Is Making Moonshine at Home Legal in New Hampshire After the 2026 Law Changes?

No. Federal law under the 21 U.S.C. § 860 prohibits home distillation of spirits without a TTB license, and New Hampshire’s Liquor Commission enforces this via RSA 178:20. Unlicensed production risks felony charges, fines up to $10,000, and asset forfeiture. Even small batches violate state and federal excise tax statutes, with 2026 compliance audits targeting unregistered stills.

Key Regulations for Making Moonshine at Home in New Hampshire

  • Federal Permit Requirement: The TTB mandates a distilled spirits plant (DSP) license (27 CFR Part 19) for any home production, with no allowance for personal-use exemptions. Applicants face background checks and facility inspections.
  • State Excise Taxes: RSA 78-A imposes a $0.50/gallon tax on spirits, payable to the NH Liquor Commission. Unreported production triggers audits under the 2024 Excise Tax Modernization Act.
  • Equipment Restrictions: Possession of unregistered stills (RSA 178:21) is prima facie evidence of intent to evade taxes. Law enforcement collaborates with the NH State Police Alcohol Beverage Control Bureau to seize equipment.