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Massachusetts Moonshine Laws

mnsldrtc Nov 29, 2014


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Massachusetts or the Commonwealth of Massachusetts is the Forty-fourth largest and the fourteenth most populous state of the United States of America. Interestingly, Massachusetts has been given nine nicknames because of the historical, spatial and religious significance the state has in the country. Agriculture and tourism are two very important sources of economy for the state which take us directly to moonshining. The Massachusetts moonshine laws provide special concessions for farmers who want to brew alcoholic beverages from their farm grown fruits, flowers, herbs, vegetables and cereal grains. Farmers are provided with farmer-distillery, farmer-winery and farmer-distillery permits on request to sell their farm produced beverages, fuel, spirits and essential oils.

1. Is owning a still legal?

Like in all other states of America, moonshine distilling for personal and family use is allowed in Massachusetts, too. So, it is legal to keep a still. The farmers in Massachusetts are given permission in Section 3 Chapter 138 of the general laws of the state legislature for brewing and selling cider on the premises other than their distilleries free of tax if it does not contain more than three per cent of alcohol content by weight at sixty degrees Fahrenheit….but still need a Federal permit.

2. Is it possible to get a “student permit” to distill alcohol as part of a school science assignment?

In each city of the state of Massachusetts, there are three officials assigned by the city council for alcohol and beverage regulation. Although, there are no student permits required to carry out a school project for alcohol distillation, yet school authorities have to consult these officials and attain a permit for the project.

3. What kind of permit do I need to distill ethanol in Massachusetts?

For distilling ethanol in the production of spirituous alcohol, a permit is a must. The license fee for distilling spirituous alcohol is from $6,000 to $10,000 according to Chapter 138 Section 19 of the state laws. There are two steps for obtaining a permit in this regard. First step is the granting of an application for the license by the Local Licensing Authorities and the second step is its approval by the Alcoholic Beverages Control Commission. However, distilling ethanol to produce spirit or fuel for personal use is exempt from the law.

4. Is it legal to distill essential oils and water?

According to the Alcohol and Tobacco Tax and Trade Bureau, distilling essential oils and water for the purpose of producing alcohol is not allowed without a permit by the state authorities. However, it is legal to distill essential oils and water for personal use. It is also legal to sell essential oils produced by distillation. No taxes are applicable if the essential oils are sold on premises and without labels.

For more information on the topics please visit the website of Alcoholic Beverages Control Commission, Massachusetts.

Finally, we are not lawyers, this info is for your entertainment only, so be sure to consult a crafty moonshine laws lawyer before spending any monies on your own distillation plant!

massachussets“Remember, the distillation of ethyl-alcohols is illegal without a permit per federal moonshine laws and is inherently dangerous because of ethanol’s flammability (never operate a homemade still indoors). For more moonshine laws and other moonshine still permit information, visit: http://www.ttb.gov/spirits/faq.shtml" onclick="window.open(this.href);return false;" rel="nofollow.”

Links:

http://www.ttb.gov/spirits/index.shtml" onclick="window.open(this.href);return false;" rel="nofollow - Alcohol and Tobacco Tax and Trade Bureau, Distilled Spirits

moonshinelawsdirectory.com

http://www.state.ma.us/abcc/" onclick="window.open(this.href);return false;" rel="nofollow – Alcoholic Beverages Control Commission
http://www.mass.gov/abcc/locallicensing.htm" onclick="window.open(this.href);return false;" rel="nofollow – Licensing information

but still need a Federal permit.
Straight from #1. Federal trumps state. If you believe otherwise , take your 55gallon still and set it up on the steps of the closest federal courthouse and let us know how you make out.

Did you read that link you provided us with? This is literally the very first sentence in the "home distilling" section...

TBB wrote: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

Home distilling is illegal everywhere inside US territory. Your state/local government can piss and moan all they want about it, meanwhile passing laws that are worth less than the paper they're printed on. It doesn't change anything. Every single last person distilling at home in Massachuetts is breaking the law.

bearriver wrote:Home distilling is illegal everywhere inside US territory. Your state/local government can piss and moan all they want about it, meanwhile passing laws that are worth less than the paper they're printed on. It doesn't change anything. Every single last person distilling at home in Massachuetts is breaking the law.

Not so fast there Bear.
CM stated....
"Like in all other states of America, moonshine distilling for personal and family use is allowed in Massachusetts, too." So I looked it up... PA says the same thing.
"It is legal to own a still in the state of Pennsylvania. According to the Pennsylvania Statute 47, Section 4-492, you can produce your own malt or brewed beverages at your personal still without a permit. However, the production of malt of brewed beverages should not exceed more than 200 gallons per year. This moonshine can be used for personal use, shared with the family, with guests, and at public occasions. But, it is not permitted to put the moonshine for sale without a proper license."
This is very important. The Constitution of the US is SUPPOSED to give final authority to the States OVER the Federal government. Of course this has been steadily eroded since Abraham Lincoln. However if you live in a county with a strong Sheriff, they WILL uphold your rights under your States Laws v the Fed. The Sheriff is THE highest law enforcement Officer in their Counties....Bar none. So I'm going to print Statute 47 section 4-492 out and go see the Sheriff, a good person and a friend, which helps.

you hoping for a sheriff or state police to make a martyr of himself locking horns with a fed hell bent on not setting a precedence and all on your behalf. Might be you end being able to report back on who serves to better food Allanwood or Fayette
Its much the same here state over federal but with the federals doling out the cash well as always who holds the purse is who calls the tune. It seems in most places you do your thing quietly and they cant be bothered with ya, rub it in their face and they are gonna find a bigger pile of shit to rub back in yours, I wouldn't bet wooden pennies its any different there

[quote=1. Is owning a still legal? Like in all other states of America, moonshine distilling for personal and family use is allowed in Massachusetts[/quote]

taken out of context, but in or out of context, "like all other states of America" is not s true statement.

Supremacy Clause.
Case closed.

Monkeyman88 wrote:Supremacy Clause.
Case closed.

+1 Looked this up....you and Crow are right....stay out of sight, low profile.

Deja vu. Don't we have this discussion about twice a year?

Like in all other states of America, moonshine distilling for personal and family use is allowed in Massachusetts, too.

I think this is the key. It has to come from either ignorance or a deep misunderstanding of federal law that many of us learned about as children watching Elliot Ness.

skow69 wrote:Deja vu. Don't we have this discussion about twice a year?

Like in all other states of America, moonshine distilling for personal and family use is allowed in Massachusetts, too.

I think this is the key. It has to come from either ignorance or a deep misunderstanding of federal law that many of us learned about as children watching Elliot Ness.

Watching TAX MEN bustin down doors and cuffin folks for jail dispelled all those Elliot Ness myths for me when I was a young kid .
>Don't Tell ; especially if you are going to sell .
>I'm damned comfortable with the hobby limits set here and doubling that speaks of commercial application to me . I speak from experience rather than speculation .

The author of this thread has been a member now for 4 days and started his day here yesterday referring to us as jackasses and clowns and begging the population here to use our heads.
Fortunately a mod or admin deleted the thread.

woodshed wrote:The author of this thread has been a member now for 4 days and started his day here yesterday referring to us as jackasses and clowns and begging the population here to use our heads.
Fortunately a mod or admin deleted the thread.

I don't look for him to have much longevity here . I refrained from posting to him to keep Tater from strappin my legs again . And Tater is right . You only need so many dogs on the pile before the Mods get there to take a hand .

I refrained from posting to him to keep Tater from strappin my legs again .

Getting soft there old man?

Dog piling is an ugly business and I generally post in a way to discourage it (not always successfully) but my reply here was not especially an attack of the. OP but on the wisdom of members putting themselves in harms way expecting State law to protect them from Federal legislation. As far as shouting down the OP personally you can't smother a dead horse and there is nothing noble about kicking a corpse. Hopefully if the intended legislation goes through this topic will be a non-issue and you guys will need to work on ya individual state laws and county bylaws. Must check in to see how the Aussie effort is coming along