South Carolina

• 1/1/2015 last updated

It is legal in South Carolina to own a still if you can prove it is not used in the manufacture of moonshine AND show proof that it is used for other purposes such as distilling wine, essential oils, etc.

If no proof can be offered it will be deemed illegal and for the purpose of moonshine production.

SECTION 61-6-4100. Distilleries

It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State.

The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

• (a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;
• (b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and
• (c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

The state does not offer any type of license to distill ethanol fuel. But because you can legally own a still and you can get a federal license it may be legal to manufacture your own ethanol fuel. You will need to contact your county for confirmation.

Licenses are available as well as micro distillery 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.

It is a Misdemeanor if found in posession.

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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