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Is Moonshine Illegal in Texas? (2023 Updated)

Is Moonshine Illegal in Texas

Last Updated on February 11, 2024 by Lydia Martin

Despite the controversy that hovers around moonshine, many drinkers still continue patronizing the controversial spirit. Due to a huge loss in the tax revenue, some banned the spirit, while some states like South Carolina passed laws to legalize moonshine production. But, is moonshine illegal in Texas?

To finally break the controversy, our team will give you a solid answer based on our extensive research. 

Moonshine: Is It Illegal in Texas?

Midnight Moon

Yes, moonshine is illegal to distill in Texas because it is an untaxed liquor. Moonshine is the term for unlicensed distillation of high-proof liquor or simply illegal whiskey.

Although the term spread widely during the Prohibition Era (1920-1933), its Texas roots produced illegally distilled spirits by early pioneers long before the 20th century. 

Recently, the Texas Liquor Control Board categorized the moonshine problem in Texas as moderate because there is not much illegal liquor left there. Law enforcement agents only found two to four operators in Northeastern Texas despite being the traditional moonshine mecca [1].

Some bootleggers were still in East Texas, where they carried on the tradition of moonshining. 

Also Read: Does Moonshine Go Bad?

Distilling Laws in Texas

The Texas State Law prohibits any individual from owning a still without obtaining a distilled spirits permit from the Texas Alcoholic Beverage Commission.

It is to prevent manufacturing illicit beverages by illegally distilling alcohol, distilling water, or producing essential oils, regardless of whether it is for personal consumption or not.

On the contrary, the federal law allows citizens to own a still for personal consumption, but it is illegal to make moonshine or distill spirits. Except for making liquor, they are materials for distilling water or producing essential oils.

Since distillation instruments can also produce ethanol fuel, the proprietor should first obtain a Federal Fuel Alcohol Permit.

Why Alcohol Distilling is Illegal in Texas

Alcohol Distillation process

Home distilling alcohol in Texas is illegal because it does not pay taxes. From the 1862 Revenue Act established during the American Civil War, homemade spirits and tobacco products are subject to taxes. There is also an issue of contamination for poorly-made unaged whiskey that poses a public safety risk.

However, it is perfectly legal in Texas to manufacture distilled spirits if the proprietor has a Commercial Distiller’s Permit. Production of distilled alcohol requires different federal licenses compared to the limited production of beer and wine.

Number of Gallons Allowed For Home Produce

Annually producing 200 gallons of homemade wine or malt beverages is perfectly legal in Texas [2]. The actual law allows that much for alcoholic beverages but not for distilled spirits which makes moonshine illegal. Both federal laws and Texas State Moonshine laws allow owning stills when presented with proper licenses and permits. 

The capacity of stills may vary from one distiller to another, but having less than 1 gallon will not be regulated by the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB). Despite that, the stills should be only for producing alcohol fuel or distilled water and not to distill alcohol itself. 

Also Read:

Is It Legal To Own Moonshine in Texas?

Midnight Moon Moonshine

No, it is not legal to own moonshine in Texas. According to federal law, any homemade distilled spirits should be paying taxes to the government. But owning distilling apparatus is federally legal as long as it will not be for alcohol distillation.

From 1876 to 1891, the local option laws started to prohibit liquor from the local legal stores in Texas. As the end of the Prohibition Era made it easier to own whiskey, the huge moonshining industry started to diminish.

Authorities all over the United States have been actively pursuing moonshine producers since the end of World War 2.

Is It Legal To Sell Moonshine in Texas?

No, selling moonshine is not legal in Texas. But there are liquor stores with moonshine products on their shelves which is confusing for many people.

As it is illegal to distill alcohol according to state laws, some enthusiasts argue that commercially-produced moonshine is not authentic.

Amid the American Civil War in 1861, Congress passed the law to collect taxes from distilled liquors and tobacco products as a strategy to raise funds.

Since moonshine is the illegal production of distilled alcoholic products, it is not subject to taxes upon selling. If caught, selling moonshine is subject to serious state and federal law violations.

What Happens When You’re Caught Making Moonshine

Moonshine making process

When authorities catch you making moonshine, you can be subject to a felony punishable by the state law of Texas or even at a federal level. Texas makes moonshining, which does not have a legal permit, has criminal penalties under the federal law of around $10,000 fine, up to 5 years imprisonment, or both. 

The home distilling laws prohibit the illegal possession of unregistered stills or liquor for intentional state law violation. Authorities considered this a misdemeanor punishable by around a $5,000 fine, up to 1 year in prison, or both.

FAQs

What’s the proof of Moonshine?

Moonshine usually has an alcohol content of 80-proof. There are also varieties with 120 alcohol proof which can easily get a person drunk.

Is it legal to own Moonshine for personal use?

No, it is not legal to own moonshine for personal consumption. It is also illegal to make or distill alcohol, but it is possible to own distillation equipment under federal law with the appropriate permits. The TABC Distiller’s permit allows a business to make or distill alcohol. 

Why is moonshine illegal?

Moonshine is often associated with homemade, illicitly produced spirits. The primary reasons for its illegality are rooted in concerns related to taxation, regulation, and public safety. Governments regulate the production and sale of alcoholic beverages to ensure proper taxation, quality control, and adherence to safety standards. Illegally produced moonshine may not meet these standards, posing risks to consumers and potentially avoiding taxes.

Is moonshine illegal in the US?

Moonshine, in its traditional and unregulated form, is illegal in the United States. Federal and state laws regulate the production, distribution, and sale of alcoholic beverages. However, some states have legalized the production and sale of distilled spirits through licensed distilleries.

Is moonshine illegal in Louisiana?

In Louisiana, as in many other states, the production of traditional, unlicensed moonshine is illegal. The state has regulations and licensing requirements for the legal production of distilled spirits. Individuals interested in producing and selling alcohol must obtain the necessary licenses and adhere to state and federal regulations.

How to get a distilling license in Texas?

Obtaining a distilling license in Texas involves several steps. Interested individuals must apply for a license from the Texas Alcoholic Beverage Commission (TABC). The application process typically includes providing details about the distillery’s location, equipment, and operations. Applicants need to comply with state and federal regulations, and TABC may conduct inspections before granting a license.

Is moonshine legal in any state?

While traditional moonshine is illegal in most states without proper licensing, the production and sale of distilled spirits are legal in some states under regulated conditions. Many states have established licensing processes for individuals or businesses interested in legally producing and selling spirits, including moonshine variations.

Texas distilling license cost?

The cost of a distilling license in Texas can vary based on factors such as the type of license, the scale of production, and other considerations. Applicants should check with the Texas Alcoholic Beverage Commission (TABC) for the most accurate and up-to-date information on license fees and requirements.

Is moonshine illegal in Tennessee?

Similar to other states, the production of traditional, unregulated moonshine is illegal in Tennessee. The state has regulations governing the production and sale of distilled spirits. Individuals interested in legally producing and selling moonshine or other spirits must obtain the necessary licenses and comply with state and federal laws.

How to get a commercial distilling license in Texas?

Obtaining a commercial distilling license in Texas involves applying through the Texas Alcoholic Beverage Commission (TABC). Applicants need to provide detailed information about the distillery, its location, equipment, and operations. The TABC reviews applications to ensure compliance with state and federal regulations. The process may also include inspections before the issuance of a commercial distilling license.

What is the moonshine capital of Texas?

The term “moonshine capital” is subjective, but some areas in Texas, such as the Hill Country or the Piney Woods region, have historical connections to moonshining. However, it’s essential to note that moonshining, in its traditional illicit form, is illegal.

Were there moonshiners in Texas?

Yes, historically, Texas has had moonshiners, especially during Prohibition (1920-1933). Moonshining refers to the illegal production of distilled spirits, often done in secret to avoid taxes and regulations.

Is moonshine a strong alcohol?

Moonshine can be a strong alcoholic beverage. The strength of moonshine is typically measured in terms of alcohol by volume (ABV), and it can vary widely. Traditional moonshine can have a high ABV, often exceeding the levels found in commercially produced spirits.

What happens if you get caught with moonshine in Texas?

Getting caught with illegal moonshine in Texas can lead to legal consequences. The penalties may include fines, confiscation of equipment, and potential criminal charges. Texas has regulations and licensing requirements for the legal production and sale of alcoholic beverages.

What states drink moonshine?

Moonshine is consumed in various states, but it’s crucial to differentiate between illicitly produced moonshine and legal, commercially available versions. Some states have a rich history of moonshining, while others have legalized the production and sale of distilled spirits.

Is moonshine illegal in the US?

Traditional, unregulated moonshine is illegal in the United States. Federal and state laws regulate the production, distribution, and sale of alcoholic beverages. However, legal variations of moonshine produced by licensed distilleries are available for purchase in many states.

When was alcohol illegal in Texas?

Alcohol was prohibited in Texas during the period of Prohibition, which lasted from 1920 to 1933. During this time, the production, sale, and transportation of alcoholic beverages were banned in the United States.

Do Moonshiners still exist?

While traditional, illicit moonshiners may still exist, especially in areas with a historical connection to moonshining, many states now have legal processes for individuals or businesses to obtain licenses for the legal production of distilled spirits.

Is moonshine 100% proof?

Moonshine can have varying levels of proof, and it is not always 100% proof. The term “proof” is a measure of alcohol content, and 100 proof is equivalent to 50% alcohol by volume. Traditional moonshine may have a higher proof, but the actual percentage can vary.

Why did moonshine become illegal?

Moonshine became illegal primarily due to concerns related to taxation, regulation, and public safety. The illicit production of moonshine often involved avoiding taxes and using unregulated methods, which could lead to unsafe products and public health risks.

Is there 100% alcohol in moonshine?

Moonshine does not typically contain 100% alcohol. The term “moonshine” refers to illegally produced distilled spirits, and the alcohol content can vary. It is not uncommon for moonshine to have a high alcohol by volume (ABV), but it is rarely 100%. Commercially available spirits are typically diluted to a safe and palatable level.

So, Is Moonshine Illegal in Texas?

Texas makes moonshining illegal within its state and can be punishable by serious violations and criminal charges. The term generally means that it is the illegal distillation of liquor, and with more impurities present in the drink, it is also a concern of public safety risk.

Aside from that, the illegal production of alcoholic beverages also results in felony charges against the 1862 Revenue Act. 

Recently, moonshining has become a minor problem even in Northeast Texas, where it started. Owning distillation stills is perfectly legal as long as there is a TABC permit, or else it could be a misdemeanor punishable by law. 

References:

  1. https://abcnews.go.com/US/story
  2. https://www.ncsl.org/research/financial-services-and-commerce/home-manufacture-of-alcohol-state-statutes.asp
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