Is home distilling legal in Texas?

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Is home distilling legal in Texas?

Postby dallaswinefan » Wed Jan 12, 2011 8:26 am

I want to try and make my own whiskey. A retail distillery license is $3000. So I called the TABC and asked about a Craft Distiller license and they told me that it's legal to distill spirits at home for my own consumption; I just can't sell them. That's contrary to everything I've read, so I'm asking you Mentors if you know what's up in Texas. Was the nice lady at the TABC correct or ignorant? Thanks in advance!
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Re: Is home distilling legal in Texas?

Postby dallaswinefan » Wed Jan 12, 2011 8:49 am

More info: I called the TTB and they said it's illegal unless you get a federal distillery license, which is impractical for individuals. So I'm getting the impression that it's legal on a state level but prohibited on the federal level. Thoughts?
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Re: Is home distilling legal in Texas?

Postby rad14701 » Wed Jan 12, 2011 8:55 am

Greetings, dallaswinefan...

Welcome to the HD forums... Could you please take a moment to edit your profile to at least state Texas as your major geographic location...??? Everyone in this multi-national forum may not recognize your location based on your handle...

As for home distillation being legal in Texas, that's a good question... On a federal level any form of distillation of alcohol requires licensing... If a state chooses to have its own perspective that does not negate federal law to the best of my knowledge... I would do some serious online research or confer with an attorney before "openly" practicing home distillation...

Good luck...
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Re: Is home distilling legal in Texas?

Postby Bayou-Ruler » Wed Jan 12, 2011 11:32 am

dallaswinefan wrote:More info: I called the TTB and they said it's illegal unless you get a federal distillery license, which is impractical for individuals. So I'm getting the impression that it's legal on a state level but prohibited on the federal level. Thoughts?



It is currently illegal in The United States Of America with out licensing.

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Re: Is home distilling legal in Texas?

Postby DickManhard » Sat Jan 15, 2011 4:21 pm

Our alcohol laws in Florida seem to have not been changed since prohibition, unless, of course, I am reading it wrong. In fact, it appears home brew wine and beer can be grounds for the same asset forfeiture clauses listed in the law. So, given that, a corrupt DA and/or sheriff with a beef against you could take your house and land and/or vehicle for making homebrew wine even without still equipment. It seems the state's rights advocation and assertion of the 10th amendment can be a double-edged sword in certain instances.

http://www.leg.state.fl.us/statutes/ind ... 62.27.html

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

View Entire Chapter
562.27

Seizure and forfeiture.

(1)

It is unlawful for any person to have in her or his possession, custody, or control, or to own, make, construct, or repair, any still, still piping, still apparatus, or still worm, or any piece or part thereof, designed or adapted for the manufacture of an alcoholic beverage, or to have in her or his possession, custody or control any receptacle or container containing any mash, wort, or wash, or other fermented liquids whatever capable of being distilled or manufactured into an alcoholic beverage, unless such possession, custody, control, ownership, manufacture, construction, or repairing be by or for a person authorized by law to manufacture such alcoholic beverage.
(2)

It is unlawful for any person to have in her or his possession, custody, or control any raw materials or substance intended to be used in the distillation or manufacturing of an alcoholic beverage unless the person holds a license from the state authorizing the manufacture of the alcoholic beverage.
(3)

The terms “raw material” or “substance” for the purpose of this chapter shall mean and include, but not be limited to, any of the following: Any grade or type of sugar, syrup, or molasses derived from sugarcane, sugar beets, corn, sorghum, or any other source; starch; potatoes; grain or cornmeal, corn chops, cracked corn, rye chops, middlings, shorts, bran, or any other grain derivative; malt; malt sugar or malt syrup; oak chips, charred or not charred; yeast; cider; honey; fruit; grapes; berries; fruit, grape or berry juices or concentrates; wine; caramel; burnt sugar; gin flavor; Chinese bean cake or Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, ammonium sulphate, or any other yeast food; ethyl acetate or any other ethyl ester; any other material of the character used in the manufacture of distilled spirits or any chemical or other material suitable for promoting or accelerating fermentation; any chemical or material of the character used in the production of distilled spirits by chemical reaction; or any combination of such materials or chemicals.
(4)

Any such raw materials, substance, or any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash, or other fermented liquid and the receptacle or container thereof, and any alcoholic beverage, together with all personal property used to facilitate the manufacture or production of the alcoholic beverage or to facilitate the violation of the alcoholic beverage control laws of this state or the United States, may be seized by the division or by any sheriff or deputy sheriff and shall be forfeited to the state.
(5)

It shall be unlawful for any person to sell or otherwise dispose of raw materials or other substances knowing same are to be used in the distillation or manufacture of an alcoholic beverage unless such person receiving same, by purchase or otherwise, holds a license from the state authorizing the manufacture of such alcoholic beverage.
(6)

Any vehicle, vessel, or aircraft used in the transportation or removal of or for the deposit or concealment of any illicit liquor still or stilling apparatus; any mash, wort, wash, or other fermented liquids capable of being distilled or manufactured into an alcoholic beverage; or any alcoholic beverage commonly known and referred to as “moonshine whiskey” shall be seized and may be forfeited as provided by the Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff, employee of the division, or police officer may seize any of the vehicles, vessels, or conveyances, and the same may be forfeited as provided by law.
(7)

The finding of any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash or other fermented liquids in the dwelling house or place of business, or so near thereto as to lead to the reasonable belief that they are within the possession, custody, or control of the occupants of the dwelling house or place of business, shall be prima facie evidence of a violation of this section by the occupants of the dwelling house or place of business.
(8)

Any person violating any provisions of this section of the law shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.


s. 9, ch. 19301, 1939; CGL 1940 Supp. 4151(271q); s. 4, ch. 22669, 1945; s. 1, ch. 28073, 1953; s. 1, ch. 29804, 1955; s. 2, ch. 61-218; ss. 16, 35, ch. 69-106; s. 569, ch. 71-136; s. 2, ch. 72-230; s. 26, ch. 73-334; s. 6, ch. 74-385; s. 24, ch. 79-11; s. 6, ch. 80-68; s. 865, ch. 97-103.
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Re: Is home distilling legal in Texas?

Postby DickManhard » Sat Jan 15, 2011 4:31 pm

Even more onerous, is the law enacted in the spirit of anti-bootlegging. Considering that the most common case of this nowdays would be the tourists from Florida coming back with a bottle or more of mountain hooch from the Carolinas. A felony, no doubt. Nevermind what you might have on hand in your house even if you are adept at hiding your production methods. House forfeited. Vehicle forfeited. Stolen by the thief who demands his vig.

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

View Entire Chapter
562.451

Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.

(1)

Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2)

Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)

In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured.
History.


s. 9, ch. 22669, 1945; s. 17, ch. 23746, 1947; s. 5, ch. 29964, 1955; s. 1, ch. 59-435; s. 574, ch. 71-136; s. 2, ch. 72-230; s. 869, ch. 97-103.
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Re: Is home distilling legal in Texas?

Postby BUCK-O » Sun Jan 16, 2011 12:29 pm

Ok as I see it one post is about FL law and the other if I am not mistaken is federal law

The question was about Texas
what goes up must be alcohol
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Re: Is home distilling legal in Texas?

Postby heeler » Sun Jan 16, 2011 3:30 pm

The question of legality is simple really. Within all that info it says -- any DISTILLATION EQUIPMENT. You dont distill beer or wine so those are legal to produce and possess. Of course you cant sell it because thats liquid tax evasion. Again if you have a still and all the ingrediants to make mash, well --- common sense. It states --raw materials or substances intended to be used in the distillation of ---- Alot of those materials are not used to make beer or wine. And you dont distill either one. Distillation is the key.
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Re: Is home distilling legal in Texas?

Postby BUCK-O » Sun Jan 16, 2011 4:08 pm

Ok better question

According to Texas state law is it legal to distill your own alcohol like the woman said at the texas alcohol. Control board .

Just Texas law
what goes up must be alcohol
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Re: Is home distilling legal in Texas?

Postby corncooker69 » Fri Jan 21, 2011 10:07 pm

I think if you search through, there have been several discussions on state law being over- ridden by federal laws, regardless if it is legal on a state level, it is still illegal to distill alcohol without license on a federal level.
I by no means know all aspects of the law, state or otherwise nor do I intend to claim to.

But I do know that it is illegal in the U.S.A to distill alcohol without a license.
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Re: Is home distilling legal in Texas?

Postby BUCK-O » Fri Jan 21, 2011 10:13 pm

Still don't answer my question personly I would rather do federal time instead of state time but
Hell I am weird
what goes up must be alcohol
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Re: Is home distilling legal in Texas?

Postby corncooker69 » Sat Jan 22, 2011 4:35 am

Do
It
Silently
Till
It's
Legal
Like.

Thought you might enjoy my new saying, Words to live by in my opinion.
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Re: Is home distilling legal in Texas?

Postby Mud Mechanik » Sat Jan 22, 2011 4:43 am

corncooker69 wrote:Do
It
Silently
Till
It's
Legal
Like.

Thought you might enjoy my new saying, Words to live by in my opinion.


I like that saying, more of us on here should live by it.
Courage is being scared to death and saddling up anyway----John Wayne
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Re: Is home distilling legal in Texas?

Postby toolmaker » Sat Mar 26, 2011 6:37 am

You can get a license to distill ethanol for "fuel", by the Feds.It's free and doesn't take long to get.
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Re: Is home distilling legal in Texas?

Postby rad14701 » Sat Mar 26, 2011 3:31 pm

toolmaker wrote:You can get a license to distill ethanol for "fuel", by the Feds.It's free and doesn't take long to get.

That is true for most states in the US, or at least the license part is true... How easy it is to attain the license and become fully operational at a legal level depends on your exact intended location... It also means you cannot drink one drop of the ethanol produced... And it also grants unannounced searches and inspections at any time... It's by no means guaranteed that you are free and clear to do as you please without fear of oversight... And, last but not least, it also takes the "home" out of the equation as the entire operation must take place in a separate location not attached to a domicile...
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Re: Is home distilling legal in Texas?

Postby toolmaker » Tue Mar 29, 2011 1:39 pm

In reading this post several weeks after it was written,I would like to add something .Anything done illegally at home,of any illegal many can jeopardize more than just breaking the law.I have seen pics and video's of members distilling in a room with gas operated equipment within arms length of a propane burner going full blast and gas cans in close quarters also.In situations like this, if there was a fire your insurance company could contest paying damages to the dwelling place and any human injury that might occur.You could also be prosecuted for injury to another person if they were effected by an accident.If a child were injured it could be a stiffer penalty.You can't be to safe.
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Re: Is home distilling legal in Texas?

Postby Blue82 » Sun Feb 10, 2013 6:21 pm

Sec. 11.01. PERMIT REQUIRED. (a) No person who has not first obtained a permit of the type
required for the privilege exercised may, in a wet area, do any of the following:

(1) manufacture, distill, brew, sell, possess for the purpose of sale, import into this
state, export from this state, transport, distribute, warehouse, or store liquor;
(2) solicit or take orders for liquor; or
(3) for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor

Texas Alcohol Beverage Code. Title 3: Section 11.01

Hope this helps. Here is the link to the entire lawbook on Texas Alochol Beverage Commission
http://www.tabc.state.tx.us/laws/code/8 ... Titles.pdf
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Re: Is home distilling legal in Texas?

Postby RoyseCityRed » Wed Mar 06, 2013 6:40 am

Blue - You missed a subsection on that - "in a dry area" - one quart is the limit for legal possession and you cannot sell a drop. 200 gallons of beer or wine for the first adult and an additional 100 gallons for a spouse, or additional adult.

I read the entire statute early this morning...
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