Home distilling including making whiskey is definitely illegal and there are several reasons why not the least of which is taxes. Each state has its own legislation about at home distillation.
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Some states like missouri allow citizens over age 21 to distill alcohol at home without any permits or licenses at all and other states like florida do not even allow citizens to own distilling equipment unless they have obtained the proper state permit.
Is home distilling legal. As of 2020 home distilling is still illegal in most countries around the world. 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. In 1996 new zealand was the first country to make moonshining for personal consumption a legal activity.
It is however legal to make essential oils distilled water and with proper permits fuel alcohol. In the us it was illegal to start distilling at home but now it is completely legal and most of the people are using the whiskey still moonshine still and also for other alcohol types. Much like home brewing proved a gateway for future microbrewers into their craft a lot of the main proponents of the growing artisanal distilling movement cut their teeth on small batch home distilling however illicit.
But not prohibitively so per se. But there is a group of like minded people fighting for home distilling to be legalized. In the united states under federal prohibition era law it is illegal to manufacture spirits at home for personal consumption.
Because despite its growing popularity home distilling is illegal. In 1997 russia changed its laws to make home distilling a misdemeanor instead of a criminal offense.
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