West Virginia

• 1/1/2015 last updated

It is legal to own a still in West Virginia as long as you do not use it to distill moonshine. West Virginia does require a license to manufacture your own fuel, or to manufacture your own essential oils, etc.

WV Code § 60-6-10 (2015)

A person who unlawfully owns, operates, or maintains a plant for the manufacture of distilled spirits, or aids or abets in the operation or maintenance of such a plant shall be guilty of a felony, and upon conviction shall be fined not less than one hundred nor more than one thousand dollars or confined in the penitentiary not less than one nor more than five years.

A still can be used for the production of distilled water, essential oils, etc. if a $5.00 license is requested.
WV Code § 60-4-8 (2015)

The commission shall license a still used by a commercial chemist for laboratory purposes only, and not used for the purpose of the manufacture of alcoholic liquors for resale, at a fee of five dollars.

Residents can manufacture their own alcohol fuel for personal use if they apply for a $5.00 license.

West Virginia does offer licenses to run a distillery or micro distillery.

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.

WV Code § 60-6-10 (2015)

A person who unlawfully owns, operates, or maintains a plant for the manufacture of distilled spirits, or aids or abets in the operation or maintenance of such a plant shall be guilty of a felony, and upon conviction shall be fined not less than one hundred nor more than one thousand dollars or confined in the penitentiary not less than one nor more than five years.

WV Code § 60-4-8 (2015)

The commission shall license a still used by a commercial chemist for laboratory purposes only, and not used for the purpose of the manufacture of alcoholic liquors for resale, at a fee of five dollars.

WV Code § 60-6-11 (2015)

A person who, while engaged in the unlawful manufacture, transportation or sale of alcoholic liquors, or while aiding or assisting in any of such acts, has in his actual or constructive possession a firearm or other lethal weapon, shall be guilty of a felony, and upon conviction shall be confined in the penitentiary not less than one nor more than ten years.

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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