Home Distiller

Guys, In the three years that I've lived in the beautiful mountain state of West Virginia I've had the pleasure of sampling various spirits obtained from some pretty colorful characters. Apple pie 'shine is by far the most favorite in my area.

Anyhooooo, most of them tell me that it's LEGAL to make five gallons per year which is counter to everything I've read on this and other boards. ????????????????

FMH.

Well, don't bet on it ...perhaps there's some county or state laws concerning that, but the feds over-rule it all.
...our confederate brothers mighta been on the right track, eh?

Fiction as far as the federal government is concerned. And if I'm not mistaken one of those states right where your are. It is illegal to sell a still. And illegal to have one in your possession. Even if its for other then alcohol. I can't remember exactly what state it is in that area of the country. But there was an article posted a while back. About someone selling stills on eBay or Craigslist getting busted for just selling the still.

A guy not far from me was busted about a year ago by the sheriff with a warrant. Still and product was taken. Sheriff turned it over to the feds who kicked it back to them which surprised me considering that multiple gallons were confiscated.


FMH.

Never hurts to check your local and federal laws. Just search the TTB website and your local state site to find the answer but it's a safe bet it's illegal in all 50 states so play it safe and keep a low profile. Don't tell, don't sell & don't yell!

Sheriff turned it over to the feds who kicked it back to them which surprised me considering that multiple gallons were confiscated.

What happened then?

Everything seems to have gone away as he hasn't heard anything.

FMH.

Wow, just like that. I guess the powers that be have much bigger problems to deal with these days.

FreeMountainHermit wrote:Everything seems to have gone away as he hasn't heard anything.

FMH.

Recon they had a big time at the Sheriffs Christmas party that year

At the federal level home distillation is illegal in all 50 states... Some states have relaxed their statutes but even so it is still illegal at the federal level... This is no different than the whole medical marijuana fiasco going on in several states...

Whoever it is that got busted had better have learned their lesson because you can bet your ass that now that they are on the radar they are being watched... And I won't feel one bit sorry if they end up with charges from one level of government or another because it's obvious that they were selling...

Don't ever go on someone else's say so, go to the source and know for a fact the law of the land...

rad14701 wrote:At the federal level home distillation is illegal in all 50 states... Some states have relaxed their statutes but even so it is still illegal at the federal level... This is no different than the whole medical marijuana fiasco going on in several states...

Whoever it is that got busted had better have learned their lesson because you can bet your ass that now that they are on the radar they are being watched... And I won't feel one bit sorry if they end up with charges from one level of government or another because it's obvious that they were selling...

Don't ever go on someone else's say so, go to the source and know for a fact the law of the land...

Recon you meant to say State level in that first sentence and not federal?

Bayou-Ruler wrote:

rad14701 wrote:At the federal level home distillation is illegal in all 50 states... Some states have relaxed their statutes but even so it is still illegal at the federal level... This is no different than the whole medical marijuana fiasco going on in several states...

Whoever it is that got busted had better have learned their lesson because you can bet your ass that now that they are on the radar they are being watched... And I won't feel one bit sorry if they end up with charges from one level of government or another because it's obvious that they were selling...

Don't ever go on someone else's say so, go to the source and know for a fact the law of the land...

Recon you meant to say State level in that first sentence and not federal?

No, I was entirely accurate in my statement... At the federal level home distillation is illegal in all 50 states...

It has been my understanding that it is illegal...so says the federal agency...ATF. Rad, what will be interesting is that my state (Washington) is about ready to legalize marijuana(for recreational use). I believe this will happen; we should find out tomorrow. This will put our state on a collision course with the federal government. It will be interesting to see what happens. Many people believe that the Feds will shut down any state run marijuana shop. The federal government could also ignore or change its laws as more states open their eyes to the failure of the war on drugs. This could be a lesson of what might happen when they start to legalize home distillation in particular states. I believe that a state could usurp the intention of the federal law by simply allowing a hobby level distillation license. The feds do allow distilleries to exist, so long as they are licensed.

rad14701 wrote:

Bayou-Ruler wrote:

rad14701 wrote:At the federal level home distillation is illegal in all 50 states... Some states have relaxed their statutes but even so it is still illegal at the federal level... This is no different than the whole medical marijuana fiasco going on in several states...

Whoever it is that got busted had better have learned their lesson because you can bet your ass that now that they are on the radar they are being watched... And I won't feel one bit sorry if they end up with charges from one level of government or another because it's obvious that they were selling...

Don't ever go on someone else's say so, go to the source and know for a fact the law of the land...

Recon you meant to say State level in that first sentence and not federal?

No, I was entirely accurate in my statement... At the federal level home distillation is illegal in all 50 states...

Yeah i recon you right for fuel use, with the stipulation that you have a permit, otherwise it is not legal.

Pyewacket wrote:I believe that a state could usurp the intention of the federal law.

You are backwards here. It is the feds which have already usurp'd the states rights. Plain and simple. The 10th amendment is the only way we ever had a constitution, and now the feds fully ignore it, and since states do not have a voice any more (direct election of senators removed the voice of the states), what the states 'want' means little to the feds any more.

H.

You are backwards here. It is the feds which have already usurp'd the states rights. Plain and simple. The 10th amendment is the only way we ever had a constitution, and now the feds fully ignore it, and since states do not have a voice any more (direct election of senators removed the voice of the states), what the states 'want' means little to the feds any more.

Yep, that is why it is going to very VERY interesting to see what happens when/if Washington, Oregon, or Colorado attempt to legalize marijuana. In the end, if the feds wish to flex their muscle...we could see raid after raid...countless arrests over a friggin weed. But then again, this is business as usual. I feel like I have become a bitter old man, but pursuing these victimless crimes are invasive and futile. Gotta love the nanny state.

Pyewacket wrote:Yep, that is why it is going to very VERY interesting to see what happens when/if Washington, Oregon, or Colorado attempt to legalize marijuana. In the end, if the feds wish to flex their muscle...we could see raid after raid...countless arrests over a friggin weed. But then again, this is business as usual. I feel like I have become a bitter old man, but pursuing these victimless crimes are invasive and futile. Gotta love the nanny state.

You mean exactly like what has been going on in Cali for the past 4 years...once "medical" use was approved the shops started popping up everywhere. They were going up so fast they were not even getting licensing before they opened their doors so the feds would bust the doors down and close them up and they would move across town and open right back up again while they waited for their licensing to go through the local city/county red tape. The money they were making was insane in the beginning & almost everyone was getting "medical cards" for approved use. It was a joke, I personally know several people who went to a "doctor" who would give them a sheet to sign to say they had a specific illness that they may or may not have actually had and BAM card in hand in an hour and they were off to do some shopping.

You mean exactly like what has been going on in Cali for the past 4 years

Yes, and every place they currently have legal use of medical marijuana. Prop I 502 in the state of Washington is going to make it legal (at least in terms of state law) to use the stuff for recreation...anyone older than 21. The state will license stores to sell the stuff, and they will tax the crap out of it. If several MEDICAL marijuana shops can clash with the Feds...imagine this on a grander scale--state says it is legal for everyone over 21--Feds says it is still a federal offense punishable by prison.

They tried a similar prop in Cali but it failed by a 48%/52% vote I think. It even had a provision for growing your own for personal use(25sq ft total garden area per adult over 21). It's going to happen but what happens after that is really going to be the show!

Washington and Colorado approved the recreational use of marijuana, Oregon voted against. We now have two states that are 180 degrees out of phase with the Feds. Now, won't this be interesting!

Where I am it has been decriminalized (not legalized) for a few years now. This means that anything less than an ounce is a $100 fine and that is it. The strange thing is you can even get around the fine because if caught the police can not even ask you for an id and if they ask for your name and address you can lie. The day the law passed my company put out a memo for the workers in my state that basically said if you use it and fail a random drug test (they do 10 here every day) your fired. Our medical marijuana law passed by a wide margin last night so after a few years it may go legal here to. Someday hopefully home alcohol distillation will be legal too.
Maddawgs

These trends are what we need to be watching. These states would be the best place to start our stand. If these laws can pas there. We would have a better chance to get home distilling legalized there. Where my state is one of the worst in the nation for alcohol laws. So there would be no chance to get it passed here.

@PrairePiss, I'm going to take a wild stab in the dark at guessing where that is exactly and ask "How many wives does your neighbor have?" Close?

Husker wrote:

Pyewacket wrote:I believe that a state could usurp the intention of the federal law.

You are backwards here. It is the feds which have already usurp'd the states rights. Plain and simple. The 10th amendment is the only way we ever had a constitution, and now the feds fully ignore it, and since states do not have a voice any more (direct election of senators removed the voice of the states), what the states 'want' means little to the feds any more.

H.

BINGO!!!!!

DavidWatkins wrote:@PrairePiss, I'm going to take a wild stab in the dark at guessing where that is exactly and ask "How many wives does your neighbor have?" Close?

Nope not close. Pretty much right in the center of the US. And Dorothy and Toto are from here.

It's not the worst as far as likker control laws. But until recently we couldn't even buy it on Sunday. We can now but only a for a few hours.

Haha PP, for 5 years I lived in South East Kansas...Independence. Both of my kids were born there. You ain't kidding about how dry that state is. No booze Sunday was the pits. Heck, you felt like a deviant just walking into a liquor store. Now, Dinks BBQ in Bartlesville OK almost made up for it...damn, I miss that place! Well worth the 40minute drive...

i have a home brew supply shop in wv and as i was told by a wv state police after being pulled over on my bike for speeding( right after opening the shop. they were checking me out.) said officer and i were standing on the side of the road discussing the shop and he say's to me " you can make and keep on hand up to 1 gallon of homebrewed whiskey in the state of west virginia" didnt say anything about a limit. as to the speeding ticket, i recieved a warning.he says " i"m in the mood for giving out warnings today"

we offer beer, wine, cheese, bread and whiskey making equipment and ingredients.

mntmn

Where abouts is your store located mtnmn?