No, distilling spirits without a federal TTB license remains illegal in Mississippi, aligning with federal law under 26 U.S.C. § 5601. State statutes (Miss. Code Ann. § 67-3-1 et seq.) defer to federal prohibition, with the Mississippi Alcoholic Beverage Control Division (ABC) enforcing compliance. Recent 2026 legislative proposals aim to tighten penalties for unlicensed production, including enhanced fines and potential misdemeanor charges.
Key Regulations for Making Moonshine at Home in Mississippi
- Federal Licensing Requirement: The TTB mandates a distilled spirits plant (DSP) permit (27 CFR Part 19) for any ethanol production, even for personal use. Home distillation without this license constitutes a felony under federal law, punishable by up to 5 years imprisonment and $10,000 in fines.
- State Enforcement: The Mississippi ABC actively collaborates with the ATF to investigate unlicensed stills, conducting periodic sweeps in rural counties (e.g., Jones, Lamar, and Forrest). Violations may trigger state-level charges under Miss. Code Ann. § 67-3-71, including asset forfeiture of equipment.
- Equipment Restrictions: Possession of unregistered stills or distillation apparatus is prima facie evidence of intent to produce, per Miss. Code Ann. § 67-3-73. Local sheriffs’ departments may seize equipment without a warrant if probable cause exists, citing public safety risks (e.g., fire hazards, toxic methanol exposure).