Under Georgia moonshine laws, distilling spirits without a license is a felony punishable by one to five years in prison, and there is no personal-use exception. The rule applies whether you are running a commercial operation or a single hobby still in the backyard. Federal law treats the same conduct as a separate felony, so a single still can produce charges in two court systems at once.
Georgia’s statutes do not actually use the word “moonshine.” The law targets anyone who distills, manufactures, or makes any distilled spirits outside the licensing system in Title 3 of the Georgia Code.1Justia. Georgia Code 3-3-27 – Unlawful Manufacture, Transportation, Receipt, Possession, Sale, or Distribution of Alcoholic Beverages Corn whiskey, vodka, rum, anything distilled; the type does not matter.
Homebrewing Beer and Wine Is Legal; Distilling Is Not
This is where most people get the law wrong. Brewing beer at home in Georgia is legal up to 100 gallons per year in a one-adult household or 200 gallons in a household with two or more adults, with a cap of 50 gallons in any 90-day period.2FindLaw. Georgia Code Title 3 Section 3-5-4 Federal law mirrors those limits for both beer and wine made at home for personal or family use.3Office of the Law Revision Counsel. 26 USC 5042 – Exemption From Tax
Distilling is a different legal category because the process concentrates alcohol rather than fermenting it. No amount of distilled spirits may be legally produced at home in Georgia. The federal Alcohol and Tobacco Tax and Trade Bureau states that producing distilled spirits anywhere other than a TTB-qualified plant can lead to federal felony charges.4TTB. Penalties for Illegal Distilling A small hobby still for “personal use only” is not a legal gray area. It is a felony in both systems.
A separate Georgia statute also makes it illegal to possess, sell, or buy any distilled spirits on which state taxes have not been paid.5Justia. Georgia Code 3-3-29 – Possession, Sale, or Purchase of Distilled Spirits for Which Taxes Not Paid You do not need to touch a still to be charged. Buying a jar of untaxed liquor at a flea market is enough.
State Penalties for Making Moonshine
Manufacturing distilled spirits without a license is the only alcohol offense under O.C.G.A. 3-3-27 classified as a felony. The sentence is a mandatory minimum of one year and a maximum of five years in prison.1Justia. Georgia Code 3-3-27 – Unlawful Manufacture, Transportation, Receipt, Possession, Sale, or Distribution of Alcoholic Beverages The statute itself sets no specific fine, but Georgia’s general sentencing law allows courts to impose fines up to $100,000 on any felony where no fine is otherwise specified.6Justia. Georgia Code 17-10-8 – Payment of Fine in Felony Case
The one-to-five-year range applies per offense. Someone operating more than one still or manufacturing over a long period can face stacked charges.
Possession, Transport, and Sale
Every other offense in O.C.G.A. 3-3-27 is a misdemeanor. That includes possessing illegal spirits, transporting them, selling them, and distributing them, along with reporting failures, false reports, unpaid taxes or license fees, and evasion of any provision of the alcohol code.1Justia. Georgia Code 3-3-27 – Unlawful Manufacture, Transportation, Receipt, Possession, Sale, or Distribution of Alcoholic Beverages Under Georgia’s general misdemeanor sentencing law, each carries up to $1,000 in fines, up to 12 months in jail, or both.7Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors
A single incident often produces more than one charge. Driving a truck full of untaxed jars can bring both a possession count and a transport count, each with its own potential sentence, and a misdemeanor conviction still creates a permanent record.
Equipment and Vehicle Forfeiture
Georgia law declares all equipment used in unlawful distilling to be contraband. Stills, fermenters, tubing, and other apparatus can be destroyed or disposed of as directed by the revenue commissioner, regardless of whether the owner is ultimately convicted.1Justia. Georgia Code 3-3-27 – Unlawful Manufacture, Transportation, Receipt, Possession, Sale, or Distribution of Alcoholic Beverages
A separate statute reaches vehicles. Any car, truck, boat, or other conveyance used to transport, conceal, or store illicit distilled spirits is declared contraband and can be seized by any law enforcement officer.8Justia. Georgia Code 3-10-11 – Contraband Apparatus and Vehicles Forfeiture follows civil procedures, so the state can take the vehicle while the criminal case is still pending. Losing a truck or boat on top of fines and jail time makes the real financial hit from an arrest much larger than the sentencing range alone suggests.
Federal Charges Stack on Top
Getting caught with an illegal still is not just a state problem. Federal agents can bring their own charges independent of anything Georgia prosecutors do.
The core federal statute makes it a felony to possess an unregistered still, produce distilled spirits without authorization, or operate a still on residential property. Each offense carries up to five years in federal prison and a fine of up to $10,000 per count.9Office of the Law Revision Counsel. 26 USC 5601 – Criminal Penalties Federal law also specifically prohibits locating a distilled spirits plant in any residence, or in sheds, yards, or enclosures connected to a residence.4TTB. Penalties for Illegal Distilling That provision alone makes a typical backyard setup a federal felony by default.
Willfully evading the federal excise tax on distilled spirits is a separate felony punishable by up to five years in prison and fines up to $100,000.4TTB. Penalties for Illegal Distilling Possessing liquor or property intended for use in violation of federal alcohol law is a misdemeanor on its own, carrying up to one year in prison and a $5,000 fine. A single operation can generate half a dozen federal counts before state charges are even added.
Federal regulations also require anyone who manufactures, sets up, or possesses a still to register it with the TTB.10eCFR. 27 CFR Part 29 – Stills and Miscellaneous Regulations Failing to register is its own violation. A still kept purely for decoration or water distillation is not automatically illegal, but the registration requirement still applies, and an unregistered still sitting near fermentable material will read as probable cause.
The Legal Route to Making Spirits in Georgia
If you actually want to distill, the path runs through two agencies. A Georgia distillery license costs $1,000 per year plus a $100 non-refundable investigation fee.11Georgia Department of Revenue. License Fees The state application requires a copy of your federal basic permit from TTB, a copy of your local license, and a lease or deed for the distillery location.12Georgia Department of Revenue. Distillery (In-State)
The federal permit is the bigger hurdle. TTB requires every distilled spirits plant to be qualified and permitted before production begins.13TTB. Distilled Spirits Permits The federal application is free but demands detailed information about premises, equipment, operations, and the applicant’s personal and financial background. There is no fee to apply for or maintain a TTB permit.14TTB. Applying for a Permit and/or Registration Approval often takes several months.
Local approval matters too. Georgia counties and municipalities have their own zoning rules and alcohol ordinances, and some dry counties prohibit alcohol manufacturing entirely. State and federal licenses do not override local restrictions, so checking with local government is the first step before buying equipment or signing a lease.
How These Cases Get Made
The Georgia Department of Revenue runs a dedicated Law Enforcement Section inside its Alcohol and Tobacco Division. Those agents enforce the alcohol code and coordinate with local police, sheriffs, and federal agencies.15Georgia Department of Revenue. Alcohol and Tobacco Division Law Enforcement Federal involvement usually comes from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, which has a long history of targeting illegal distilling in the Southeast. When ATF takes a case into federal court, federal sentencing guidelines generally produce harsher outcomes than state court. Joint investigations are common for larger operations or anything involving interstate transport.
Investigations typically start with tips, bulk purchases of sugar or grain, the smell of fermenting mash, or utility records showing unexplained spikes in water or power use. Once officers establish probable cause, they obtain search warrants. Any equipment found is immediately subject to the contraband and seizure provisions, and documentation of every item becomes evidence. Georgia courts have consistently upheld these seizures when warrants are properly obtained, which narrows the room for a defense once a search has already been executed.