Massachusetts

• 1/1/2015 last updated

Massachusetts not only allows residents of the state to own a still, but residents are allowed to distill spirits for their own personal use. It is still illegal to manufacture and sell moonshine, but as long as it is not for sale, it is legal in the state, though as always it is still federally illegal.

And because it is legal to own a still it is also legal to use your still for making essential oils, vinegar, distilling water, etc.

ALCOHOLIC BEVERAGES CONTROL COMMISSION FAQ

2.When does an individual need a license?
State law prohibits sale, storage, transportation, importing, exporting, manufacturing with the intent to sell, keeping for sale and exposing for salewithout a license. If any individual conducts such activities without a license they are in violation of Chapter 138 “The Liquor Control Act” andwill be prosecuted criminally. (Note: That a specific state law states the DELIVERY OF ALCOHOLIC BEVERAGES in or from any placethat is not a private dwelling house is presumed to be a sale.)

Section 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures

Section 56. A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter. Such officers shall enforce or cause to be enforced the penalties provided by law against every person who is guilty of a violation of this chapter of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose.

Massachusetts ABCC website

Massachusetts No license appears to be required if you are making ethanol fuel for personal use. But naturally if you will be reselling it you will need a distillery license.

Massachusetts offers a wide range of licenses available for distilleries and plenty of information that someone starting a distillery in their state would need.

The fees range from $22.00 per year for up to 5,000 proof gallons up to $110 per 1 million gallons. A Liquor excise tax surety bond of $3,000 up to $6,000 is required regardless of the type of license you use.

Licenses and forms

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.

Moonshine being transported seems to be a grey area and should be avoided. From the wording of the regulations moonshine is legal on your own property, but once it leaves your property it is illegal. This may mean that transporting spirits may be illegal since it could be considered an attempt to sell.

Section 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures

Section 56. A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter. Such officers shall enforce or cause to be enforced the penalties provided by law against every person who is guilty of a violation of this chapter of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.

This means legally you can:

• Own, manufacture, sell or be in possession of a still.
• Distill water
• Produce essential oils or other non-alcohol liquids
• Fuel production is legal federally with the correct licenses.

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