No. Home production of moonshine in New Mexico violates federal and state alcohol laws, with no legal exemptions for personal distillation. The New Mexico Regulation and Licensing Department’s Alcohol and Gaming Division enforces strict penalties, including fines up to $10,000 and potential felony charges under the state’s 2023 Alcohol Beverage Control Act amendments. Local law enforcement, particularly in rural counties like San Juan and Bernalillo, actively targets unlicensed distillation operations, citing public safety risks and tax evasion concerns.
Key Regulations for Making Moonshine at Home in New Mexico
- Federal Prohibition: The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) prohibits home distillation under 26 U.S. Code § 5601, classifying it as a felony punishable by up to 5 years imprisonment and $10,000 in fines. New Mexico aligns with federal enforcement through its Liquor Control Board.
- State Licensing Barrier: The New Mexico Regulation and Licensing Department (RLD) requires commercial distilleries to obtain a Class A or B liquor license, with no provisions for personal or hobbyist production. Violations trigger administrative hearings and potential revocation of unrelated liquor permits.
- Local Enforcement Trends: Rural sheriff’s departments, supported by the New Mexico Department of Public Safety’s 2026 rural task force, prioritize moonshine interdiction due to documented links to organized crime and methanol contamination cases, such as the 2024 San Miguel County methanol poisoning incident.