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General Category => General Homebrew Discussion => Topic started by: jgregory01 on June 23, 2011, 01:58:42 PM

Title: Can I make whiskey in Florida
Post by: jgregory01 on June 23, 2011, 01:58:42 PM
Hello,

 This may be an old question. I have searched without luck. Does anyone know if it is legal to make whisky or some variant at home? I read the law for Florida and it talks about beer and wine...but nothing harder. Is that the case? You can only make those two legaly? Thanks.
Title: Re: Can I make whiskey in Florida
Post by: ccarlson on June 23, 2011, 02:17:14 PM
It's illegal to distill spirits (w/o a license) in the US.
Title: Re: Can I make whiskey in Florida
Post by: JKL on June 23, 2011, 02:30:59 PM
It's illegal to distill spirits (w/o a license) in the US.

But apparently it's legal to sell everything for someone to make illegally?

http://www.store.homebrew4less.com/Distillers-and-Parts/products/981/

-J.K.L.
Title: Re: Can I make whiskey in Florida
Post by: Slowbrew on June 23, 2011, 02:42:23 PM
It's illegal to distill spirits (w/o a license) in the US.

But apparently it's legal to sell everything for someone to make illegally?

http://www.store.homebrew4less.com/Distillers-and-Parts/products/981/

-J.K.L.

The response I've heard to that question is usually "these systems are used to distill water, not alcohol".

Paul
Title: Re: Can I make whiskey in Florida
Post by: morticaixavier on June 23, 2011, 02:43:14 PM
It's illegal to distill spirits (w/o a license) in the US.

But apparently it's legal to sell everything for someone to make illegally?

http://www.store.homebrew4less.com/Distillers-and-Parts/products/981/

-J.K.L.

This is because it is legal to distill spirits for fuel. I beleive there is still federal permits required but they are inexpensive and easy to aquire. This is from research I did years ago but if I recall correctly there is even a federal tax credit for producing ethanol for fuel purposes.

**EDIT** here is a link to a company that makes home ethanol distillers http://microfueler.com/t-faqpage.aspx#legal
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 03:50:25 PM
You can also use those systems to distill essential oils from plants.
Title: Re: Can I make whiskey in Florida
Post by: a10t2 on June 23, 2011, 04:09:48 PM
You can also use those systems to distill essential oils from plants.

Depending on the plants, it sounds like that could be a gray area too. ;)
Title: Re: Can I make whiskey in Florida
Post by: morticaixavier on June 23, 2011, 04:10:59 PM
You can also use those systems to distill essential oils from plants.

Depending on the plants, it sounds like that could be a gray area too. ;)

Nah you don't need a still for that, just some vodka and an electric stove to reduce the volume after... or so I am told...
Title: Re: Can I make whiskey in Florida
Post by: malzig on June 23, 2011, 04:13:49 PM
Can you make whiskey in Florida?  Yes.
May you make whiskey in Florida?  No.  ;)
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 04:22:16 PM
You can also use those systems to distill essential oils from plants.

Depending on the plants, it sounds like that could be a gray area too. ;)

Nah you don't need a still for that, just some vodka and an electric stove to reduce the volume after... or so I am told...
I thought you were supposed to use butter for that, not vodka? :)
Title: Re: Can I make whiskey in Florida
Post by: a10t2 on June 23, 2011, 04:32:08 PM
I thought you were supposed to use butter for that, not vodka? :)

I think supercritical CO2 is the way to go, actually...
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 04:36:49 PM
I thought you were supposed to use butter for that, not vodka? :)

I think supercritical CO2 is the way to go, actually...
A friend of mine specializes in supercritical CO2, maybe he can send me a system. :)
Title: Re: Can I make whiskey in Florida
Post by: sailortodd on June 23, 2011, 05:30:03 PM
Can you make whiskey in Florida?  Yes.
May you make whiskey in Florida?  No.  ;)
Ha, well put. That takes me back to the first grade
Title: Re: Can I make whiskey in Florida
Post by: hopfenundmalz on June 23, 2011, 05:52:18 PM
At one of the NHC talks the presenter mentioned that you can get a liscense to home distill - to make fuel.  The fuel must have additives that turn the fuel into a poison.
Title: Re: Can I make whiskey in Florida
Post by: maxieboy on June 23, 2011, 06:15:17 PM
At one of the NHC talks the presenter mentioned that you can get a liscense to home distill - to make fuel.  The fuel must have additives that turn the fuel into a poison.

 So it's OK to make poison at home but not spirits...  ::)

Title: Re: Can I make whiskey in Florida
Post by: dbeechum on June 23, 2011, 06:17:31 PM
Can't have you selling the non-poisonous stuff and leeching rightful income away from the state. Oh, and won't something think of the poor blind children who should be getting into Dad's Chivas Regal? :)
Title: Re: Can I make whiskey in Florida
Post by: BrewingRover on June 23, 2011, 06:53:48 PM
Can't have you selling the non-poisonous stuff and leeching rightful income away from the state. Oh, and won't something think of the poor blind children who should be getting into Dad's Chivas Regal? :)
I often marvel that homebrewing wasn't/hasn't been quashed under the same logic. I know the feds are losing a tiny piece of revenue because of my efforts  8)

I went looking for state tax rates and found this PDF. No wonder Alabama doesn't want to legalize homebrew -- the beer tax in 2009 was $1.05 a gallon.
www.cspinet.org/new/pdf/state_rank--jan_2009.pdf
Title: Re: Can I make whiskey in Florida
Post by: hopfenundmalz on June 23, 2011, 06:58:57 PM
At one of the NHC talks the presenter mentioned that you can get a liscense to home distill - to make fuel.  The fuel must have additives that turn the fuel into a poison.

 So it's OK to make poison at home but not spirits...  ::)
One of the several reasons that E85 is 15% gasoline is that you can't drink it. :'(
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 07:55:31 PM
Can't have you selling the non-poisonous stuff and leeching rightful income away from the state. Oh, and won't something think of the poor blind children who should be getting into Dad's Chivas Regal? :)
I often marvel that homebrewing wasn't/hasn't been quashed under the same logic. I know the feds are losing a tiny piece of revenue because of my efforts  8)

I went looking for state tax rates and found this PDF. No wonder Alabama doesn't want to legalize homebrew -- the beer tax in 2009 was $1.05 a gallon.
www.cspinet.org/new/pdf/state_rank--jan_2009.pdf
I think someone needs to make the point to them that the ingredients for a 5 gallon batch of beer - $20 worth of extract, $20 worth of hops, $15 worth of yeast, so $55 in Montgomery would bring in $5.50 in tax, which is $1.10 per gallon.  Let alone the money spent on equipment.

They won't know enough to know that those ingredients would make you a strong hoppy beer and you can make other beer for cheaper, let alone all grain and yeast ranching.  You don't want to overwhelm them with facts and details, they don't seem too fond of those.
Title: Re: Can I make whiskey in Florida
Post by: ccarlson on June 23, 2011, 07:57:40 PM
They don't care what you pay for your beer ingredients, They only care about the taxes they don't get from it.
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 07:59:24 PM
They don't care what you pay for your beer ingredients, They only care about the taxes they don't get from it.
Which part of sales tax collected on the ingredients purchase do you or they not understand?
Title: Re: Can I make whiskey in Florida
Post by: morticaixavier on June 23, 2011, 08:24:55 PM
They don't care what you pay for your beer ingredients, They only care about the taxes they don't get from it.
Which part of sales tax collected on the ingredients purchase do you or they not understand?

yes but they get that sales tax anyway when the brewer (Commercial) buys the ingredients for the beer they sell. so they get tax from a homebrewer based on the ingredients they buy but on commercial beer they get sales tax on ingredients brewer buys plus sales/liquour tax on the drinkers purchase.
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 08:28:27 PM
They don't care what you pay for your beer ingredients, They only care about the taxes they don't get from it.
Which part of sales tax collected on the ingredients purchase do you or they not understand?

yes but they get that sales tax anyway when the brewer (Commercial) buys the ingredients for the beer they sell. so they get tax from a homebrewer based on the ingredients they buy but on commercial beer they get sales tax on ingredients brewer buys plus sales/liquour tax on the drinkers purchase.
It might be state dependent, but most businesses do not pay tax on something that they plan to resell, especially ingredients.
Title: Re: Can I make whiskey in Florida
Post by: BrewingRover on June 23, 2011, 08:32:24 PM
I think I forgot one of these on my post ;)

If you look at that chart, most of the Bible Belt states tax beer pretty heavily. I think Alabama's resistance to homebrewing can be attributed to many other factors.
Title: Re: Can I make whiskey in Florida
Post by: tschmidlin on June 23, 2011, 08:42:47 PM
I think I forgot one of these on my post ;)

If you look at that chart, most of the Bible Belt states tax beer pretty heavily. I think Alabama's resistance to homebrewing can be attributed to many other factors.
You're right, based on all of the dry counties in AL I don't think the tax revenue is that important to them.
Title: Re: Can I make whiskey in Florida
Post by: dirk_mclargehuge on June 23, 2011, 08:48:21 PM
Can you make whiskey in Florida?  Yes.
May you make whiskey in Florida?  No.  ;)
;D

This discussion should be done more discretely.  Big Brother might be listening.

Therefore, the eagle flies at dawn. Repeat, the eagle flies at dawn.
Title: Re: Can I make whiskey in Florida
Post by: ccarlson on June 23, 2011, 09:19:07 PM
Not all states charges sales tax on ingredients, as they are considered food products. I'm not sure about AL.
Title: Re: Can I make whiskey in Florida
Post by: a10t2 on June 24, 2011, 12:24:51 AM
Can you make whiskey in Florida?  Yes.
May you make whiskey in Florida?  No.  ;)
This discussion should be done more discretely.

Yes/no is binary, so I'm pretty sure it's mathematically impossible to be any more discrete. ;D
Title: Re: Can I make whiskey in Florida
Post by: narvin on June 24, 2011, 05:11:13 AM
Can you make whiskey in Florida?  Yes.
May you make whiskey in Florida?  No.  ;)
This discussion should be done more discretely.

Yes/no is binary, so I'm pretty sure it's mathematically impossible to be any more discrete. ;D


Ha!  You managed to be a spelling nazi and make a math joke all in one post... well done  :D

If only there were a plant people in Alabama could grow that naturally produced alcohol.  Because, you can't criminalize a naturally growing plant, right?
Title: Re: Can I make whiskey in Florida
Post by: punatic on June 25, 2011, 09:58:55 AM
The last time we talked about this the thread got locked.  Is Denny on vacation? ;)
Title: Re: Can I make whiskey in Florida
Post by: punatic on June 25, 2011, 10:03:39 AM
Most essential oils are made with steam, with the botanicals held in a retort. Water and oil are separated after condensation.  The condensed water is called hydrosol.
Title: Re: Can I make whiskey in Florida
Post by: dbeechum on June 25, 2011, 05:05:03 PM
The last time we talked about this the thread got locked.  Is Denny on vacation? ;)

I think it's more that last time the conversation was about how to do it. This is more about the fact that it's a no-no to do it.
Title: Re: Can I make whiskey in Florida
Post by: punatic on June 25, 2011, 07:40:21 PM
It is?!   ???

Oops!