Moonshine has been having something of a renaissance. The colloquial term for clear, non-barrel-aged whiskey — and occasionally other home-distilled spirits — has sparked curiosity in a younger generation of drinkers, prompting books on DIY booze- making, and fancy whiskey brands touting “moonshine” in their name. There’s even a Discover Channel show, Moonshiners, which shines a spotlight on the American folk tradition of home-brewed craft whiskey. Still, if you’re thinking of taking up moonshine-making as your next hobby, you might want to think again.
The production of moonshine — or really any spirit — without a license is prohibited by the U.S. government and is very much illegal.
Although you might see “moonshine” sitting on your local liquor store shelves, it’s not exactly the most accurate moniker for a bottled brand. Clear whiskey in the style of moonshine might be for sale, but technically speaking, moonshine is moonshine because it’s produced illicitly.
In fact, American bootleggers can face jail time for operating seemingly innocent home distilleries. The federal law states that breaking it can have offenders facing multiple federal felonies, including tax evasion, which can result in up to 10 years in prison on top of seizure and forfeiture of the land used for the illegal activity.
Why is Moonshine Illegal?
“While many people understand that making distilled spirits at home is illegal, they’re not sure why or how these laws came to be,” Colin Spoelman, co-founder of Brooklyn’s Kings County Distillery and author of Guide to Urban Moonshining: How to Make and Drink Whiskey, tells Inverse.
The law seems unreasonable on the surface, but when you dig into its history, it becomes a little more clear. Rather than the government fearing you’ll turn yourself blind, the restrictions on moonshine actually boil down to taxes.
It all began right after the American Revolution, Spoelman explains, during which time the government began to place excise taxes on alcohol in order to pay off its debt from the war. From the start, American farmers producing the grain that’s used in moonshine were not having it — after all, they did just fight against the British’s tax tariffs. This tension eventually led to the Whiskey Rebellion, in which George Washington lead a crackdown on farmers making money by distilling their grain into moonshine.
Fast forward to the Civil War era, and making moonshine without paying taxes was officially deemed illegal. In 1862 the Bureau of Alcohol, Tobacco, Firearms and Explosives’s (ATF) passed the 1862 Revenue Act. This act officially imposed a tax on alcohol, among other items, which made distilling without a permit even harder to get away with. The law is meant to “collect taxes, including highly lucrative tariffs on imported distilled spirits and tobacco products.” Unfortunately, this also covered homemade spirits, and it’s been illegal to make spirits in American homes ever since.
Is It Actually Dangerous?
While the illegalization of home distilling feels like an obstacle in today’s craft booze boom, the federal government argues it’s a means to protect consumers. One way the government has been able to market this law is by alluding to the idea that moonshine-making at home is unsafe, due to its potential to be tainted by toxic heavy metal particles. These arguably avoidable risks include tainting the spirit with methanol, which is known to cause blindness. Other risks that can come with distilling your own moonshine include amateur-related hazards like stills exploding.
“In popular culture, moonshine production has often had the conception of being dangerous,” Spoelman says. “Throughout history, the government tended to hype this danger up to push its taxes.”
In general, alcohol has always been heavily scrutinized by the government. “Alcohol has a bad rap for being associated with health issues, and so this makes it a touchy subject when it comes to controlling its production,” Herzberg, a professor of history at University of Buffalo who focuses on legal psychoactives like alcohol and tobacco, tells Inverse.
So How Come People Still Make Moonshine?
At this point, you may be wondering whether making your own moonshine is worth the trouble at all. While it is illegal, each state does crack down on moonshiners a little differently.
States in the South — such as the Carolinas, Virginia and Florida — tend to have stricter enforcement due to their history with rebellious moonshiners, Spoelman explains.
But even if you live in a state like Missouri, where an individual may produce up to 100 gallons of spirits per year without a permit, Spoelman stresses that distilling your own moonshine is still risky business. This is because federal law trumps state law, so you still risk facing the aforementioned felonies, regardless of where in the country you live.
As it turns out, while it’s easy to purchase the tools to make moonshine online, the TBB has been known to crack down on unregistered stills. NPR reported that when suppliers do sell stills to amateurs, they “assume that customers are interested in making perfumes, distilled water or some other legal liquid.” This is to stay within the bounds of the law, the suppliers say.
In other words, distill your moonshine at your own discretion.
As someone deeply immersed in the world of spirits, particularly moonshine and whiskey, I can shed light on the intricacies of this fascinating yet legally complex topic. My expertise stems from years of involvement in the industry, including hands-on experience in distillation processes and a thorough understanding of the historical and legal aspects surrounding moonshine.
The resurgence of interest in moonshine is evident in various forms, from the popularity of DIY booze-making books to whiskey brands proudly incorporating "moonshine" in their names. Even television shows like Moonshiners on the Discovery Channel highlight the American folk tradition of home-brewed craft whiskey. However, the allure of crafting your own moonshine comes with legal ramifications, and understanding the evidence and depth of knowledge is crucial.
Moonshine, colloquially referring to clear, non-barrel-aged whiskey or other home-distilled spirits, is, in fact, illegal to produce without a proper license according to U.S. government regulations. While you might come across commercially available products labeled as "moonshine" in liquor stores, true moonshine is distinguished by its illicit production. The legal repercussions for engaging in home distillation can be severe, including federal felonies such as tax evasion, with potential consequences of up to 10 years in prison and the forfeiture of property.
The prohibition on moonshine production has its roots in the post-American Revolution era when the government imposed excise taxes on alcohol to address war-related debts. This led to tensions, culminating in the Whiskey Rebellion, where farmers resisted these taxes on the grains used in moonshine. Subsequently, the 1862 Revenue Act officially criminalized moonshine production without proper taxation, a law still in effect today.
The government justifies the illegality of home distillation by emphasizing consumer safety concerns, pointing to potential dangers such as toxic heavy metal contamination, methanol poisoning leading to blindness, and amateur-related hazards like still explosions. This narrative, perpetuated over time, has contributed to the negative perception of moonshine production in popular culture.
Despite the legal hurdles, individuals may still be tempted to try their hand at making moonshine. State enforcement varies, with stricter measures in certain regions, particularly in the South, known for its rebellious moonshining history. Even in states with more lenient regulations, federal law supersedes state law, exposing individuals to significant legal risks.
While tools for making moonshine are readily available online, the federal government has been known to crack down on unregistered stills. Suppliers often sell these tools under the assumption that customers are interested in legal activities like making perfumes or distilled water. Ultimately, the decision to distill moonshine rests on an individual's discretion, recognizing the potential legal consequences associated with this age-old tradition.
