How Much Moonshine Can I Make Legally In Tennessee

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Owning a still in Kentucky for the intended purposes of distilling moonshine is illegal, and being caught with a still for the purpose of distilling moonshine is a Class B misdemeanor, with additional convictions being Class A misdemeanors.Kentucky was among the first states to legalize moonshine sales from properly licensed distilleries around 2010.

Although quite limited in its selection of moonshine and other spirits it will sell to visitors, Kentucky’s Buffalo Trace Distillery is a national monument.In contrast to Florida, some state’s home distilling laws allow “legal” moonshining, even though it’s considered illegal federally.

Those states include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island.

How Much Moonshine Can I Make Legally In TennesseeIs Moonshine Legal In Kentucky

Contents

Does Kentucky sell moonshine?

Kentucky was among the first states to legalize moonshine sales from properly licensed distilleries around 2010. Although quite limited in its selection of moonshine and other spirits it will sell to visitors, Kentucky’s Buffalo Trace Distillery is a national monument.

What states have legal moonshine?

In contrast to Florida, some state’s home distilling laws allow “legal” moonshining, even though it’s considered illegal federally. Those states include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island.

Guide to ‘Shine: Legal vs. Illegal Explained | Moonshiners

Guide to ‘Shine: Legal vs. Illegal Explained | Moonshiners
Guide to ‘Shine: Legal vs. Illegal Explained | Moonshiners

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Can you distill alcohol in Kentucky?

Distilling in Kentucky is illegal, even if it would be federally legal. 244.170 Apparatus for unlawful manufacture prohibited. No person shall buy, bargain, sell, loan, own, possess or knowingly transport any apparatus designed for the unlawful manufacture of alcoholic beverages.

Can you distill in Kentucky?

In Kentucky, a distiller is required to pay $3,090 for a license, along with other fees that may be required by local ordinance. While this fee is not as expensive as those in some other states, it still may create a road block for first-time producers looking to make their big break in the industry.

Why is moonshine illegal?

So why is moonshine still illegal? Because the liquor is worth more to the government than beer or wine. Uncle Sam takes an excise tax of $2.14 for each 750-milliliter bottle of 80-proof spirits, compared with 21 cents for a bottle of wine (of 14 percent alcohol or less) and 5 cents for a can of beer.

Which state has the best moonshine?

Whether you prefer the original recipe, apple pie flavored, or any other twist on this classic, Ole Smoky Tennessee Moonshine remains one of the best moonshine brands out there.

How many gallons of moonshine can you legally make in Tennessee?

The location where samples are given must be disclosed to the TABC. A licensed distillery can sell its product at retail for consumption off-premise to any person of legal drinking age limited to five gallons (5 gal.) or one sixth (1/6) of a barrel of its product to any one (1) individual per visit to the premises.

See some more details on the topic is moonshine legal in kentucky here:

Quick Answer: Is Moonshine Legal In Kentucky? – Productos …

Owning a still in Kentucky for the intended purposes of distilling moonshine is illegal, and being caught with a still for the purpose of …

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Is It Legal To Make Moonshine in Kentucky? – American Home …

Yes, a Distillers License. Cost of commercial distillery permit? $3,090 per year. Location of commercial distillery permit application online?

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Is it legal to make your own moonshine in Kentucky?

Kentucky was among the first states to legalize moonshine sales from properly licensed distilleries around 2010. It continues to use square …

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What Is The Law In Kentucky On Moonshine?

Kentucky law prohibits the possession of a still for the purpose of distilling moonshine. Those who are caught with a still for the purpose …

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Can I make moonshine at home?

While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.)

What proof is moonshine?

On average, a proof moonshine could range somewhere between 100 to 150 proof. When you convert that alcohol by volume, 150 proof is equivalent to 75% alcohol by volume. Now that’s high!

Can you make whiskey in Kentucky?

Whiskey may be made everywhere from Brooklyn to Scotland but in 1964, Congress declared bourbon “America’s Native Spirit.” That means to be called bourbon, it must be made in the U.S. But really, everyone knows that means Kentucky—95 percent of the world’s bourbon is made in Kentucky.

Is moonshine legal in Tennessee?

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc.

How do you get a liquor license in Kentucky?

Apply for Temporary Kentucky Liquor License

  1. Verify that applicant meets all statutory eligibility requirements.
  2. Completion of temporary license application and compile all mandatory documentation.
  3. Obtain criminal record reports.
  4. Obtain approval from local (city or county) ABC administrator.

What are the alcohol laws in Kentucky?

It is illegal to sell an alcoholic beverage to anyone under the age of 21. This includes adults of age 18, 19, and 20. An alcohol-licensed business may sell alcohol Monday through Saturday from 6:00 a.m. until midnight. However, counties, cities, precincts may permit sales after midnight and on Sunday.

Is It Legal? Making your own liquor

Is It Legal? Making your own liquor
Is It Legal? Making your own liquor

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How Much Moonshine Can I Make Legally In TennesseeIs It Legal? Making Your Own Liquor

What liquor is distilled in Kentucky?

Proof – Bourbon is bottled at between 80 and 125 proof. Only water may be used to lower the proof of the alcohol. Location – Bourbon can be made anywhere in the US. Only whiskey produced in the State of Kentucky can be called labeled Kentucky Straight Whiskey.

What alcohol is Kentucky known for?

According to the Kentucky Distillers’ Association, the Bluegrass State produces and ages approximately 95 percent of the world’s bourbon whiskey.

Is Everclear moonshine?

What’s the Difference Between Everclear and Moonshine? Both Everclear and Moonshine are unaged spirits; however, Everclear is made from grain and Moonshine from corn. Everclear is a brand name of a neutral-tasting, very potent grain alcohol. Moonshine is a general term used to describe illegally produced corn whiskey.

Is moonshine the strongest alcohol?

Is moonshine stronger than other alcohol? Yes, moonshine is stronger than other alcohol if it is made appropriately. Because it hasn’t been aged, it is just extremely powerful alcohol with a very strong flavor or “kick.” It’s generally quite strong, up to 150 proof (about 75 percent alcohol).

How much is a gallon of moonshine?

The selling price is around $25 a gallon if sold in bulk, or $40 for retail price. “They can make as much as $10,000 a month,” the task force said. Producers make five to six gallons every seven days in the winter and 7 gallons every five days in warmer weather.

Is Ole Smoky Tennessee Moonshine real moonshine?

Products. Currently, Ole Smoky Tennessee Moonshine nationally retails fifteen flavors of moonshine made using authentic East Tennessee recipes, jarred and shipped directly from the company’s Gatlinburg distillery.

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Who is the most famous moonshiner?

Popcorn Sutton
Born Marvin SuttonOctober 5, 1946 Maggie Valley, North Carolina, U.S.
Died March 16, 2009 (aged 62) Parrottsville, Tennessee, U.S.
Occupation Moonshiner, bootlegger
Notable work Popcorn Sutton’s Tennessee White Whiskey

What is the highest proof legal moonshine?

In most regions, the strongest legal moonshine has proof of 197. In other regions, 130 proof is the legal limit for alcoholic beverages.

Is moonshine illegal in North Carolina?

State Overview state laws

It is illegal to distill moonshine in North Carolina without a distilling permit, even for home consumption or personal use. 27 CFR 1.21. But because this is a commercial license the state will expect that you will be making spirits commercially, and not for personal use. 27 CFR 1.24.

Is moonshine legal in Virginia?

And This Time, It’s Legal : The Salt While the revival has taken off around the country, it’s especially strong in Virginia, where many of the twists, turns and car chases that are a part of moonshine lore took place.

How do home distillers work?

Distillate – State alcohol laws for Tennessee

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc.

Because it is specific to only alcohol manufacturing it should be legal to own a still as long as it is not use to manufacture alcohol.

39-17-707. Possession of still

  • (a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.
  • (b) A violation of this section is a Class B misdemeanor.
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Tennessee does offer a fuel alcohol license. It does not seem to require a distiller’s license and does not cost anything for fewer than 1,000 gallons. You can manufacture up to 2,500 gallons for a cost of $100.
Tennessee application and permit for production of fuel alcohol

a Tennessee distillers license costs $1,000 per year and a $300 application fee. No micro distillery license seems to be available. Forms can be found here

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.

39-17-707. Possession of still

  • (a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.
  • (b) A violation of this section is a Class B misdemeanor.

39-17-706. Manufacture of alcoholic beverages

  • (a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes.
  • (b) A violation of this section is a Class A misdemeanor.
  • Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.
  • This means legally you can:

TAGS State laws Federal laws moonshine Tennessee

What Happens if You Get Caught Transporting Moonshine in Tennessee?

Tennessee alcohol laws are a bit unusual in that they vary significantly by county. In addition to having so-called “dry,” “wet” and “moist” counties, Tennessee also enacted new legislation in 2009 that changed the landscape about distillation. One of the biggest effects of this legislation was an explosion of legal moonshine in the state.

“Moonshine” is a word with a lot of historical meaning, and it can refer to specific types of alcohol, specific distillation methods or the act of illegal distillation. Historically, in the United States, “moonshine” has referred to clear, unaged whiskey with a high alcohol content, made from corn mash and distilled illicitly at home ‒ generally to avoid taxation.

During Prohibition, moonshine distillation skyrocketed, and while alcohol laws have loosened, distillation without a permit is still illegal at the federal level. Distilling laws by state vary.

Nonetheless, strong traditions of making moonshine have persisted in many areas, especially in the American South and Appalachia.

Many families have moonshine recipes that have been passed down over generations.

While the term “moonshine” and early versions of the drink originated in the British Isles, in modern usage, moonshine has become a distinctly American product with a powerful place in the American cultural imagination.

In 2009, a number of liquor reform laws swept the Southern states. In Tennessee, that year saw an explosion in the number of counties in which distillation was legal with the right permit.

Previously permitted only in Lincoln, Moore and Coffee counties, distillation became legal in 41 additional counties in July of 2009, so there was no longer a penalty for making moonshine in most parts of the state.

Since Tennessee has a long and proud history of moonshine-makers and moonshine recipes, many locals took this opportunity to obtain distillation permits and bring their particular recipes to the legal market.

While some have debated whether this legal moonshine is truly “moonshine,” those who stick to the traditional, illegal definition of making moonshine face stiff penalties: Distilling without a “distilled spirits” permit is still a federal crime.

While it’s legal to own a still, actually using it to distill alcohol, particularly when there is the intent to avoid taxation, is a felony punishable by a fine of up to $10,000, up to five years in prison, or both, under 26 U.S.C. 5602. Those contemplating the making of moonshine should look into the home-distilling permit cost before determining whether to proceed down that path.

For those who obtain the proper permit, the opportunities for moonshine production in Tennessee have soared.

The boom in “Tennessee whiskey” (a legally specific term), moonshine and other types of whiskey particular to Tennessee has even seen some distilleries challenge the dominance of Jack Daniel’s and George Dickel.

With the rise of microdistilleries has come a need to understand Tennessee laws as to the distillation and transportation of alcohol.

The key to most Tennessee moonshine laws is understanding that the laws consider how much is being made, and, has it been properly taxed? Tennessee Code sections 39-17-703 and 57-3-401 cover receiving, possessing and transporting alcohol.

According to 39-17-703, receiving, storing or transporting more than 5 gallons of alcohol is assumed to be for the purpose of resale unless it’s accompanied by a receipt or documentation from a licensed entity.

In addition, having or moving liquor with the intent to resell or redistribute it is a Class A misdemeanor, unless all appropriate taxes have been paid or the person has been authorized under title 57.

Correspondingly, 57-3-401 stipulates that it is unlawful to transport or cause to transport untaxed alcoholic beverages in excess of 5 gallons. Additionally, excepting situations in which Section 57-3-103(b) authorizes a person to store alcohol for their own personal or social use, it is also illegal to possess more than 5 gallons of untaxed alcohol.

Violations are a Class E felony. The burden of proof to show taxes paid applies to anyone transporting alcohol. Finally, it’s illegal to import, ship or deliver any alcoholic beverages on which the proper taxes have not been paid or when such transportation isn’t to a licensed entity.

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A violation of this is also a Class E felony. So, despite the relaxation of some laws on distillation, it’s still important to get the proper licenses and permits and make sure all necessary taxes on the alcohol are paid.

Is it legal to make moonshine for personal use in Tennessee?

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. Because it is specific to only alcohol manufacturing it should be legal to own a still as long as it is not use to manufacture alcohol.

In respect to this, is it legal to make moonshine in any state?

While most states prohibit home moonshining, state laws sometimes conflict with federal law. But federal law trumps state law, and to the feds, distilling at home for personal consumption is illegal, period.

Additionally, what states is it illegal to make moonshine?

However, distilling alcohol at home, even for personal use, is illegal under federal law. In 2010, legal moonshine stills opened in some parts of the south, including South Carolina, Kentucky, Georgia, and Alabama. These produced legal moonshine for sale and distribution.

What happens if you get caught with moonshine?

Making of moonshine is felony. Get caught making moonshine and you'll face a felony charge of producing liquor without a license, a crime punishable by a fine of $2,500 to $5,000 and/or up to three years in prison. Get caught selling it and you could be charged with a misdemeanor or a felony.

How much does a gallon of moonshine sell for?

As with most liquor, the price you'll pay for moonshine depends on the quality, amount, and where you get it from. “Street” moonshine is more commonly sold by the quart or gallon. You can expect to pay $30 to $100 for a gallon.

Can you make moonshine legally in Tennessee? – handlebar-online.com

State Overview state laws It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc.

How many gallons of moonshine is legal in Tennessee?

five gallons
A licensed distillery can sell its product at retail for consumption off-premise to any person of legal drinking age limited to five gallons (5 gal.) or one sixth (1/6) of a barrel of its product to any one (1) individual per visit to the premises.

What happens if you get caught with moonshine?

Making of moonshine is felony. Get caught making moonshine and you’ll face a felony charge of producing liquor without a license, a crime punishable by a fine of $2,500 to $5,000 and/or up to three years in prison. Get caught selling it and you could be charged with a misdemeanor or a felony.

Can a person make moonshine for personal use?

Making moonshine also poses obvious risks of fire or explosion. Laws against moonshine may place those who wish to make their own line of commercial brandy or other spirit in a tricky situation. But federal law trumps state law, and to the feds, distilling at home for personal consumption is illegal, period.

Is it legal to make and sell moonshine?

The production of moonshine — or really any spirit — without a license is prohibited by the U.S. government and is very much illegal. Clear whiskey in the style of moonshine might be for sale, but technically speaking, moonshine is moonshine because it’s produced illicitly.

How do you start a legal moonshine distillery?

Start a distillery by following these 10 steps:

  1. STEP 1: Plan your business.
  2. STEP 2: Form a legal entity.
  3. STEP 3: Register for taxes.
  4. STEP 4: Open a business bank account & credit card.
  5. STEP 5: Set up business accounting.
  6. STEP 6: Obtain necessary permits and licenses.
  7. STEP 7: Get business insurance.
  8. STEP 8: Define your brand.

How much trouble can you get in for making moonshine?

Ground zero for whiskey: Law allows production of distilled spirits in state

  • By Cynthia Yeldell, [email protected]
  • Entrepreneurs across Tennessee are chomping at the bit for the chance to get into the whiskey-making business.
  • A new state law that allows legal production of whiskey and other distilled spirits has investors ready to pump millions of dollars into new distilleries that can capitalize on Tennessee's reputation for moonshining and creating whiskey.
  • Several entrepreneurs are interested in opening legal distilleries in East Tennessee counties, according to Nashville developer Jim Massey, who plans to open a distillery in Nashville and possibly start a side business helping other distillers with the startup process.

Blount County tourist destination Blackberry Farm also is looking into the possibility of opening a distillery, according to state Sen. Bill Ketron, R-Murfreesboro, who sponsored the legislation in the Senate.

A Blackberry Farm spokeswoman said the upscale Walland inn has no distillery plan in place now.

“We produce small-production, artisan and regionally inspired products. While we currently have no plans for such production mentioned in the legislation, we are pleased to hear that more opportunity exists for future products,” said Sarah Elder Chabot, marketing manager for Blackberry Farm.

Prior to the law, production of distilled spirits was only legal in Moore, Coffee and Lincoln counties where distillers Jack Daniel's Tennessee Whiskey, George Dickel Whisky and Prichards' Rum operate.

Under the new law, about 44 counties are now eligible for distilleries. Manufacturers will be allowed in any county where both retail package sales of liquor and liquor-by-the-drink sales have been locally approved.


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