Mississippi

• 1/1/2015 last updated

While technically it is legal to distill water, Rosin, essential oils (that do not produce ethanol byproducts) owning a still in Mississippi is illegal and carries ridiculous fines and penalties, with the first offense having a minimum sentence of 12 months, and up to 36 months in the state penitentiary. If it is found that a still could have been or could be used in the production of moonshine chances are you will be found guilty.

67-1-10 - Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions

It shall be unlawful for any person, firm or corporation to own or control or have in such person's, firm's or corporation's possession any distillery commonly called a still or any integral part thereof. It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

• (a) Where the same is used exclusively for the distillation of rosin products;
• (b) Where the same is used exclusively for the distillation of water;
• (c) Where the same is kept and lawfully used in any laboratory;
• (d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or
• (e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary not less than five (5), nor more than ten (10) years.

Because of the restrictions of owning a still it is illegal to produce ethanol without a federal license and may not be legal at all in this state. I was unable to find any information specific to licenses to manufacture ethanol fuel.

Mississippi only offers 1 type of license for operating a distillery and costs $9,025 per year. Also Mississippi has many dry counties which may or may not allow a distillery to be run (34 out of 82 total are dry counties).
Mississippi ABC licenses

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.

If found in the possession of moonshine or a still not only can the still and spirits be confiscated, but your house/property can be seized or if transporting spirits or equipment your vehicle as well.

67-1-10 - Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions

It shall be unlawful for any person, firm or corporation to own or control or have in such person's, firm's or corporation's possession any distillery commonly called a still or any integral part thereof. It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

• (a) Where the same is used exclusively for the distillation of rosin products;
• (b) Where the same is used exclusively for the distillation of water;
• (c) Where the same is kept and lawfully used in any laboratory;
• (d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or
• (e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary not less than five (5), nor more than ten (10) years.

MS Code § 67-1-17 (2013) Unlawful possession of alcoholic beverages; seizure and sale

It shall be unlawful for any person to have or possess either alcoholic beverages or personal property intended for use in violating the provisions of this chapter, or regulations prescribed under this chapter, or Chapter 31 of Title 97, Mississippi Code of 1972. No property rights shall exist in any such personal property or alcoholic beverages. All such personal property and alcoholic beverages shall be considered contraband and shall be seized and forfeited to the state of Mississippi.

• (2) The following are subject to forfeiture:
• (a) All alcoholic beverages which have been manufactured, distilled, distributed, dispensed or acquired in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972;
• (b) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any alcoholic beverage in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972;
• (c) All property which is used, or intended for use, as a container for property described in items (a) or (b) of this subsection;
• (e) All money, deadly weapons, books, records and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972.
• (3) Property subject to forfeiture may be seized by the alcoholic beverage control division and its agents, local law enforcement officers, Mississippi Highway Patrol officers and other law enforcement personnel charged by Section 67-1-91, with enforcing the provisions of this chapter upon process issued by any appropriate court having jurisdiction over the property.

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.

---