⚠️ Important Disclaimer — Read This First
This article is provided for informational and entertainment purposes only and does not constitute legal advice. Boozemakers is not a law firm, and nothing on this page should be relied upon as a substitute for the advice of a licensed attorney in your jurisdiction.
Home distilling laws change frequently — at both the federal and state level — and the legal landscape in 2025–2026 is shifting faster than at any point in the last century. We make our best effort to keep this guide up to date as new bills are filed, court rulings come down, and statutes are amended, but we cannot guarantee that every detail reflects the very latest law in your state.
Before doing anything based on this article — including buying equipment, operating a still, or relying on a state-level exemption — verify the current law with your state's alcoholic beverage control authority, your state legislature's official website, and/or a licensed attorney. If you spot something out of date, please let us know and we'll get it corrected.
Last updated: April 12, 2026 — Reviewed and revised to reflect the Fifth Circuit's April 10, 2026 ruling striking down the federal home distilling ban, West Virginia's 2024 home distilling law, and the 2025 Texas legalization bill.
⚖️ Major 2026 Update: Federal Home Distilling Ban Struck Down
On April 10, 2026, the U.S. Court of Appeals for the Fifth Circuit affirmed that the 158-year-old federal ban on at-home distilling is unconstitutional. In Hobby Distillers Association v. U.S. Department of Justice, the court ruled that 26 U.S.C. §§ 5178(a)(1)(B) and 5601(a)(6) — which prohibit distilling spirits in a private dwelling — exceed Congress's taxing power and are not "necessary and proper" to revenue collection.
What this means in practice:
- The decision is binding within the Fifth Circuit — Texas, Louisiana, and Mississippi — where residents can no longer be federally prosecuted for distilling at home.
- The ruling carries persuasive weight in other circuits but is not yet binding nationwide. The TTB has not issued new guidance for the rest of the country.
- State and local laws still apply. Even in Fifth Circuit states, you must comply with your state's distilling statutes — and most states still prohibit it.
- Permits, excise tax, and federal compliance remain in effect for anyone operating above hobby scale or commercially.
Before firing up a still anywhere in the U.S., read your state's section below carefully — the legal landscape is shifting fast.
This page provides a comprehensive, state-by-state overview of home distilling laws in the United States, plus a snapshot of how the rules are shifting worldwide. For decades home distilling sat in a legal gray zone — federally banned, inconsistently enforced, and quietly tolerated in parts of Appalachia. That landscape is finally changing.
Internationally, New Zealand was the first country to legalize home distilling for personal use back in 1996. Russia decriminalized it in 2002. The Netherlands and parts of the EU look the other way so long as there's no commercial intent. In the U.S., the conversation has moved much more slowly — but in 2024–2026 it finally started to break loose.
Until April 2026, distilling spirits at home was a federal offense nationwide under 26 U.S.C. § 5178. The Fifth Circuit's ruling in Hobby Distillers Association v. DOJ now invalidates that ban within Texas, Louisiana, and Mississippi — but only within the Fifth Circuit. Everywhere else, federal law technically still applies while legal challenges wind through other courts.
At the state level, three jurisdictions have now affirmatively legalized home distilling for personal use through legislation:
- West Virginia — HB 4793, signed in March 2024. Up to 25 gallons per year for a one-adult household, 50 gallons for households with two or more adults over 21. The first U.S. state to explicitly authorize hobby distilling by statute.
- New Hampshire — HB 1624, signed by Gov. Chris Sununu on July 12, 2024 as Chapter 206 and effective January 1, 2025. Up to 100 gallons per year for a single-adult household, 200 gallons for households with two or more adults.
- Maine — LD 631, sponsored by Rep. Tammy Schmersal-Burgess, passed by both chambers on June 2, 2025. Up to 24 gallons per year for single-adult households, 48 gallons for households with two or more adults. Sales remain prohibited.
A second group of states has long had statutes that would make home distilling immediately legal the moment federal law gets out of the way — Alaska, Arizona, Massachusetts, Michigan, Missouri, and Rhode Island. Missouri's RSMo 311.055 is the most generous of these legacy exemptions, permitting up to 100 gallons per year for a single-adult household and 200 gallons for two or more adults — without requiring a license. Alaska's AS 04.21.015 simply states that the state's alcohol code does not apply to private manufacture so long as you stay under the federal cap. Arizona requires you to register any still you own under ARS 4-221 but does not require a state liquor license for personal-use production.
Note: prior versions of this article listed Ohio in the permissive group. That was incorrect. Ohio Revised Code § 4301.58 requires a state A-permit to manufacture spirituous liquor — there is no personal-use exemption. Ohio Senate Bill 13 (2023) would have created one, but it never passed. Ohio is, as of April 2026, still prohibitive under state law.
In Texas, Rep. Giovanni Capriglione filed HB 2278 on January 30, 2025 — backed by the Hobby Distillers Association — to legalize home distilling for personal use up to 200 gallons per year. The bill passed the Texas House (engrossed) but died in the Senate on May 14, 2025 when the 89th Legislature adjourned. With the Fifth Circuit's April 2026 ruling now removing the federal barrier inside Texas, Capriglione has indicated he will refile in the next session, and similar bills are expected in other states through 2026.
Interestingly, you can still find distilling equipment online that you can purchase.
And even though it is federally illegal to distill alcohol for consumption in the U.S., punishment and enforcement vary greatly per state. Below you can find the detailed alcohol distillation laws in the US. Just click on the state name to read the details.
There is still plenty of info available online on how to make certain spirits such as:
There are some great Books available as well:
- How To Distill A Complete Guide by Aaron Hyde
- The Joy of Home Distilling
This is a great online video training course by Distillery University that will give you the ins and outs about the entire process.
There are also Bourbon/Whiskey of the month clubs that you can join to get unique craft spirits sent directly to you each month.
State-by-State Quick Reference (April 2026)
This table summarizes where home distilling stands in each state under state law only. Federal law applies on top of this — the Fifth Circuit struck the federal ban down on April 10, 2026, but only in Texas, Louisiana, and Mississippi. In every other state, federal law technically still prohibits home distilling pending further litigation or legislation. Click any state name in the detailed sections below for the full statutory language.
| State | State-Law Status | Notes / Limit |
|---|---|---|
| Alabama | ❌ Illegal | Title 28; manufacture without license prohibited |
| Alaska | 🟡 Permissive (silent) | AS 04.21.015 — alcohol code does not apply to private manufacture under federal cap |
| Arizona | 🟡 Permissive (registration) | ARS 4-221 — still must be registered with the AZ Dept of Liquor |
| Arkansas | ❌ Illegal (felony) | 3-3-402 — Class D felony |
| California | ❌ Illegal | BPC §23300; unlicensed still operation a felony |
| Colorado | ❌ Illegal | §44-3-106 — homebrew exemption does not cover spirits |
| Connecticut | ❌ Illegal | Title 30 — illegal liquor is a nuisance subject to seizure |
| Delaware | ❌ Illegal | Title 4 §905 — fines $500–$5,000 and/or 6 months–2 years |
| Florida | ❌ Illegal (felony) | Ch 562 — third-degree felony for unlicensed manufacture |
| Georgia | ❌ Illegal | Title 3 — unlicensed manufacture prohibited |
| Hawaii | ❌ Illegal | Ch 281 — manufacture without license prohibited |
| Idaho | ❌ Illegal | Title 23 — manufacture for personal use not exempted |
| Illinois | ❌ Illegal | 235 ILCS 5 — Liquor Control Act |
| Indiana | ❌ Illegal | Title 7.1 — unlicensed manufacture prohibited |
| Iowa | ❌ Illegal | Iowa Code Ch 123 — still ownership permitted for non-beverage use only |
| Kansas | ❌ Illegal | Ch 41 — Liquor Control Act |
| Kentucky | ❌ Illegal | KRS Ch 244 — illegal even in bourbon country |
| Louisiana | ❌ Illegal (state law) | Title 26 — but federal ban no longer applies (5th Circuit) |
| Maine | ✅ Legal (2025) | LD 631 — 24 gal single / 48 gal two-adult household |
| Maryland | ❌ Illegal | G2B §1-201 — apparatus is contraband |
| Massachusetts | 🟡 Permissive (silent) | Ch 138 — personal-use manufacture not expressly prohibited |
| Michigan | 🟡 Permissive (silent) | MCL 436 — license required only for sale |
| Minnesota | ❌ Illegal (felony) | Ch 340A — unlawful manufacture is a felony |
| Mississippi | ❌ Illegal (state law) | Title 67 — but federal ban no longer applies (5th Circuit) |
| Missouri | 🟡 Permissive (statutory) | RSMo 311.055 — 100 gal single / 200 gal two-adult household, no license needed |
| Montana | ❌ Illegal | Title 16 — unlicensed manufacture prohibited |
| Nebraska | ❌ Illegal | Ch 53 — Liquor Control Act |
| Nevada | ❌ Illegal | NRS 597 — manufacture without license prohibited |
| New Hampshire | ✅ Legal (Jan 1, 2025) | HB 1624 — 100 gal single / 200 gal two-adult household |
| New Jersey | ❌ Illegal | Title 33 — Alcoholic Beverage Control Act |
| New Mexico | ❌ Illegal | Ch 60 — unlicensed manufacture prohibited |
| New York | ❌ Illegal | ABC Law §100 — license required for any liquor manufacture |
| North Carolina | ❌ Illegal | Ch 18B — unlicensed manufacture is a felony |
| North Dakota | ❌ Illegal | Ch 5 — unlicensed manufacture prohibited |
| Ohio | ❌ Illegal | ORC §4301.58 — A-permit required; SB 13 (2023) failed to pass |
| Oklahoma | ❌ Illegal | Title 37 — Alcoholic Beverage Control Act |
| Oregon | ❌ Illegal | ORS Ch 471 — license required for any spirits manufacture |
| Pennsylvania | ❌ Illegal | Title 47 — Liquor Code |
| Rhode Island | 🟡 Permissive (silent) | Title 3 — personal-use manufacture not expressly prohibited |
| South Carolina | ❌ Illegal | Title 61 — Alcohol and Alcoholic Beverages |
| South Dakota | ❌ Illegal | Title 35 — still possession permitted, operation prohibited |
| Tennessee | ❌ Illegal | Title 57 — unlicensed manufacture prohibited |
| Texas | ❌ Illegal (state law) | ABC §103 — but federal ban no longer applies (5th Circuit). HB 2278 (2025) passed House, died in Senate |
| Utah | ❌ Illegal | 32B-11 — manufacturing license required |
| Vermont | ❌ Illegal | Title 7 — unlicensed manufacture prohibited |
| Virginia | ❌ Illegal (felony) | Title 4.1 — unlicensed manufacture is a Class 6 felony |
| Washington | ❌ Illegal | RCW 66 — Liquor Act |
| West Virginia | ✅ Legal (2024) | HB 4793 — 25 gal single / 50 gal two-adult household |
| Wisconsin | ❌ Illegal | Ch 125 — unlicensed manufacture prohibited |
| Wyoming | ❌ Illegal | Title 12 — unlicensed manufacture prohibited |
Legend: ✅ Legal under state law (statute affirmatively authorizes personal-use distilling). 🟡 Permissive — state law is silent or contains an exemption that would make personal-use distilling legal absent federal prohibition. ❌ Illegal under state law (manufacture without a license expressly prohibited). All entries reflect statutes verified or revisited in April 2026.
U.S. Home Distilling Laws by State
Click a state to see its distilling laws
Legal Disclaimer
This information is provided for educational purposes only and should not be considered legal advice. Home distilling remains a federal offense in the United States regardless of state laws. Laws change frequently — always consult current federal and state statutes before taking any action.
