Is Homemade Moonshine Legal in California? 2025 Guide to Personal Use, Permits, and Penalties

You’re here because you want a straight answer: can you legally make moonshine at home in California for personal use? Short answer: no. Federal law bans home distilling for drinking, and California law doesn’t carve out a personal-use exception for spirits. Beer and wine, sure. Whiskey, vodka, or any distilled spirit you make at home to drink? Not without real permits. If you just wanted clarity, you have it. If you want the why, the risks, and the legal ways to do something similar, keep going.

• TL;DR: Making distilled spirits at home in California for personal use is illegal under federal and state law. There’s no hobby exemption.
• Beer and wine are allowed for home use; spirits are not. That line matters.
• Owning a still isn’t automatically illegal, but using it to distill alcohol to drink without permits is.
• Penalties include federal felony charges, fines, possible jail time, and seizure of equipment.
• Legal paths exist: get a federal TTB distilled spirits plant permit and a California ABC distiller license, or pursue a federal fuel alcohol permit (not drinkable). You can also legally make infusions using store-bought spirits.

What the law actually says in California (2025)

There’s a persistent myth that moonshine is fine if you don’t sell it. It isn’t. Under U.S. federal law, you can’t distill spirits for beverage purposes at home-period. This rule lives with the Alcohol and Tobacco Tax and Trade Bureau (TTB) and in federal statutes. The TTB’s plain-English guidance says home distilling for drinking is illegal. The underlying laws include 26 U.S.C. sections 5171-5179 and 5601-5602, and the regulations live in 27 CFR part 19. None of those carve out a personal-use exception. That exemption exists for home beer and wine, not for spirits.

California follows suit. The state requires a license to manufacture distilled spirits. Making spirits without a state license violates California’s alcohol laws, which the Department of Alcoholic Beverage Control (ABC) enforces. California does have a clear allowance for homemade beer and wine for personal or family use (you’ll see that in state law mirroring the federal carve-out), but it does not extend that grace to distilled spirits.

So where do the lines actually sit?

• Home beer and wine: allowed within limits for personal use under federal rules (27 CFR 24.75 for wine; 27 CFR 25.205 for beer) and under California’s matching allowances. You can’t sell it.
• Home spirits (whiskey, vodka, rum, brandy, etc.): not allowed without full federal and state permits, even if you don’t sell it, even if it’s for a wedding, even if it’s for a science project that somehow “accidentally” tastes like whiskey.
• Owning a still: not automatically illegal in California. People use small stills to distill water or make essential oils. But if you use a still to produce beverage alcohol without proper permits, you’re in illegal territory. Federal law can also require notice or registration if the still is intended for spirits.

If you’re wondering why spirits are treated differently: taxes and safety. Distillation concentrates alcohol. It also concentrates mistakes-think methanol and flammable vapors. The feds tax spirits at a higher rate and want strict controls on who makes them, where, and how records are kept. That’s why the homebrewing freedom for beer and wine stops cold when you get to the still.

Penalties are not a slap on the wrist. At the federal level, 26 U.S.C. 5601-5602 outline felony offenses for unregistered stills and illicit distilling, with potential fines and prison time (up to five years), plus equipment and product seizures. California can tack on state charges for unlicensed manufacture. If law enforcement finds your setup, they don’t leave it there.

Where people get tripped up is the “I’m not selling it” argument. That defense works for homemade wine and beer because the law explicitly allows it. For spirits, the law doesn’t care that you’re not selling-it cares that you’re distilling alcohol for drinking without a permit. That’s the line. No hobby loophole.

Here’s the part that’s often misunderstood: you can legally make liqueurs and bitters at home by infusing store-bought spirits. If you buy legal vodka and infuse it with citrus peels and spices, you’re not distilling; you’re flavoring. That’s lawful for personal use because the alcohol was already taxed and produced under permit. Do not confuse infusion with distillation; they are very different in the eyes of the law.

If you want to go legit and actually distill spirits in California, it’s possible, but it’s a professional-grade process with real oversight. You’ll need federal and state licenses, bonding or financial responsibility, meticulous recordkeeping, and compliance with fire and building codes. This is why you see a wave of licensed craft distilleries instead of backyard stills. By the way, California has specific license types for distillers (for example, a distilled spirits manufacturer and a craft distiller license administered by the ABC). These are business licenses, not hobby passes.

To anchor this in a source trail you or your attorney can check: look at TTB’s home distilling FAQ; federal statutes in Title 26 of the U.S. Code, especially sections 5171 and 5601-5602; federal regulations in 27 CFR part 19; and California ABC’s licensing guidance and the Business and Professions Code regarding manufacturing without a license. Those are the primary sources behind the plain answer you came for.

If you only remember one phrase from this page, make it this: California moonshine law aligns with federal law-no home distilling for drinking, no personal-use exception for spirits.

Legal alternatives that scratch the itch (and how to go legit)

If you were chasing the craft, not the trouble, you’ve got options that keep you creative and legal.

Legal at-home options that don’t require special permits:

• Infusions and liqueurs: Buy a legal, taxed spirit (vodka, brandy, rum) and infuse it with fruit, herbs, or spices. You’re not creating alcohol, just flavoring it. Think limoncello using purchased neutral spirit, or an allspice dram with rum. Label it clearly, keep it for personal use, and don’t sell it.
• Barrel finishing: Start with store-bought whiskey or neutral spirit and rest it in a small, new charred barrel to add oak character. The base spirit is already legal; you’re experimenting with maturation.
• Bitters and tinctures: High-proof purchased alcohol plus botanicals yields bitters and cocktail tinctures. These are infusions, not distillations.
• Non-alcoholic distilling: Use a water distiller or an essential oil still to make hydrosols or aromatic waters. Because you’re not producing ethanol to drink, this stays on the safe side when done correctly.
• Home beer and wine: Perfect your fermentation chops with styles that push boundaries: high-gravity stouts, mixed-fermentation sours, pét-nat cider. California and federal rules allow personal production within limits.

Want to distill spirits legally in California? Here’s the realistic path.

1. Map your business plan. Hobby distilling for personal consumption isn’t a legal category. You’re either producing for commercial purposes under license or not distilling at all. Decide on products, volume, location, and compliance budget.
2. Federal permits with TTB. Apply for a Distilled Spirits Plant (DSP) registration and permit. Expect background checks, review of your floor plan, equipment list, security, recordkeeping methods, and intended operations. The controlling rules are in 27 CFR part 19. TTB also issues Basic Permits under the Federal Alcohol Administration Act for alcohol producers.
3. State licensing with California ABC. You’ll apply for the appropriate distiller license (for example, a distilled spirits manufacturer or a craft distiller license). State rules cover production limits, tastings, direct-to-consumer privileges, and distribution. ABC will vet your premises and your qualifications.
4. Local approvals. Zoning, fire, and building departments will want to see plans for hazardous materials, explosion-proof ventilation, electrical classification, and fire suppression. If your site can’t meet code, you can’t operate.
5. Taxes and bonds. Distilled spirits carry federal excise tax, and in the past, bonds were often required. You’ll file production, storage, and tax returns on a regular schedule. On the state side, you’ll register for appropriate state taxes and keep meticulous records.
6. Recordkeeping and controls. You’ll maintain daily records of mashes, distillation runs, gauging, storage, losses, bottling, and removals. TTB audits are real, and sloppy books are a fast way to lose your permit.
7. Labeling and formulas. Some spirits and flavored products require formula approval. Labels must comply with TTB rules and California labeling laws.

How long does it take? If your location is compliant and your paperwork is solid, a small distillery can still take several months to a year from concept to first legal batch. That timeline stretches if you need a build-out or zoning changes. Budget for permitting fees, consultant time, compliance-grade equipment, insurance, and working capital.

What about a fuel alcohol permit? If your interest is the mechanics of distillation, not drinking, the TTB issues Alcohol Fuel Producer permits. You can legally distill ethanol for fuel use under that federal permit, subject to volume categories and recordkeeping. The catch is simple: you cannot drink it. It must be denatured or otherwise controlled for fuel. California may also require state registrations for fuel production. If your goal is hobby whiskey, the fuel route won’t help.

What about educational workshops? Distilling education is legal when it doesn’t involve illicit production of beverage spirits. Many licensed distilleries and schools run classes using permitted equipment on licensed premises. That’s a great way to learn the craft without legal risk.

If you’re the practical type, here’s a clean decision path:

• If you want to drink something you flavored yourself: do legal infusions with store-bought spirits.
• If you want to practice fermentation and recipe development: brew beer, make wine or cider. All legal at home within limits.
• If you want the science of distillation without ethanol: make hydrosols or distilled water with a countertop still designed for botanicals or water.
• If you want to produce beverage spirits: build a compliant plan and apply for federal and state permits. There isn’t a legal shortcut.

Two pro tips that save headaches:

• Don’t post your unpermitted still on social media. It reads like a confession, and sometimes authorities actually look.
• Don’t “just try a tiny run.” Illegality doesn’t scale with batch size. One run is as illegal as one hundred runs when it comes to distilling spirits without permits.

Quick checks, penalties, and the questions people ask

Here’s a quick self-check you can run before you do anything that involves high-proof alcohol.

Am I legal? A simple checklist:

• Am I making beer or wine at home for personal use within typical household limits? Yes = likely fine under federal and California rules. No = keep reading.
• Am I distilling alcohol to drink? If yes and I’m at home without permits, that’s illegal.
• Do I hold a federal DSP permit from TTB and a California distiller license, and is my site approved by local authorities? If not, I cannot legally distill beverage spirits in California.
• Am I just infusing purchased spirits (no distillation)? That’s legal for personal use.
• Am I distilling non-alcoholic products (water, hydrosols) on equipment not used for beverage alcohol? That’s generally fine.
• Am I pursuing a TTB fuel alcohol permit, and will I denature or control the fuel? If yes, that’s a lawful non-beverage path, but the product is not drinkable.

Penalties and risks in plain terms:

• Federal: Unregistered stills and illicit distilling can trigger felony charges under 26 U.S.C. 5601-5602. Consequences can include up to five years in prison, fines, and seizure of equipment and spirits.
• State: California treats unlicensed manufacture as a violation of its ABC laws, with misdemeanor or greater consequences depending on facts. Expect equipment seizure, fines, and potential jail for serious or repeated violations.
• Insurance and liability: If something catches fire or someone gets hurt, an illegal operation can void insurance coverage and create civil liability.

Mini‑FAQ

Is it legal to make moonshine at home in California if I don’t sell it? No. Federal law bans home distilling of spirits for beverage use regardless of whether you sell it. California does not override that.

Can I own a still in California? Yes, owning a still isn’t automatically illegal. Using it to distill alcohol to drink without permits is illegal. Using it for water or essential oils is generally allowed.

Can I make gin by redistilling store-bought vodka with botanicals at home? No. The moment you redistill-even if you start with legal vodka-you are distilling spirits. That requires federal and state permits.

What about making limoncello from store-bought vodka? That’s an infusion, not distillation. Legal for personal use. Don’t sell it without proper licensing.

What if I only make a tiny amount? There’s no minimum volume that makes it okay. Any home distilling of beverage spirits without permits is illegal.

Can I distill spirits for my own wedding? It’s a lovely idea, but no. The law doesn’t have a special-event exception for unlicensed distilling.

How much beer or wine can I make at home? Federally, the typical guidance allows up to 100 gallons per year per adult (up to 200 gallons per household with two or more adults). California matches the spirit of this allowance. Don’t sell it.

What licenses would I need to distill legally in California? At a minimum, a federal TTB Distilled Spirits Plant permit and a California ABC distiller license for your premises, plus local fire and building approvals. You’ll also handle excise taxes and strict recordkeeping.

Where can I read the rules myself? Check the TTB’s home distilling guidance, 27 CFR part 19 (distilled spirits plants), 27 CFR parts 24 and 25 for home wine and beer allowances, Title 26 of the U.S. Code sections 5601-5602 (penalties), and California ABC licensing statutes and guidance for distillers.

Are there safe ways to learn the craft? Yes. Take classes offered by licensed distilleries or training programs where the production happens on permitted equipment. You’ll learn with none of the legal risk.

Next steps based on your goal

• I want something handcrafted to drink: Start with store-bought neutral spirits and build layered infusions. Keep notes like a distiller would: botanicals, grams per liter, steep time, proof before and after, and tasting notes. You’ll learn palate and process without legal risk.
• I want to nerd out on process: Use a countertop water distiller or an essential oil still for hydrosols. Treat it like a lab: measure inputs and outputs, control temperature, and document results. All legal without making ethanol for drinking.
• I want to become a distiller: Begin with a feasibility study, then talk to your local planning and fire departments to understand site requirements. Consult the TTB’s Distilled Spirits Plant application checklist, then speak with California ABC about the correct license class. Budget for compliance software and hazardous area engineering.
• I was thinking about trying a secret run: Please don’t. The legal and safety risks aren’t worth the experiment. Spend that energy on infusions or classes at a licensed distillery.

One last reality check: Most people who ask if home moonshine is legal just want to make something delicious and personal. You can still do that-just pick a legal approach. Flavor a neutral spirit into a killer amaro. Age a store-bought rye in a 2‑liter barrel and learn how wood chemistry works. Brew a robust porter and condition it on cacao nibs. There’s a wide playground that doesn’t involve felony risk.

Legal note: This article is for general information in September 2025 and isn’t legal advice. Laws and agency policies can change. For decisions that carry risk, read the primary sources and, if needed, talk to an attorney or your local ABC office.