West Virginia Home Distillation

Discussion in 'Homebrewing' started by JrGtr, Mar 24, 2024.

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  1. JrGtr

    JrGtr Pooh-Bah (1,775) Apr 13, 2006 Massachusetts
    Pooh-Bah

    Mods: I wasn't sure whether to put this here or in the beyond beer section. I decided here becuase it deals with making it at home, so... If it doesn't belong, OK to move.


    So I heard this morning on the radio that West Virginia has passed a law legalizing home distillation of spirits. Up to 5 gallons per person, 10 gallons per home with 2 or more adults.


    Per NPR (audio)


    So my question is, being that it's still illegal on a federal level, how does this work? And what is the chances of it becoming legal nationally, similar to home brewing and wine making?

    Edit: in reading a little further, I do see that there are a few other states that do allow stills as well, and some of those that either allow distillation of spirits for home use or are fuzzy on the use. Though obviously not for sale.

    So I suppose my question should be amended to: are these local laws loosening the home distillation a hint that it may become legal nationally, unless states, counties or cities/towns ban it explicitly?
     
    #1 JrGtr, Mar 24, 2024
    Last edited: Mar 24, 2024
  2. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    Well, there's this from the TTB, the Federal agency in charge of alcoholic beveages: Penalties for Illegal Distilling but in reality if you keep within the WV limits, it seems unlikely the Feds would bother to prosecute you for the $13.50 - $27 in excise tax you're avoiding.

    I suppose legally it would be similar to states that legalized cannabis, which I'd guess other BAs might know about.:grin:

    The entire time homebrewing of beer was technically illegal, the BATF claimed they never prosecuted a homebrewer (some states apparently did and in one case a Judge ruled that only selling the homebrew was illegal) but the agency liked the law as it was because it helped them monitor illegal distillers because legally the fermented mash before distillation was "beer".
     
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  3. MrOH

    MrOH Grand Pooh-Bah (3,995) Jul 5, 2010 Virginia
    BA4LYFE Society Pooh-Bah

    From what I understand, a lot of states allow a certain volume of distillation of spirits for use as fuel. I know Maryland does. Whether or not you choose to age your fuel in a barrel or flavor it is up to you.

    But who know what the future holds? State and Federal marijuana laws are very contradictory, so this my be similar. Pretty sure that so long as you don't sell it, you'll probably be ok (I'm not a lawyer).
     
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  4. PapaGoose03

    PapaGoose03 Grand High Pooh-Bah (6,057) May 30, 2005 Michigan
    BA4LYFE Society Pooh-Bah

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  5. memory

    memory Zealot (700) Oct 2, 2005 Pennsylvania

    Personally, I don't have the patience to wait years of aging it.
    I'll leave it to the big boys and buy it when needed.
     
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  6. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    A homebrewing (and home distilling) supply company, Clawhammer's video on the topic :
     
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