Distilling Laws by State 2024

According to the Alcohol and Tobacco Tax and Trade Bureau, "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))." Therefore, regardless of what a state’s law may permit, an individual may not legally manufacture their own "hard alcohol" at home. Federal law does allow private citizens to own a still to make non-consumable alcoholic products, such as perfume and fuel, as long as they have the correct license. Additionally, the production of beer or wine for personal consumption is permitted, though most states require a license for it to be sold commercially. Despite the federal ban on home distilling of spirits, many states have passed their own laws regarding distilling alcoholic spirits for personal use, which would enter into effect if the federal ban were lifted.

For example, it is legal to distill alcohol in Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island. Iowa has no laws about distilling homemade alcohol, so it isn’t explicitly illegal there.

Because homemade alcohol is typically not eligible for commercial use, it generally must be consumed at the residence where it is produced. Twenty-nine states allow individuals to transport their homemade alcohol products to a contest, such as at a fair, to be judged: Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Carolina, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.

Home Distilling Processes

Individuals seeking to begin distilling alcohol at home must first understand their state’s laws. In most cases, it is advisable to consult with a lawyer who is familiar with how the courts interpret the laws in one's particular state. Distilled spirits are usually regulated more strictly than beer and wine, and laws often contain technical language and references to other regulations. Trying to interpret them on one's own can quickly lead to confusion at best and potential legal liability at worst.

Why Is It Illegal to Distill Hard Alcohol at Home?

There are multiple possible justifications for the federal government's ban on home production of distilled spirits. One oft-cited reason is that the government relied upon the tax revenue generated by commercial sales, and wished to protect that income stream. Another common explanation is that regulation is a matter of safety. The distilling process can be dangerous. Vapors generated by the distilling process can cause a loss of consciousness, blindness, or in extreme cases, death. The vapors are also flammable, and could explode if improperly vented and exposed to a flame or spark. Moreover, homemade spirits are more likely to be made with questionable ingredients or improper techniques, which could have a harmful effect on the person consuming them.