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.
State/Country relating to Question: Florida
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 TOBACCOChapter 562 BEVERAGE LAW: ENFORCEMENT562.451 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. _____ If I've helped, please click the green Accept button so I can get credit for my work. 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.
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).