Hey, wait a minute. (Home distilling)

So I got this ad and it threw me for a loop.

https://www.homedepot.com/p/BOZTIY-8-Gal-Alcohol-Still-Water-Alcohol-Distiller-30-Liters-DIY-Whiskey-Stainless-Steel-Spirits-Boiler-with-Copper-Tube-K16ZLQSK3-8GAL/320515371

Because I was under the impression that it wasn't really legal. And yup. 

https://www.ttb.gov/distilled-spirits/penalties-for-illegal-distilling#:~:text=TTB%20Glossary-,Home%20Distilling,26%20United%20States%20Code%20(U.S.C.)

So...  Huh?

I guess you gotta get caught?

Maybe it's for "water"?

When I was in high school the bong shops put cigarettes in the holes claiming all the stuff was for smoking cigarettes.  

Distilling spirits is illegal, but having a still isn't.

I'm kinda surprised they put in the add what people would use it for.

Also that's really janky.

The last time I check possesion of Marijuana is against a federal law but where I live it is legal. I have see fields of it being grown. ( cracks me up every time I drive by a field of it !) So maybe in your state you can brew your own whiskey?

In reply to Beer Baron :

That is janky plus you could build a better one out of a beer keg and sanitary tubing for less and it'd be better.  Not that I know anything about that.

People are using those to make their own aromatherapy stuff, extracts and things like that.

Another farmer I know is trying it.

In reply to MyMiatas :

It's illegal for rec use in my state but that doesn't stop me from buying in a legal state and transporting it home hoping I don't get pulled over. I have all the stuff to build a still as well but just don't care for the taste of alcohol 

I'm just surprised Home Depot would get into the kind of game with that and the legalities.

I have no doubt that a much better one could be made rather easily. 

Is distilling liquor illegal if you keep it for yourself? I thought it was the selling without following regulations that got you into trouble. 

Edit; nevermind, I just read your link. Yep, its illegal. 

It's for creating essential oils right?

I looked up PA weed laws.  It's illegal to possess certain quantities, and it's illegal to consume, but it's legal to be high. (as long as you're not doing something like driving or doing surgery)

From what I understand, it's legal to possess and consume any liquor you distill yourself, and it's legal to own the equipment, it's just illegal to do the actual distilling.  I think it's also legal if you can prove that you're not making drinking liquor.  If you're making paint thinner, therapeutic rubbing alcohol, or fuel, it's legal.

Is my meager understanding correct?

In reply to Curtis73 (Forum Supporter) :

Just reading the first line of the ttb law suggests you are not quite correct.  You are allowed to make wine and beer.  But you are not allowed to distill it.

Why does it matter if it's illegal? Don't start selling it, and you will be fine.

Then there's things like weed being federally illegal, but state legal. Wonder if there's some of that going on here.  

Then again, the A of  ATF indicates it might be a bit different?

Owning or having a still is not against the law. If you have a small still you 'register' it with the government and you by a permit for it. A small one gallon still the permit was around $25 or $35 a year. You generally can make around a gallon a week. You make sure the government knows that this is for education and hobbyist related. You must tell the government that you are using the product as a fuel supplement for your non roadworthy farm equipment such as a tractor or lawn mower or weedwhacker or anything that you can buy from the box stores. If you tell them that you are adding this as a fuel supplement to your automobile they will require you to pay a road tax on miles driven on public roadways similar to the federal tax on gasoline and diesel.  As you are using this as an alternate fuel or a supplement to your 'farm' equipment used off public roadways they don't care. As the volume is so low they realize that you won't be in the business of selling the product and will generally have minimal interaction with you. Think phone calls or public or e-mail as opposed to having a few black Suburbans showing up unannounced at your home before dawn.  You also must have this still in a separate, locked building away from your home as in a shed that is not used for anything else. 

YMMV.  This info is from memory and is a few years old.            

Yeah, lots of laws tend to be nearly impossible to enforce.

I would think that if you had a still in your basement and crafted some rum for you and some friends it would be totally under the radar.  I mean, who would know, and even if law enforcement had the knowledge that you were doing it, would they allocate resources to federally prosecute?  Doubtful.

If you were making bathtub gin and selling it to school children?  Yeah.  Hope you look good in orange.

100% legal here in Hungary, but when I lived in Tacoma I operated a reflux legally with a "TTB Fuel Alcohol Permit".  Washington state laws allowed for the storage of home-produced fuel alcohol without denaturing, so I just kept the jars of 90-ish percent stuff in the garage with the still.  Officially it was to be used for "the lawnmower", but since I was the one mowing the lawn...

Out here though, they sell them in grocery stores.  Right around the time all the fruit trees start dropping their goodies.

Curtis73 (Forum Supporter) said:

Yeah, lots of laws tend to be nearly impossible to enforce.

I would think that if you had a still in your basement and crafted some rum for you and some friends it would be totally under the radar.  I mean, who would know, and even if law enforcement had the knowledge that you were doing it, would they allocate resources to federally prosecute?  Doubtful.

If you were making bathtub gin and selling it to school children?  Yeah.  Hope you look good in orange.

If one was going to do it in your home's basement, I would certainly not do it with gas.  Electric burner or heating element only.  

While it's not hard to be careful, you are still dealing with a very flammable liquid and gas.   

The 21st Amendment didn't really repeal the Alcohol Prohibition, just changed the scope of its Federal Regulation.  One more blow to State's Rights.

Twenty-first Amendment to the United States Constitution - Wikipedia

jharry3 said:

The 21st Amendment didn't really repeal the Alcohol Prohibition, just changed the scope of its Federal Regulation.  One more blow to State's Rights.

Twenty-first Amendment to the United States Constitution - Wikipedia

Not to be political, but I read that as  the exact opposite- where article 2 says that it's against the law to transport alcohol across state lines when the state law prohibits it.  It makes it a federal offense to break a state law.  Kind of doubles down on the effect of a state law, thus the state's rights to prohibit alcohol. 

edit- it's also good to remember that this is amendment was passed by each state instead going through congress.  

I don't really get the appeal of home distilling. Certainly not of whiskies.

Alcohol is cheap and will pretty much always be higher quality than what you can produce at home. The real quality comes in the aging and blending process which *really* does not make sense to do at home from either a time or space consideration (tangent about cask sizes and how they impact aging characters).

I can see it making sense like Hungary Bill mentioned where you're effectively using it to turn fruit that would be wasted at harvest into brandy - (tangent about sulfur compounds in grain alcohols vs. fruit alcohols).

It's not like home brewing where it's ready in weeks, and you can create a beer that is uniquely your own.

Beer Baron said:

I don't really get the appeal of home distilling. Certainly not of whiskies.

Alcohol is cheap and will pretty much always be higher quality than what you can produce at home. The real quality comes in the aging and blending process which *really* does not make sense to do at home from either a time or space consideration (tangent about cask sizes and how they impact aging characters).

I can see it making sense like Hungary Bill mentioned where you're effectively using it to turn fruit that would be wasted at harvest into brandy - (tangent about sulfur compounds in grain alcohols vs. fruit alcohols).

It's not like home brewing where it's ready in weeks, and you can create a beer that is uniquely your own.

Back when I was a teenager in the 70's I used to go hunting with some seriously redneck rural guys.   Moonshine was sold in mason jars - totally against federal law but 1/2 of the price of store bought because of the taxes added by state and feds. And it was really quality stuff.  I would bet this is still a thing in the rural parts of Southern States.

  Whiskey distillation has been a point of contention in the US since the late 1700's Whiskey Rebellion - which put a federal tax on distilled products.   Hamilton wanted to kill the leaders but Washington intervened to stop him.  

Huh.  Surprised to see that distilling small quantities for home consumption is illegal.  Should it be?

I've got no problem with prohibiting/regulating the sale of distilled spirits.  But home use?  Not sure I want gubmint's nose up in there.

In reply to jharry3 :

If people are ok with unaged alcohol, distilling at home is fine, although I would also argue that the people who you used to hunt with spend the time learning what they are doing to make such a great product.  

In reply to Beer Baron :

On the other hand, home distilling is good because is has fed the large amount of craft distilleries around the country.  Which is exactly what happened for beer and wine in the last 30 years.

So there is a good outcome from home distilling.