hist-brewing: distillation legality

Jeff Renner nerenner at umich.edu
Sat Dec 4 06:11:36 PST 1999


Whoa, whoa, whoa!  I'm certainly no lawyer, but my reading of posts by
apparently knowledgable folks on HomeBrew Digest over the years has left me
with a distince impression that ANY concentration of alcohol (by
distillation or freezing) without a (federal) licence is illegal under
federal law, which takes precedence over state law.  I would certainly
think that Ohio code refers to beer and wine, not distillate.  I can't
imagine you could make up to 1000 gallons distilled alcohol any any
circumstances unless you were a licensed distillery.  After all, an
individual can make up to only 100 gallons of beer, 200 for a household.
And unless you are licensed, you won't have the privilege of paying taxes
on it - for any distillate or for beer (or wine or cider) over 100/200
gallons.

 Are there any lawyers among us who know for sure?

Jeff


Stephen Bernard <flatlander at gis.net> wrote:

>> Greg:
>> No, this is legal in the US, but is very state dependent.
>>
>> In Ohio for instance:
>> "the manufacture of intoxicating liquor by a citizen of Ohio in his own home
>> for his own consumption, and not for sale, is not prohibited by the Liquor
>> Control Act of Ohio (Gen. Code, Sec. 6064-1 et. seq.).
>>
>> when you cross state lines, the Federal law then takes effect and you may
>> make up to 1000 gallons of distilled alcohol for personal use.
>>
>> Doug
>
>Just DON'T forget to pay your taxes (easier said then done),  your best bet is
>probily to just do it and not tell anybody. note i personaly would never do
>something like that(gotta keep my nose clean)
>
>(your first 100 gal of beer or wine/ year are tax exempt,  no distelled sprits
>(intended for human concumption are tax exempt)
>rev. steve


-=-=-=-=-
Jeff Renner in Ann Arbor, Michigan USA, c/o nerenner at umich.edu
"One never knows, do one?"  Fats Waller, American Musician, 1904-1943. 



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