Slate’s Explainer column plumbed still waters last week, pondering why moonshine continues to be against the law in the United States. Plenty of people make their own beer at home, a hobby that was finally given the post-Prohibition green light with the passage of a 1978 bill allowing 100 gallons of home-brew per adult per household a year—enough to tip over the hardiest tippler (although some states, including Alabama, still outlaw making beer or wine at home). So what’s the difference when it comes to spirits?
The explanation, as one might expect, is a mixture of money, politics, and health concerns. The federal government collects a tidy sum in excise taxes on liquor. States want to control distribution and regulate the quality of the stuff (moonshine is often high in lead, which leaches from the equipment used to make it).
With artisan distillers becoming more popular, though, interest in moonshine may be on the rise—and it may be worth shining a light on the laws governing the libation.
A couple of years ago, I was at a music festival in North Carolina. We were having a couple of beers and doing some “parking lot pickin’ ” when the rent-a-cop walked over. We hid our beers as best we could. He asked us, “Do you boys drink?” Well, we were caught, so we figured we might as well be honest with him. To our surprise, he asked us if we’d like a little home brew. We did. He got us some. YEE HAW!!! Good stuff!