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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a Florida resident, and interested in operating a moonshine

Resolved Question:

I am a Florida resident, and interested in operating a moonshine still on my property. The product would be made for personal consumption, and no plans to sell for profit. Is there a way to "legally" produce moonshine in florida? If so how much product may I have on hand at a time, and what legal documents are needed?

Thank you for you time and help.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
According to the Beverage Law Enforcement chapter of Florida's Alcoholic Beverages and Tobacco code, possession,ownership or control of any moonshine in an amount less than a gallon would be a misdemeanor and more than a gallon would be a felony.

Moonshine is just plain illegal in Florida.

See below:

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.--

(1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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