8 Comments

• B

  Comment Author: bob

  Published on: Apr 07, 2021

  I am curious about the enforcement of federal home distilling laws would work in a state like colorado. marijuana is state legal and federally illegal but there are no federal agents camped out here busting the dispensaries or their customers. the federal government just collects taxes on what they define as an illegal product at an outrageous rate. I’m not sure how it is worth their effort to try to find and prosecute a home distiller who is not selling a product if they are unwilling to prosecute a statewide illegal industry that is right out in the open.

• S

  Comment Author: STeve

  Published on: Jan 27, 2016

  The state of Colorado is not hard on home distilling. The federal government is. If you decide to make your own shine, I would not mention it to anyone, and consider the following.

  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.) 5042(a)(2) and 5053(e)). Producing distilled spirits at any place other than a TTB-qualified distilled spirits plant can expose you to Federal charges for serious offenses and lead to consequences including, but not necessarily limited to, the following:

  Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
  5601(a)(1) – Possession of an unregistered still.
  5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
  5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C. 5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
  5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
  5601(a)(8) – Unlawful production of distilled spirits.
  5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
  5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.

• Z

  Comment Author: Zundfolge

  Published on: Mar 04, 2014

  In response to what Tobbee said about statute 12-47-106 (2) it is legal for the head of the family to brew beer or make wine, not distill spirits.

  (2) (a) Any provision of this article or article 46 of this title to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of fermented malt beverage or malt or vinous liquor as is exempt from the federal excise tax on such alcohol beverage when produced by a head of a family for family use and not for sale.

• T

  Comment Author: Tobbe

  Published on: Jan 03, 2014

  Based on Colorado Statute 12-47-106 (2) it is legal for a head of the family to produce for family use.

• D

  Comment Author: Donna

  Published on: Feb 10, 2013

  Thank you very much! My husband and I were a little confused by what we were finding on other sites…