The short answer is yes, it is illegal to make moonshine in 2024 without the proper federal and state permits. Moonshine, which refers to homemade or illicitly distilled alcohol, has a long history in the U.S., but modern laws strictly regulate its production. The production of distilled spirits, including moonshine, is governed by federal law under the Alcohol and Tobacco Tax and Trade Bureau (TTB), as well as state laws that vary across the country. Without the necessary permits and adherence to regulatory standards, making moonshine is considered illegal and can result in significant legal penalties.

What Is Moonshine?

Moonshine is traditionally defined as homemade distilled alcohol that is often produced without government authorization. Historically, the term “moonshine” originated from the practice of making alcohol “by the light of the moon,” to avoid detection by law enforcement. Today, moonshine refers more broadly to any unregulated or illegal alcohol produced in secret, typically without government oversight or tax payments.

Moonshine vs. Legal Distilled Spirits

It’s important to differentiate between illegal moonshine and legal distilled spirits. In 2024, legal distillers must comply with strict regulations and obtain the proper federal and state permits to produce and sell alcohol. Moonshine, by contrast, is produced without these permits, which is what makes it illegal. Some commercial distillers use the term “moonshine” as a marketing label for legal, clear, unaged whiskey, but this product is fully regulated and taxed.

Federal Laws on Making Moonshine

The federal government strictly regulates the production of distilled spirits through the Alcohol and Tobacco Tax and Trade Bureau (TTB), a division of the U.S. Department of the Treasury. Producing distilled alcohol, including moonshine, without complying with federal laws is considered illegal and carries significant penalties.

1. The Federal Distilled Spirits Permit

To legally produce distilled spirits in the U.S., including moonshine, you must obtain a Federal Distilled Spirits Permit from the TTB. This permit is required regardless of whether the alcohol is for personal or commercial use. The application process is extensive, requiring background checks, inspections, and adherence to regulations regarding health, safety, and taxation.

• Taxation: One of the main reasons moonshine production is illegal without a permit is tax evasion. The federal government imposes an excise tax on distilled spirits, and producing alcohol without paying this tax is considered a serious offense.
• Health and Safety Regulations: Legal distilleries are subject to strict safety standards to prevent contamination, explosions, and other hazards associated with distillation. Homemade moonshine, which lacks regulation, poses significant risks to public health.

2. Federal Penalties for Illegal Distilling

Producing moonshine without a federal permit is a violation of federal law and can result in severe penalties. Under the Internal Revenue Code (IRC) Section 5602, individuals caught making moonshine without a permit can face:

• Fines: Up to $10,000 per violation.
• Prison time: Up to 5 years in federal prison.
• Seizure of Property: Equipment used in illegal distilling, as well as the moonshine itself, can be seized by federal authorities.

State Laws on Moonshine Production

In addition to federal laws, state laws also regulate the production of distilled spirits, and these laws vary widely. In many states, it is illegal to produce any amount of distilled alcohol for personal use, while others allow small-scale home distilling with the proper permits.

1. States Where Moonshine Is Strictly Prohibited

In most states, producing moonshine is outright illegal without a proper state-issued permit. States like Georgia, Tennessee, and Kentucky—which have historical connections to moonshining—are particularly strict about enforcing these laws. Penalties at the state level can include:

• Fines and Penalties: Fines range from a few hundred to several thousand dollars, depending on the state.
• Jail Time: Some states impose jail sentences for individuals caught producing moonshine without a permit.
• Loss of Property: States may confiscate equipment and property used to produce moonshine illegally.

2. States with Home Distilling Exceptions

A few states allow limited home distilling of alcohol for personal consumption, though these laws often apply to homebrewing beer or making wine, not hard liquor. States such as California and New York have lenient laws for homebrewing beer and wine but still prohibit the distillation of spirits like moonshine without a proper permit.

• Homebrewing vs. Distilling: While homebrewing beer and wine is legal in many states, the distillation of alcohol is much more heavily regulated. Even in states that permit homebrewing, distilling spirits like moonshine remains illegal without the necessary state and federal licenses.

Why Is Moonshine Illegal?

The illegal status of moonshine production stems from several concerns, including public health, safety, and government taxation. While distilling alcohol might seem like a harmless hobby, it poses significant risks when done outside the bounds of regulation.

1. Health Risks

Illegally distilled moonshine often lacks the quality controls that legal distilleries must follow. Contaminants, such as methanol, can make moonshine dangerous to consume, leading to health risks like blindness or even death. Methanol is a byproduct of the distillation process that can be present in improperly made moonshine.

• Toxicity: Proper distillation requires careful monitoring to separate methanol from ethanol. In homemade stills, this step is often missed or ignored, leading to batches of moonshine that are toxic.
• Contaminated Equipment: Homemade distillation equipment may not meet sanitary standards, leading to further contamination.

2. Safety Concerns

Moonshine is traditionally produced using homemade stills, which can be dangerous if not built or operated correctly. Distilling alcohol is a process that involves highly flammable vapors, and explosions or fires can easily occur in an unregulated setting.

• Explosions: The distillation process involves heating alcohol to create vapors, which can ignite if not properly controlled. Many illegal moonshine operations have resulted in explosions or fires due to unsafe equipment.
• Injury and Damage: The risks associated with moonshine production can lead to serious injury or property damage, both to the distiller and to those nearby.

3. Tax Evasion

One of the primary reasons for strict regulation of moonshine is the government’s interest in collecting taxes on distilled spirits. Federal and state governments impose excise taxes on alcohol sales, and illegal moonshine producers often avoid paying these taxes, which is a form of tax evasion.

• Revenue Loss: The government loses significant tax revenue when alcohol is produced and sold illegally. This is one of the main reasons why moonshine production is strictly monitored and penalized.

Legal Moonshine and Commercial Distilleries

Interestingly, the popularity of moonshine as a cultural symbol has led to the rise of legal distilleries that produce “moonshine” under government regulation. These products are made using traditional moonshining methods but adhere to federal and state laws regarding taxation, safety, and quality.

1. Commercial “Moonshine” Brands

Many legal distilleries now sell moonshine as a branded product. While these spirits are marketed as moonshine, they are produced in licensed distilleries, taxed, and subject to all the regulations that govern other types of distilled alcohol.

• Clear, Unaged Whiskey: Most commercial “moonshine” is simply clear, unaged whiskey, often distilled using corn, which is similar to the traditional recipes used by illegal moonshiners.

2. Distilling Your Own Spirits Legally

For those interested in making their own spirits legally, the only option is to obtain both federal and state permits. This process is complex and requires adherence to numerous regulations, but it is the only legal way to produce distilled spirits in the U.S.

• Permit Process: To legally distill spirits, individuals must apply for a Federal Distilled Spirits Permit through the TTB and comply with state regulations. This involves an extensive application process, as well as inspections and safety checks.

Conclusion

In 2024, it is still illegal to make moonshine without the proper federal and state permits. Moonshine production, when done outside of government oversight, can lead to serious legal consequences, including fines, jail time, and property seizure. The laws are in place primarily due to concerns over public safety, health risks, and tax evasion. While legal moonshine products are available through licensed distilleries, anyone interested in producing their own spirits must go through the proper legal channels to avoid running afoul of the law.

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