Distilled Spirits

[SNC]

The real irony in your links, is that the most severe penalties, have to do with depriving the government of their due "tax revenue". It's pretty pathetic, that there's a total lack of concern for public or even private health or safety. They don't care if you blow up your house, or kill your kids, as long as they get their money.

By this logic, you could make your own crystal meth, as long as the government could tax it.

If you only read the links then yes, but if you follow the entire text there are requirements for distillation buildings that are not occupied except for the sole purpose of distilling, requirements on how to deliver the liquid from one place to another, both inside the distillery and outside for transport to aging and bottling.
I'm not sure if your being intentionally obtuse just for giggles or you actually believe what you typed.

 

[vi edit]

https://kybourbon.com/bourbon_culture-2/key_bourbon_facts/

A couple interesting tidbits. Distillers are taxed for every year bourbon sits in a barrel. State of Kentucky earned almost 18 million in ad valorem taxes.
Almost 60% of bourbon cost is taxes.

 

[zinfamous]

It isn't illegal to distill your own spirits, as long as you stick to max allowed per year. I think for spirits, it's something like 4 or 5 gallons? Unless it has changed over the years, The feds have always allowed (Well, except for those years) for maximum annual volumes for brewing, distilling, and wine-making for personal use. Of course, it can't be commercial. Any amount becomes illegal if you start selling it without a license.

 

[SNC]

It isn't illegal to distill your own spirits, as long as you stick to max allowed per year. I think for spirits, it's something like 4 or 5 gallons? Unless it has changed over the years, The feds have always allowed (Well, except for those years) for maximum annual volumes for brewing, distilling, and wine-making for personal use. Of course, it can't be commercial. Any amount becomes illegal if you start selling it without a license.

It has never been legal to distill for consumption. You can brew beer or make wine up to 200 gallons a year in a two adult household.

 

[DigDog]

Distillation is "dangerous" because people sell/gift the distillate and those who drink it go blind.

Frying a turkey is mostly only dangerous to yourself.


Im sure the law has a way to allow distillates, but it's probably not cost-effective for a home grower.

 

[vi edit]

It has never been legal to distill for consumption. You can brew beer or make wine up to 200 gallons a year in a two adult household.

Wow. That's over 2100 bottles of beer. Enough for over 3 bottles of beer per person, every single day of the year. Interesting.

 

[SNC]

Wow. That's over 2100 bottles of beer. Enough for over 3 bottles of beer per person, every single day of the year. Interesting.

It's a LOT or mead! I haven't cracked the 100 gallon/year yet but I can see how it would be pretty easy to do.

 

[vi edit]

Yeah with home brewing you can easily up the ante on the alcohol % and crank out some stuff pushing 8%-12%. Just takes more raw materials to feed the yeasties.

 

[SNC]

Yeah with home brewing you can easily up the ante on the alcohol % and crank out some stuff pushing 8%-12%. Just takes more raw materials to feed the yeasties.

Most of my stuff is in the 14-18% range, any more than that and it's hard to drink more then a bottle or two.

 

[Viper1j]

If you only read the links then yes, but if you follow the entire text there are requirements for distillation buildings that are not occupied except for the sole purpose of distilling, requirements on how to deliver the liquid from one place to another, both inside the distillery and outside for transport to aging and bottling.
I'm not sure if your being intentionally obtuse just for giggles or you actually believe what you typed.

What I read was..

https://www.ttb.gov/spirits/home-distilling.shtml

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

THAT'S A LOTTA TAX!

 

[zinfamous]

It has never been legal to distill for consumption. You can brew beer or make wine up to 200 gallons a year in a two adult household.

hmm, back when I was brewing (~200 or so), I recall reading that spirits were OK, but in a very small annual volume. I'll have to look that up...

 

[SNC]

What I read was..

https://www.ttb.gov/spirits/home-distilling.shtml

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

THAT'S A LOTTA TAX!

So intentionally obtuse, I get it now.

 

[SNC]

hmm, back when I was brewing (~200 or so), I recall reading that spirits were OK, but in a very small annual volume. I'll have to look that up...

You are permitted to do so for nonconsumption usage or for use as a fuel. For as long as I've been brewing its been no-go for consumption.

 

[zinfamous]

You are permitted to do so for nonconsumption usage or for use as a fuel. For as long as I've been brewing its been no-go for consumption.

So when Johnny Law busts down my door and discovers my bathtub gin operation, I just tell him it's for bathing--an en vogue European anti-aging spa treatment!

 

[Viper1j]

So intentionally obtuse, I get it now.

Get whatever you want. Not once is a public safety hazard mentioned.

 

[Thebobo]

Reason its illegal in many places $$ that is all. Safety issues are bullshit its all about taxes. And that's what worries be about legal weed when its gets big and the big boys start saying you can't grow it well we get what we ask for....

 

[Viper1j]

Reason its illegal in many places $$ that is all. Safety issues are bullshit its all about taxes. And that's what worries be about legal weed when its gets big and the big boys start saying you can't grow it well we get what we ask for....

Nobody ever blew up anything growing weed.

 

[zzyzxroad]

Wrong! Distillation is illegal no matter how you get there. If you want to argue that its not distillation but concentration, that to is illegal.
This is why it should remain illegal, there are to many people that have no idea how or what but act like they do.

https://www.ttb.gov/spirits/home-distilling.shtml
https://www.ttb.gov/rulings/94-3.htm
Seriously guys its not that hard to look up.

I stand corrected. Thanks for the info. I had not researched this topic in years and should have done a little googling before posting.

 

[zzyzxroad]

No one ever had a house explode, from making homemade blueberry wine.

If you are running a still inside you are doing it wrong.

 

[SMOGZINN]

The dangers of distillation are highly overblown. It is really no more dangerous than grilling. You are working with fire and flammable gasses. Use some common sense.

As for going blind or other urban myths about the bad moonshine. As long as what you put in the still is safe to drink, what you get out of the still is safe to drink. Yes, you can concentrate some of the fusel oils that are produced during the fermentation, but it us unlikely to do anything but make it smell and taste bad, and in a modern reflux still almost all of them to be cut easily from the feints. If you fail to do so, and there are enough in the batch to hurt you, the batch is going to taste and smell so bad you won't drink it anyway.

The governments interest in prohibiting distillation is completely in the tax revenue which used to be a critically important revenue stream for the federal government.

 

[OutHouse]

I enjoy cooking (especially grilling), brewing beer and starting to get into wine making. I’d love to distill my own spirits but given current US law that would be illegal. My question is should these laws be changed?

Yes the idiotic liquor laws should be changed.

 

[OutHouse]

As for going blind or other urban myths about the bad moonshine. As long as what you put in the still is safe to drink,

Um no. The heads have methanol and will fuck you up.

 

[zzyzxroad]

Um no. The heads have methanol and will fuck you up.

Technically isn't the methanol in the foreshots?

 

[OutHouse]

Technically isn't the methanol in the foreshots?

heads, foreshots. same thing.

 

[OutHouse]

It isn't illegal to distill your own spirits, as long as you stick to max allowed per year. I think for spirits, it's something like 4 or 5 gallons?

not legal even for own use. as long as you don't do stupid shit to get on the cops radar like making hundreds or thousands of gallons and bootlegging it. nobody is going to bother you.

(ive been known to make a batch here and there)