into alcohol that it led to the Whiskey Rebellion, which had to be quelled by Washington calling up the militia and suppressing the rebellious farmers, all of whom were later pardoned. In the days before steamboats, canals, railroads, etc. bulky cargo could not economically be shipped far. The whiskey excise tax collected so little and was so despised that it was abolished by President Thomas Jefferson in 1802.

In the Napoleonic Wars and the War of 1812 the imports and tariff taxes in the United States plummeted and Congress in 1812 brought back the excise tax on whiskey to partially compensate for the loss of customs/tariff revenue. Within a few years customs duties brought in enough federal income to abolish again nearly all federal taxes except tariffs. When the United States public debt was finally paid off in 1834, President Andrew Jackson abolished the excise taxes and reduced the customs duties (tariffs) in half.

Excise taxes stayed essentially zero until the American Civil War brought a need for much more federal revenue. Excise taxes were reintroduced on a wider range of items and income taxes were introduced.

By about 1916 the loans taken out during the Civil War were all paid off and the excise taxes were again set very low. On January 16, 1919 the 18th Amendment was passed and alcohol production, sale and transport were essentially prohibited. Taxing alcohol products would have produced almost no income, given that alcohol sales and production had gone underground. All federal excise taxes remained essentially zero for the next ten years.

During the Great Depression (1929–1939) President Franklin D. Roosevelt and Congress started reintroducing excise taxes to increase federal income which had dropped because of the much lower incomes and the resulting lower income tax collections. On December 5, 1933 the 21st Amendment was ratified and alcohol production became legal again. The healthy excise tax on now-legal alcoholic beverages paid about one third of all federal taxes during the Great Depression.

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:

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.

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Follow the money. If the Gov can tax it, it's a revenue stream that must not be interrupted. If you bypass the Gov revenue stream you will meet with legislation to prevent it.

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Having the equipment is legal.
Having the ingredients is legal.

As soon as you light the burners you're in federal violation and subject to arrest for MULTIPLE infractions of federal law.

•5601(a)(1) – Possession of an unregistered still.

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You don't need any license or stamp to distill.

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I hope every one understands that these stills are to be used for distilling water.

I use a lot of distilled water when rust bluing guns.

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It's not illegal if you pay your tax and get your stamp...