No, Montana law prohibits home distillation of alcohol without a federal permit, aligning with the 21st Amendment and state liquor statutes. Federal law under 26 U.S.C. § 5601(a)(1) and Montana’s Alcoholic Beverage Control Act (Title 16, Ch. 4) criminalize unlicensed production, with penalties including fines up to $10,000 and imprisonment. The Montana Department of Revenue’s Liquor Control Division enforces these rules, and recent 2026 draft regulations propose stricter penalties for high-proof spirits exceeding 16% ABV.
Key Regulations for Making Moonshine at Home in Montana
- Federal Permit Requirement: Home distillation requires an ATF permit (Form 5100.24), which Montana’s Liquor Control Division does not waive. Unpermitted production violates 27 CFR § 19.51.
- State Prohibition on Sales: Even if permitted, selling homemade spirits is illegal under MCA 16-4-107, with mandatory license revocation for violations.
- Equipment Restrictions: Possession of stills or distillation apparatus is prima facie evidence of intent to produce, per MCA 16-4-108, unless used for fuel or industrial purposes with prior approval.
Local law enforcement, including the Montana Highway Patrol’s Alcohol Beverage Control Unit, conducts periodic compliance sweeps targeting unlicensed stills. The 2026 proposed amendments to MCA 16-4-109 would classify repeat offenses as felonies, aligning with federal sentencing guidelines for tax evasion.