Delaware was so eager to try the Prohibition experiment that the state had already been “dry” except for Wilmington when the Prohibition actually took place. It turned out to be a pretty successful experiment with the creation of ‘Department of Prohibition’ and radical supporters of Prohibition such as ‘Three Gun’ Wilson being in charge of operations. However, in spite of numerous successful raids with the help of citizens and law enforcers, it wasn’t enough to halt the growing production of moonshine. Gradually, mobs increased their operations, law enforcers went corrupt and those like Three Gun Wilson were charged with not honoring citizen rights. All in all, the movement failed and soon people sided with repealing the law.
After the prohibition era, Delaware was among the few southern states that moved to modernize their moonshine laws. Repealing laws prohibiting sales of alcohol did not only benefit the citizens but also brought revenues for the government. Nowadays there are many famous moonshiners spread out in Delaware carrying out their operations legally like Delaware Junior Johnson Moonshine, Tim Smith Moonshine and others.
1. Is owning a still legal?
The statues of Delaware do not convey the legality of owning a still properly. But, it mentions that you can own a still unless and until it is being used or can be used in any way to manufacture distilled spirits. It is also important to understand that the manufacture of bier, cider or wyne for domestic use is not prohibited. (Title 4 § 905)
The statute also states that the manufacture of vinegar or other essential liquids and distilled water is legal without a license but make sure that any sort of distilled spirits or ethanol is not a by-product or else your equipment can be confiscated and fines can be imposed.
Even if you want to produce moonshine for domestic use, you need to get a license from the state and abide by the conditions provided. Laws regarding manufacture of moonshine can be found here.
2. Is it possible to get a “student permit” to distil ethanol as a part of school science assignment?
You do need a permit for distilling ethanol even for educational purposes. But this permit will be issued by the TTB, not the state regulatory agencies. For distilling ethanol at school, your institute needs to get an Alcohol Fuel Plant Permit by contacting them. Or, you can visit other distilleries by contacting TTB who authorize you to visit certified distilleries to carry out your experiments.
3. What kind of a permit do I need to distill ethanol in Delaware?
– Distillery or craft distillery license issued by the state depending on your production. Fees are levied on both of the licenses which can be found here. The form can be obtained by the Delaware Alcohol Board. You also will need to sign a bond of amount recommended by the commissioner.
– A TTB Basic Permit and A TTB Distilled Spirits permit which are free of cost.
No state permit is required to manufacture ethanol fuel in Delaware, although the authorities do require you to submit a copy of your federal TTB permit and federal bond. No state volatility requirements are necessary in an effort in increase its use.
Finally, we are not lawyers, this info is for your entertainment only, so be sure to consult a crafty moonshine laws lawyer before spending any monies on your own distillation plant!
“Remember, the distillation of ethyl-alcohols is illegal without a permit per federal moonshine laws and is inherently dangerous because of ethanol’s flammability (never operate a homemade still indoors). For more moonshine laws and other moonshine still permit information, visit: http://www.ttb.gov/spirits/faq.shtml.”
http://www.ttb.gov/spirits/index.shtml – Alcohol and Tobacco Tax and Trade Bureau, Distilled Spirits
http://date.delaware.gov/index.shtml – Delaware Alcohol and Tobacco Enforcement Official Website
http://delcode.delaware.gov/title4/ – State Statutes Title 4 Alcohol Liquors