Is Home Distilling Legal? The Rules by Country

A still holding just 0.5 litres once qualified for Germany’s private distilling exception. On 1 January 2018, that exception ended. Owners could keep their old stills, but could no longer use them to make alcohol.[10]

That small piece of equipment captures the central distinction: owning a still and having permission to produce spirits are different things. Keeping the spirit for yourself does not automatically make production legal. The United Kingdom, Canada and Australia distinguish spirits from home brewing or winemaking; in the United States, Supreme Court review has not created nationwide permission to distil at home. These country summaries reflect the position checked in November 2026.[1][6][7][11][13]

Home distilling rules by country

Start with permission to produce spirits, not whether you plan to sell them. Then check the equipment rules: some depend on intended use, while others require notification or permission above a particular capacity.[10][11][13]

The table distinguishes legislation, official guidance and, for New Zealand, an older newspaper report.

Permission to produce spirits is also distinct from the rules governing a named whisky category. For that wider distinction, see whisky law around the world.

United States: a federal prohibition under court review

“Home production of distilled spirits prohibited” is the explicit heading of section 19.51 of Title 27 of the Code of Federal Regulations. The regulation says spirits may be produced only by a distilled spirits plant registered with the Alcohol and Tobacco Tax and Trade Bureau, usually called TTB. Spirits produced in the United States are also subject to federal spirits tax.[2]

TTB draws a firm line between distilling and home brewing or winemaking. Its guidance says adults may make beer or wine for personal or family use, but federal law “strictly prohibits” making distilled spirits at home. It lists possession of an unregistered still as an offence and says unregistered stills and distilling apparatus are subject to forfeiture.[1]

What the court decisions actually changed

The litigation centres on two statutory provisions. Section 5178(a)(1)(B) of Title 26 bars a distilled spirits plant from a dwelling house or a connected shed, yard or enclosure. Section 5601(a)(6) makes distilling at such a prohibited location a felony.[1][5]

On 10 July 2024, the US District Court for the Northern District of Texas granted the Hobby Distillers Association and member Scott McNutt a permanent injunction against enforcement. The injunction protected those plaintiffs; it did not create a nationwide home-distilling exemption.[4]

A unanimous Fifth Circuit panel affirmed that decision on 10 April 2026, holding that the two provisions violated the Taxing and Necessary and Proper Clauses. Its ruling binds federal district courts in Louisiana, Mississippi and Texas.[3][5]

The Sixth Circuit reached the opposite conclusion. On 21 April 2026, a divided panel upheld the same provisions under the Necessary and Proper Clause. That ruling binds federal district courts in Kentucky, Michigan, Ohio and Tennessee.[3][5]

The Supreme Court agreed to review the Fifth Circuit decision on 19 October 2026. As of November 2026, it has not decided the case. TTB’s home-distilling page still states the prohibition without discussing the court rulings.[1][6]

The proceedings address specific federal provisions, not every federal registration requirement or permission under state law. State law falls outside this comparison. Anyone considering production needs advice covering both the proposed activity and its location, rather than relying on a headline about the Texas litigation.

United Kingdom: domestic use does not exempt spirits

Keeping the finished spirit for yourself does not bring it within the UK’s domestic-use exemption. Section 72 of the Finance (No. 2) Act 2023 exempts alcoholic products from duty when made only for a person’s own domestic use and when they “are not spirits”. That provision took effect on 1 August 2023.[7]

Production approval is a separate requirement. Under section 82(1) of the Finance (No. 2) Act 2023, a person may not produce alcoholic products on premises without HMRC approval unless an exemption under section 84 or 85 applies. Section 89 provides for a penalty for breaching that requirement and makes the products and equipment liable to forfeiture.[8]

HMRC says that, from 1 February 2025, producers need an alcoholic products producer approval, abbreviated to APPA. Its guidance expressly excludes spirits from the own-domestic-use exemption from approval.[9]

Approval to produce and exemption from duty answer different questions; neither establishes the other. Excise and bonded warehouses explains the wider framework.

Canada: the personal-wine exception does not cover spirits

Canada requires a spirits licence to produce or package spirits. Section 60(1) of the Excise Act, 2001, states: “No person shall, except in accordance with a spirits licence issued to the person, produce or package spirits”. Section 62(2) exempts wine made by an individual for personal use, but section 60 has no matching personal-use exception for spirits.[13]

For equipment, intended use matters. Section 61 prohibits possessing a still with the intention of producing spirits unless the person is a licensee, an applicant for a licence, or possesses it for analysis. Ownership alone is not the whole test.[13]

A breach of section 60 can bring imprisonment. Section 214 provides for up to five years on indictment, or up to 18 months on summary conviction.[13]

Germany: the old small-still exception has ended

Since 1 January 2018, German customs, Zoll, says alcohol distillation has been permitted only in Verschlussbrennereien or Abfindungsbrennereien, the two distillery categories named in its guidance. The former private exception for small stills of up to 0.5 litres ended on that date.[10]

The equipment restrictions reach beyond size. Zoll says offering, transferring or possessing equipment intended for non-commercial alcohol production has been prohibited since 1 January 2018, regardless of capacity. Owners may retain old 0.5 litre stills, but may not use them to make alcohol.[10]

Stills intended for other purposes receive different treatment. A buyer acquiring a still for uses such as aroma oils or distilled water must notify the main customs office in writing within three working days if its capacity is above 2 litres.[10]

Australia: a small still is not an alcohol exemption

Distilling alcohol in Australia requires an excise manufacturer licence, whatever the still’s capacity. The Australian Taxation Office also says it does not grant licences to distil spirits for personal consumption: there must be a commercial purpose.[11]

The 5 litre threshold concerns equipment, not permission to make spirits. A still of 5 litres or less may be owned without ATO permission only if it is not used to distil alcohol. Above 5 litres, ATO permission is required to make, move, sell, buy, import or possess the equipment.[11]

Quoting the capacity threshold alone misses that distinction. The ATO’s treatment of non-commercial home-brewed beer does not extend to distilled spirits.[11]

New Zealand and Ireland: what the evidence covers

A NZ Herald report dated 15 September 2011 says a 1996 law change made home distilling legal in New Zealand for personal consumption only. That is the position described by the newspaper; the supplied research did not establish the current statutory provision, so present-day legal permission remains unverified here.[12]

Ireland’s evidence concerns a specific product. Revenue’s Irish Poteen verification checks require the distillery to be licensed in the State and authorised as a manufacturing tax warehouse. Those requirements govern that product’s verification rather than providing a complete answer for every proposed home-distilling activity.[14]

Common mistakes

“Personal use means no licence.” Spirits have different rules from other drinks. The UK domestic-use exemption excludes spirits, Canada’s personal-wine exception does not extend to spirits, and TTB distinguishes spirits from home beer and wine.[1][7][13]

“The Texas case settled US law.” The initial injunction protected the plaintiffs. The appeals courts then reached opposing conclusions, and Supreme Court review remains pending.[3][4][6]

“Any small still is exempt.” Australia’s small-equipment rule depends on not distilling alcohol. Germany ended its former 0.5 litre private-distilling exception in 2018.[10][11]

Where to go next

• US Standards of Identity for Whiskey: distinguish production permission from the rules defining whiskey categories.
• Whisky Law vs Industry Standards: What Is Binding: separate legislation from guidance and voluntary standards.
• Whisky Label Requirements by Country: explore how labelling rules differ by jurisdiction.

Sources

[1] Alcohol and Tobacco Tax and Trade Bureau. Home Distilling. Current guidance, checked November 2026.
https://www.ttb.gov/regulated-commodities/beverage-alcohol/distilled-spirits/penalties-for-illegal-distilling

[2] eCFR. 27 CFR 19.51 Home production of distilled spirits prohibited. Current text recorded in the fact sheet, checked November 2026.
http://www.ecfr.gov/current/title-27/chapter-I/subchapter-A/part-19/subpart-C/section-19.51

[3] Congressional Research Service. Fifth and Sixth Circuits Divided on Whether the Necessary and Proper Clause Authorizes Federal Ban on At-Home Spirit Distilling, LSB11459. 2026.
https://www.congress.gov/crs-product/LSB11459

[4] Congressional Research Service. Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau, LSB11305. 2024.
https://www.congress.gov/crs_external_products/LSB/HTML/LSB11305.html

[5] US Court of Appeals for the Fifth Circuit. McNutt v. U.S. Department of Justice, No. 24-10760. Opinion of 10 April 2026.
https://www.ca5.uscourts.gov/opinions/pub/24/24-10760-CV0.pdf

[6] Associated Press via ABC News. Supreme Court will review Reconstruction-era ban on distilling spirits in homes. October 2026.
https://abcnews.com/Business/wireStory/supreme-court-agrees-to-review-reconstruction-era-ban-distilling-137378297

[7] legislation.gov.uk. Finance (No. 2) Act 2023, section 72: Exemption: production for personal consumption. 2023.
https://www.legislation.gov.uk/ukpga/2023/30/section/72

[8] legislation.gov.uk. Finance (No. 2) Act 2023, Part 2, Chapter 5: Regulated activities and approvals. Enacted version, 2023.
https://www.legislation.gov.uk/cy/ukpga/2023/30/part/2/chapter/5/enacted

[9] HM Revenue & Customs. Alcoholic products technical guide, Section 4: approvals. Guidance covering the regime from 1 February 2025, checked November 2026.
https://www.gov.uk/guidance/alcoholic-products-technical-guide/section-4-approvals

[10] Zoll. Private Herstellung von Alkohol durch Destillation in Deutschland. Current guidance, checked November 2026.
https://www.zoll.de/DE/Privatpersonen/Verbrauchsteuern-im-Haushalt/Brauen-Brennen-Roesten/Alkoholerzeugnisse/Herstellung-Alkohol/herstellung-alkohol.html

[11] Australian Taxation Office. Excise on alcohol. Current guidance, checked November 2026.
https://www.ato.gov.au/api/public/content/0-409f844f-0db1-4ec6-8b23-f87b6b696f1a

[12] NZ Herald. Distilling your own spirits: A drop of the easier stuff. 15 September 2011.
https://www.nzherald.co.nz/aucklander/news/distilling-your-own-spirits-a-drop-of-the-easier-stuff/G42KDWF3RR2GZKRIZXAQ73IVRA/

[13] Justice Laws Website, Canada. Excise Act, 2001, S.C. 2002, c. 22. Consolidated text recorded in the fact sheet, checked November 2026.
https://laws-lois.justice.gc.ca/eng/acts/E-14.1/FullText.html

[14] Revenue, Ireland. Irish Poteen Verification Checks. Edition date not supplied; checked November 2026.
https://www.revenue.ie/en/companies-and-charities/documents/excise/poteen-verification-checks.pdf

This desk-researched article uses the supplied verified fact sheet, distinguishing legislation, judgments, official guidance and secondary reporting.

Last checked: November 2026