Making Whiskey at Home in the USA (West Virginia)
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- Опубліковано 31 бер 2024
- Many states have attempted to legalize home distillation in the US, however, it has never gotten as far as it recently has in West Virginia. Both the House and the Senate have passed Bill 4793, and if signed into law, they will be the second state in the US where it's legal to distill spirits at home. Google will show that states like Alaska, Arizona, Maine, Massachusetts, Michigan, Ohio, and Rhode Island legally allow home distillation, however it is required that you to register your still and provide your federal TTB permit, which is a problem because distilling at the federal level is illegal. Missouri is currently the only state in the US where distilling spirits is legal.
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This needs to pass in EVERY state!!!
If you love America. You got to love moonshine.
As a hobby distiller in MO I am very glad to see another state legalize distilling at home.
They don't or didn't acknowledge Missouri
@@LeroyMastenWho do you mean by "they"? MO was mentioned in the video.
But it’s still illegal federally, so does that not mean that it’s theoretically illegal in Missouri?
(Although it’s practically legal, as you would only get in trouble federally, same situation as Marijuana)
@@BuildingADrink this time look in their past clips
@@LeroyMastenGotcha. They play it safe to protect the company and I get it. I just hope this catches on and other states join in.
I live in NH and have called the liquor board, twice, to confirm the legality of home distillation.
They emphasized that there is NO restriction on home distillation here in this state. But, just because there are no laws against it in this state, that doesn't make it legal at the federal level!
They clearly said, "If you do engage in home distillation, keep it low key and at your own risk to the federal government. We're not responsible!"
While I'm not a constitutional expert, that's one of the things to me that seems like it should be unconstitutional for the federal government to regulate. As long as you're not taking your homemade liquor across state lines, then it should be out of their jurisdiction.
But like I said, those are just my opinions and assumptions based on my general understanding of civics. So, please don't bust down my front door, ATF!
I am glad you emphasized that home distilling is illegal currently in most states. Distilling for yourself is ignored for the most part which is not the same as legal.
The bill was signed by the govenor this past Thursday, so it'll be state legal starting June 7th. I tried to send a link in a previous comment, but I think that may have automatically had my comment deleted. I'm currently in Lewisburg, WV for medical school and will be moving to Charleston, WV in July. I'd love to help out the clawhammer crew however I can, feel free to reach out.
Follow the money if you want to know why the federal government doesn't want to legalize home distillation.
only because you're transforming a product (like beer, wine, or mash) into another product.
New Zealand has two great reasons to live here, we can distill alcohol at home and we use the metric system
Metric system not great reason, and shouldn’t even be part of the conversation
Fortunately, having been all over Un Zud through the years, I can vouch for The Land Of The Wrong White Crowd having a lot, lot more to offer.
@@tsimmons4730 metric system is a great reason. it makes brewing easier without needing a calculator for basic volume calculations. a ml of water weighs a gram. so 1 kg is 1 liter. can use a scale for liquid volume measurements. its awesome.
From my own research, and I'm no lawyer, you can distill in North Dakota but only produce the amounts allowable by Federal law which is 0. LOL So if they ever raise the amount home distillers can produce federally, I guess North Dakota is ready. (And thank you for not making an April Fools Joke!)
Damn... I'm a WV native living in southeast OH. I can grow weed here, or make liquor back in my home state. I can't get away with USING said weed unless I'm off work for awhile and won't have to worry about testing. I tend to drink a little more and more often when I have access to good, cheap liquor, which isn't very good for me. I'm pretty good at both activities. Dilemmas... WV is one of the most beautiful places I've ever been, and I've been to 46 states. I go to Clifftop every year and play in a couple stringbands and absolutely LOVE it there, but I'm close enough here that I can still enjoy it and the taxes and car insurance are much cheaper where I am. I agree, everyone should experience all the GORGEOUS mountain getaways WV offers, they're truly breathtaking.
Thank you!
The final West Virginia law signed by Governor Justice allows only 5 gallons annually for a single household, or 10 gallons for a 2 person household.
of course, if you drink it as you go, they have no way to know how much you have distilled in that calendar year, as long as you have less than the max capacity on hand at any given time. but if there is no stipulation for licensing and random inspections, i see no way they could check to make sure your only making 5 gallons, so knock yourself out. haha
Now legal in Tennessee. I heard it from Charlie Papazian, 3 days ago.
I would love for this to happen. I got property in WV and you best believe I be using it after that. Been making wine for a few years and have a good bit of fun with that.
As a west Virginian who has always wanted to hobby distill... This is pretty exciting
Haa, nice try FBI, I'm not falling for this April Fool's joke.
This is awesome! I hope this passes and more states follow! 🤞🤞
In some states it's illegal to be in possession of a still without a permit.
Hey boss, born and raised west by God Virginian. From what I've been told June 7th is the date the bill will go into effect and you'll be allowed to distill. 🤘🏻
I’m stoked
I live in Missouri and have friends and family that distill and I can tell you that there have been no issues by it being legal. Not that many people do it. Most people just go to the liquor store and buy the booze they want. It is a hobby just like home brewing and should be legal everywhere. Politicians are not known for being the smartest people in the room. That is why when you have a room full of them nothing of any importance usually gets done.
I have distilled ethanol and alcohol in my college lab. Plus perfume makers use and distill scents, using alcohol as a binder.
Since you are in NC any movement getting a bill like that going there??
I have this argument in comment sections all the time.. people swear it's legal if you don't sell it and I tell them it's state legal in MO.. but not federally legal.. and federal law trumps state law so it's technically not legal anywhere in the US without a license..
I get called all kinds of stupid..
Glad WV got on board though.. I doubt the feds will try to mess with a home distiller in a state that says it's legal there.. needs to happen in Mississippi
Random question: if you’re consuming 100 gallons of hard liquor a year basically 2 gallons a week, are you ever gonna be functional enough to produce said quantities of liquor?
Governor signed it into law and goes into effect in June! I just bought my first still 😎
Hell yeah, not to mention that today is the best day to make a video about this. lol
Do you have a video talking about farm distillery license?
I’m on the northern side of the river, but can see WV from my front porch. I would add Huntington to the list of not recommended places to visit in WV.
Completely out of curiosity, why don't you recommend Huntington? (idk anything about WV)
@@larouxn for a medium sized city it has a ton of drug crime. Appalachia has a very bad meth and heroin epidemic. In Huntington it’s very concentrated. It’s just a depressing burnt out river town with very little memory of its former industrial glory.
@@bencrane8505 thanks for the reply! I figured it might be something related to the drug epidemic in Appalachia. Wish we could revive Appalachia/rust belt cities in some way. It's terribly sad to see.
What a great time to be a West Virginia Mountaineer! #eatshitpitt
No joke , Big Jimbo signed the Bill , goes into effect first part of June 2024 . It's 5 gallons per person .
State, County and Local law enforcement won't do anything unless you're selling it , guess it's like States that passed legal marijuana Feds could probably arrest you but don't seem to do anything
We still need to get licensing in Missouri for distilling.
Missouri distillery licenses
Missouri has only a standard distillery license and no micro distillery options. The license costs $450 per year, as well as a tax bond.
There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit.
This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant
For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license.
I see nothing but good things happening for the distilling community if this were to pass.
Point (Point Pleasant) is nice been there many times
Moth-man, is that you?
Would say let’s start a group to get distilling legalized in all 50 states and territories, and the federal level too. Last heard the federal level it missed it by one vote in Congress.
i know ohio had a bill i think 13, or 3 that was looking to promote personal distillation, but as you said, its been at a standstill.
Taxes are the key issue for most governments I believe.
It's certainly illegal in Texas. However I did read a statement from the head of the TABC (our state level ATF, basically) that said they were pursuing retail level distillers. Not home hobby distillers.
Still, even in their statement they said it IS illegal and while they're not on the lookout for someone doing basically chemistry experiments in their garage, if someone rats you out they do still have to take action.
Plus, I did read this like 4-5 years ago, idk who's in charge of the agency now, nor how strictly THEY intend to enforce the laws currently on the books.
the cops are too busy shooting black people to care about you having a hobby stil in the garage. if you start selling your product, or advertising your activity, someone might take notice. but the only other way anyone would find out is if police get called to your home and come in and see it, then it will be one of those add-on charges they like to use to keep you in jail when they realize they were wrong about the original thing they came to get you for.
remember, if the police come to your door, dont let them in even for a friendly visit without a warrant, and keep any contraband hidden when not in actual use. 101 stuff. Not a lawyer, this is not legal advice.
The reasons it won't happen in the U.S. is the liquor lobbyists and the inability to tax it.
It always comes down to money. The Federal Government has no interest in allowing us to make for ourselves that which can be made and heavily taxed to their benefit. Regardless of the fact that only a small handful of people will evert distill their own spirits, they will not willingly give up the small amount of tax revenue those few gallons would have brought in under current law.
Home distillation is not prohibited in Ukraine, but only for personal use. The sale of alcohol is prohibited.
We need Kyle to lobby congress to legalize home distilling federally!!! Seriously, how else am I going to learn how to distil and open my own distillery?
I agree!! Thanks for you service btw man! Enjoyed that vid with you and apartment brewer on the Kveik
you practice in the woods with a home built still, like all the other distillers who got a license and went legit!
@@fakiirification shout out to Tim Smith
As a European I am really suprised It's illegal on the "land of the free".
In the grand scheme of things the law really only defines the penalties for getting caught and convicted. Laws do not change behaviors of people at all.
Hell yeah! Some of the best shine ever got was from an old black man in w.v.
When I was touring a CA small distillery business, I asked, "Did the owner have a liquor license when he was first perfecting his craft prior to opening the business?" The answer was "OF COURSE NOT!"
Youre not required to go through a dealer to purchase a firearm in Missouri. You can buy direct from the manufacturer.
Still have do the standard checks
as an Afterski/Apreski DJ in Europe, ive only sang West Virginia :D (take me home and all that)
The governor signed the bill it goes into effect in June 3rd!
I *think* it is legal under cirtain circumstances to distil in michigan but NOT (repeat *NOT*) for human consumption.
It’s only been a few years since they made it legal to make wine and beer at home in Alabama.
legal weed and legal booze is two of the reasons I moved to Missouri..
Lol
We have good pew pew laws too.
@@afkafk129 ;)
We can't even distill water in Hawaii. Crazy considering all the water born diseases here
100 gallons per year is… a lot of personal use.
In Missouri, home distillation is still a violation of federal law. You just can’t be prosecuted under state law.
So did west Virginia sign into law for home distillation or not? What is the final outcome
it was signed into law, goes into effect in june
@@splift23 good
Welcome to America where you need a permit/ permission to literally Breath.
Home of the free 😂😂 ok sure.
It does seem weird to me that you need a permit to drive and distill (not at the same time, obviously), but you don't need one to own gun.
@@Aleph_Null_Audio Darn that 2nd amendment anyhow... if only the forefathers had included distilling and driving in that pesky paragraph.
@@wtmac02 - Time for another amendment, right?!
@@Aleph_Null_Audio There's like, ten states or so that you do in fact need yet another permit to own a gun, something you have a guaranteed right to do (weather you like it or not, you do). You need a permit to do ANYTHING here.
As a military person subject to federal law, I still can't distill alcohol in any state, even if legalized in that state. Very sad.
what they dont know cant hurt you, so keep it incognito and dont blow yourself up and you should be fine.
i think tickle has been trying to get a bill going in regular virginia, as of this moonshiners season. who know's if its just for show or if it will be a real thing.
People go to AA because alcoholism means the person has lost everything they owned or simply can't manage their lives anymore without help
If West Virginia legalized distilling alcohol, can you still get in trouble with the feds
Yes.
Article six covers this....but the word 'generally' is used. So that means there would be a loophole somewhere.....
@@capOlllllOableOnly if you sell it. You need a distiller's license and tax stamps from the feds for that. This is why the old question is, "What's the difference between moonshine and whiskey? 7 years and a tax stamp."
Politicians, even conservatives, love personal freedom until personal freedom prevents them from getting sweet sweet tax money to pad their paychecks with.
Its legal to distill in my state...of mind. Unfortunatly I'm in Texas and can't afford any of our reps to actually distill anything.
Heres hoping the Governor signs off, it becomes lawful and your business grows. Best of luck.
100%
what a day to put out this viedo
April fools!
its definitely not in Virginia either. we still have to go to the VaABC stores to buy liquor, while Maryland has 24hr drive thru liquor stores.
You can submit for license to distill alcohol in the United States as a business. Or there would be no alcohol distilleries in the United States.....
Where I live I can't even own a still is it illegal to own a steel where I live
I wish they UK would allow home distilling, but i guess they love that sweet Alcohol duty money too much :(
in Australia we can distill if we pay distillation alcohol tax $100 lt
lol
“Distilled water” (wink)
Omg BOOZZZEEE
200 gallons is a lot
shit in MO we can make 200 gallons a year it's always party time here
It is legal in Alaska. AS 04.21.015 allows for the production of alcohol for personal use. The ownership and use of a still isn’t regulated provided it doesn’t conflict with local regulations, and the U.S. code for the amount of alcohol produced (100 gallons per adult in the household). I’m sure it can be argued that the code doesn’t specifically legalize home distilling, but nor does it prohibit it. Unless you are specifically in a dry community, our understanding (law enforcement included) is that home distillation is legal in Alaska.
you cant even own a still in florida or any ingredients that could be involved with distilling spirits without a license
1/2 true: All the same ingredients can be used to brew beer, and brewing beer for personal consumption is legal in FL. So as long as you don't have a still, you can posses most precursors. They may still arrest you, but they need to prove you were "intending to distill liquor". 562.165 for beer and 562.27 for liquor. They are contradictory, so there is def some grey area. Going to depend on the DA, but I brew beer, and I would dare them to try and get me for distilling. I would fight it, I have no copper or other equipment they could use to try and prove I was "distilling".
I suspect the clause: "control any receptacle or container containing any mash, wort, or wash, or other fermented liquids whatever capable of being distilled or manufactured into an alcoholic beverage, unless such possession, custody, control, ownership, manufacture, construction, or repairing be by or for a person authorized by law to manufacture such alcoholic beverage." is likely COMBINED with other factors, and just ADDS to the prosecution and time.
Way to go West Virginia!
This law did pass goes in effect June 7 2024
Yeah, good ole NZ.
Ohio has passed laws that allow home distillation On March 23, 2022, Ohio Senate Bill 102, signed into law by Gov. Mike DeWine, becomes effective. The new law, which modifies certain of Ohio's liquor laws, attempts to address work shortages in Ohio's bar and restaurant industry and clarifies rules for Ohio homebrewers and homebrewing
Show us in that bill exactly where home DISTILLING is legalized.
I really wish this could be spearheaded by the professional distillers, knowing how much of a commercial beer boom came after homebrewing legalization... Unfortunately, it sounds like the distilling pros have just about the opposite mindset, no interest in helping out with legislation and it takes a LOT of money just to get a bill up for vote. It really sucks because the laws around it hardly make sense anymore and only continue because they have no expiration :/
Why would they support it? In their minds, it’s competition, and it cuts into their bottom line.
Same reason brewers, wineries, distilleries, and tobacco companies fight against cannabis legalization: GREED.
In Oregon I can make my own wine, brew my own beer, and grow my own weed, yet distilling a drop of alcohol without licenses and permits is a felony. That's insane.
@340wbymag All those things you mentioned don’t involve explosions blowing your neighbors into oblivion
@@brandonhart1113 I feel certain that you have never touched or operated a still.
@340wbymag and you are correct being that I’m in Florida LOL, just only watch moonshiners but please I’m open to education. Kyle didn’t touch on this topic at all in the video
@@brandonhart1113 The Moonshiner program is at best silly entertainment and does not in any way represent the safety and simplicity of modern distillation equipment. If that is your source of information, I can understand your feelings. For some crazy reason I cannot explain, I have been interested in the evolution of distilling spirits for a long time. It appears that folks have been distilling spirits for at least two thousand years, and perhaps far longer. I am very interested in the early distillation processes, but I am also experienced in the operation of column stills. I spent several years working as an oil refinery operator, and operated distillation towers every day to produce gasoline. I even operated a cryogenic hydrogen distillation system for several years. Modern equipment for distilling spirits is pretty amazing. For me personally, I'd be thrilled if I could legally produce a gallon or two per year in a small pot still to produce George Washington's rye whiskey recipe, but I would absolutely LOVE to have a new column still like they sell. They are really awesome.
"MAKING BAD DECISIONS."
The ATF tracks moonshiners by their sugar purchases.
That's why you pay cash and burn your sugar bags. :)
Just buy in smaller quantities at different locations
@DBM42092 you might be surprised, I know a few guys who buy in bulk and their from west Virginia, I'm also from west Virginia but live across the border in OHIO now
@DBM42092 I'm a coal miner working in west Virginia
How many UA-cam distillers are in Missouri? You don’t see the cops busting down there doors.
Jessie lives in New Zealand.. legal.. George has retired.. and Bearded's "liquor fairies" are camera shy..
Also.. Alan bishop uses liquor ghost.. aka spirit spirits to distill his product.. and still'n old school is a rebel.. but a cool.. old school rebel..
And the law don't fuck with Cool Old school Rebels
@@kevind7617 what about Phillbilly in OH? Amanda Bryant just posted a link about going back to PA to do it. Only way you’re getting in trouble is if you sell it or someone turns you in.
@user-ts7le4hq8b I almost mention phillbilly.. but couldn't think of anything clever.. so maybe he's undercover..wearing a wire
What we do in our own homes is our business not the governments
One of the main reasons I purchased a home in Missouri, so I can retire and leave New Mexico in my rear view mirror!!!! And yes I will be stepping up to a Claw Hammer unit from a brewzilla! Hopefully this will gain traction in other states.
If I am reading it right, no matter what MO or WV do, distilling at home is still illegal at the federal level. Is that correct?
What a stupid law. If you want to make stuff of any kind to use yourself it should not be an issue.
Without making this overly political, I was thinking the same thing. Blue states like WA, where I currently reside, and OR, CA legalize drugs, not just thc, which has been the reason why homelessness and crime have dramatically risen, yet they still ban home distillation. The problem here is the inherent risk involved in home distilling, which is why many red states haven't legalized it. Good for WV for getting things started.
Welcome to Russia, the largest country on the planet, where distillation/moonshining is absolutely legal as long as you do not sell the final product.😉
May be a dumb question, but how is "liquor" being defined? Beer at 3.5% and wine at 12% are both capable of intoxicating a person. And the guidelines you point out seem really similar to the home brew and home wine making laws. Does it specifically say that you are allowed to distill something to a higher percentage?
Another 1-st April joke? I hope not.
Not a joke!
Just make it and don't talk about it. you don't need to move to west viginia
oh wait this isn’t an april fools joke?
Nope!
We just not gonna talk about the dangers of home distilling?
So is driving a car.
Who needs federal government in their life contact your local rep change your state laws
It is the responsibility of free men to disobey unjust law
Just don't go too far, with one dimensional thinking...
@@hxhdfjifzirstc894 yeah, don't be stupid about it. Just be free.
West Virginia is the best. Now get out😀
Can the nice fellas of West Virginia still marry their sisters.....😂😂😂😂😂😂
As if there weren't enough reasons to hate the ATF...