Legal in Ohio.

Discussion and plans for legalizing our hobby.

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wetbrain
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Legal in Ohio.

Post by wetbrain »

Does anybody know when the state of Ohio legalized stilling? I've been out of the game at least 5 years. I'm pretty sure it was illegal at the state as well as federal level then. I wonder if local PD's can still arrest then turn you over to feds if they really wanted to screw you.

I've failed to find answers on search engines. Can somebody link he to the revised code? Thanx much.
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Re: Legal in Ohio.

Post by GrumpyOldITGuy »

Disclaimer: I am not a lawyer, anything I type below is worth exactly what you're paying for it. :lol:

I've read on a few sites that it's legal in Ohio, but when I dig in I can't find anything that explicitly says so when I look at the actual statutes. I've seen a few references that claim that it would become legal in Ohio if it was legalized at the federal level. This makes me think that the state just leans on the Federal prohibition of distilling. It doesn't look to be explicitly legal like, say, Missouri. I've also read that it's a misdemeanor unless there are certain toxins in the distillate.

This is the closest I could find to useful info: https://www.distillate.org/laws/list

Now, what *is* illegal is to give it away in a brothel! Section 4399.10 states: "No person shall sell, exchange, or give away intoxicating liquor in a brothel." So stay away from that.
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Re: Legal in Ohio.

Post by cob »

wetbrain wrote: Sat Jan 29, 2022 10:00 pm I've failed to find answers on search engines. Can somebody link he to the revised code? Thanx much.
Is your Googlefu broken?? "ohio distilling laws" first entry after the ads. NOT LEGAL.
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CaptMorgan
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Re: Legal in Ohio.

Post by CaptMorgan »

Looks like Ohio might be making some progress to legalize moonshine.

https://www.cleveland.com/news/2023/01/ ... enate.html

Just in case link does not work, here is the article:

Homemade moonshine could be legal in Ohio under bill introduced in Ohio Senate
Updated: Jan. 13, 2023, 4:32 p.m.|Published: Jan. 12, 2023, 12:32 p.m.
Ohio Statehouse on Capitol Square in Columbus
The Ohio Statehouse on Capitol Square in downtown Columbus. An Ohio lawmaker from eastern Ohio has introduced a bill that would allow for the homemade production of liquor. (David Petkiewicz, cleveland.com)David Petkiewicz, cleveland.com

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By Andrew J. Tobias, cleveland.com
COLUMBUS, Ohio – Ohioans could legally produce as much as 200 gallons of homemade moonshine a year without a government permit – as long as they don’t sell it – if a new bill proposed by an eastern Ohio lawmaker were to become law.

On Thursday, the Ohio Senate introduced its first batch of bills of the new legislative session, which began earlier this month. Among them is Senate Bill 13, sponsored by Republican Sen. Frank Hoagland of the Steubenville area.


(UPDATE: 1/13/22) In an email, Hoagland described his general reasoning for the bill succinctly: “If you can make beer or wine, why can’t you make whiskey? Why is one ok and not the other?”

SB13 would legalize the production of homemade liquor, capped at 100 gallons annually per household, as long as someone lives there who’s at least 21 years old. The cap would lift to 200 gallons if at least two people who are 21 or older live there.


Under the bill, people could not sell their moonshine, but they could give it away for free, including serving it on private property. They also could ship it to the homes of their “family, neighbors, co-workers, and friends,” as long as the home is that person’s primary residence and is located in Ohio.


The proposed law is sharply at odds with federal law, under which home production of liquor is strictly forbidden. Americans can make homemade beer or wine for personal use, but making homemade liquor can result in seizures, fines and even jail time, according to the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau.


Most states strictly forbid homemade liquor production, in line with federal law, according to the National Conference of State Legislatures. But in 2014, Missouri legalized home liquor production, with language similar to Hoagland’s proposed bill. The West Virginia House has passed a similar moonshine legalization at least twice, most recently in January 2022, but the measure has stalled in the state Senate. Lawmakers in New Hampshire also proposed a similar bill in 2019, but it didn’t advance.

Hoagland’s office didn’t immediately address the potential conflicts with federal law.

Current Ohio law, which heavily regulates alcohol sales, allows for small-scale production of liquor, although doing so requires getting a state permit.

A 2011 law change loosened restrictions on micro distilleries, leading to an expansion of commercial craft distilleries across the state. The change soon allowed for the Moonshine Festival, an annual event in New Straitsville, Perry County, to sell legal moonshine on-premises for the first time in its 50-year history, according to the Logan Daily News. The festival was named in recognition of the bootleg moonshiners who proliferated during the Great Depression, when many of the region’s coal mines were closed, according to Ohio History Connection.


Hoagland said legalizing moonshine production could lead to even more craft distilleries popping up.

“Those who distill their own whiskey as a hobby will be able to turn those into businesses as well, if they wish,” he said. “In return, creating jobs and opportunities in their local communities without fear of legal persecution.”

All proposed state law changes require approval from both the state House and Senate, before heading to Gov. Mike DeWine’s desk for his signature.
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Deplorable
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Re: Legal in Ohio.

Post by Deplorable »

It'll be interesting to see how far it advances.
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Re: Legal in Ohio.

Post by The Baker »

I expect you will find, as in Australia, federal law overrides state legislation.

Unless they say it's okay, it is still illegal.

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Re: Legal in Ohio.

Post by Deplorable »

The Baker wrote: Sun Jan 15, 2023 7:42 pm I expect you will find, as in Australia, federal law overrides state legislation.

Unless they say it's okay, it is still illegal.

Geoff
While I agree with you, there are other things in the US that are illegal at the federal level, yet fully legal (and taxed) in half of the 50 states and the feds turn a blind eye.
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Tōtōchtin
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Re: Legal in Ohio.

Post by Tōtōchtin »

Marijuana is illegal by federal statutes but the majority of states are collecting taxes on it. I feel if you leave interstate out of it, the feds will stay out of it.
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Re: Legal in Ohio.

Post by Deplorable »

Tōtōchtin wrote: Mon Jan 23, 2023 9:44 am Marijuana is illegal by federal statutes but the majority of states are collecting taxes on it. I feel if you leave interstate out of it, the feds will stay out of it.
This is heading towards a thin line in regards to rules here, tread lightly :wink:
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Tōtōchtin
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Re: Legal in Ohio.

Post by Tōtōchtin »

I do not promote the idea I was just showing an item illegal by the federal law is still being taxed by the State without federal interference.
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elbono
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Re: Legal in Ohio.

Post by elbono »

In the US this amounts to who is going to be knocking on your door, arresting you, prosecuting you and which prison you end up in.

There is a thriving moonshine trade in my area. I make sure I'm a tiny fish swimming among among the whales. As long as I don't piss someone off, I think I'm pretty safe. I still keep my head down, if a friend I share some with offers to pay for it my answer is always "bring the jar back".

Ironically the federal prisons are considered country clubs compared to the local jails. You really don't want to end up in my county's jail!
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Re: Legal in Ohio.

Post by seamusm53 »

Having bought equipment and supplies by credit card with shipping across state lines, I am certain my name is on some list. The fellow from whom I bought enzymes was arrested a few years back. That said, I am otherwise VERY careful not to garner any more legal attention. The feds loosened making wine and beer at home some years ago but did NOT make home distillation legal. It is the feds we all need to avoid.
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Re: Legal in Ohio.

Post by elbono »

It's a mixed bag. There are lots of lists I'm sure I'm on, some good, some bad.

I looked at what it would take to be legal when I started playing in this hobby. The US federal license actually looked pretty easy and cheap. In Tennessee a distilling license costs $3000/yr. There's a $1000 application fee with inspections I'm sure you'll fail so you need another application the first year.

What's crazy is it is a low level misdemeanor in TN, MAX penalty is $1000 and 30 days. Probably wouldn't get the max. So for the people making a living selling illegal liquor you need to get caught 3 times in a year to pay for the license. Got to love our system!
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SteadyStills
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Re: Legal in Ohio.

Post by SteadyStills »

There's gotta be registering of excise for manufacture but in small batch and still staying separate from any contingencies.
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6 Row Joe
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Re: Legal in Ohio.

Post by 6 Row Joe »

Missouri is the only state where it is allowed for personal consumption as far as I have heard.
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Re: Legal in Ohio.

Post by Bolverk »

Az too, but you have to register your still
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rickyaifd
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Re: Legal in Ohio.

Post by rickyaifd »

The home distilling bill in Ohio is Senate Bill 13. It is currently in Senate committee. In short, it would allow, manufacture for personal use, 100 gallons of distilled spirits if there is one person in a residence over 21, two or more people over 21 would be allowed 200 gallons per year. The Ohio legislature website does have a bill tracking system which let's you track status of a bill. For reference, it is S.B. 13
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