No, distilling spirits at home in Virginia remains illegal under federal law, despite state-level decriminalization efforts. The Alcohol and Tobacco Tax and Trade Bureau (TTB) enforces 26 U.S. Code § 5601, which prohibits unlicensed distillation. Local enforcement aligns with this federal mandate, and recent 2026 compliance directives from the Virginia Department of Alcoholic Beverage Control (ABC) reinforce penalties for non-commercial production.
Key Regulations for Making Moonshine at Home in Virginia
- Federal Prohibition: 26 U.S. Code § 5601 criminalizes unlicensed distillation, with penalties including fines up to $10,000 and imprisonment for repeat offenses. The TTB actively monitors non-commercial stills, including those sold for “educational” purposes.
- State Enforcement: The Virginia ABC collaborates with federal agencies to investigate illegal distillation operations. Local ABC offices conduct periodic inspections of rural properties, particularly in counties with high historical moonshine activity (e.g., Franklin, Patrick).
- Permitted Alternatives: Virginia allows home production of beer and wine (up to 100 gallons annually per household) under federal guidelines, but spirits distillation remains strictly prohibited. Licensed distilleries must adhere to ABC-issued permits and pay excise taxes.