White-Collar Moonshine

When he gets off work, John Sherwood, 28, makes whiskey. The culinary school graduate and café manager buys a type of processed corn at a home-brewing store, ferments it with water and yeast, and runs this “mash” through a still. He barrels the resulting corn liquor to age. He’s accumulated 20 gallons that he hopes will be transformed from hootch to mellow whiskey by New Year’s Eve 2009.

“I want to make a quality, higher-end whiskey—not like Jack Daniel’s,” says Sherwood, who, like the other home distillers interviewed for this story, asked that his real name and that of the large Northern California city in which he lives not be used, for fear of federal prosecution.


This moonshine still was bought legally and can be used for distilling water or essential oils.
view larger image

Moonshining, the criminal act of distilling your own spirits, is typically associated with hillbilly rebels from the rural South or bathtub-gin swillers from Gatsby-era Prohibition. But recently, distilling’s become the hobby du jour of urban dwellers with a geeky interest in fine food and drink. Gone are the days of using a car radiator as a condenser and a campfire as your heat source. Many of today’s yuppie moonshiners buy their stills online, and learn how to use them from friends, Web-based forums, and small-press books. And though corn liquor is still a classic, felonious foodies are experimenting with everything from brandy to absinthe. For example, in Berkeley, California, musician Allan Crown, 48, spikes his after-dinner espresso with grappa he distilled from grape seeds and skins left over from a friend’s winemaking.

“We go to these conferences on distilling at Cornell University Cooperative Extension, geared towards commercial distillers and labs, but you’ll get these [moonshiners] who are dedicated, bordering on fanatical, just doing it at home. They’ll come up and want to tell me all about what they’re making,” says Ralph Erenzo, who along with co-owner Brian Lee runs craft whiskey distillery Tuthilltown Spirits, of Gardiner, New York. “They’re coming up with very interesting things.”

Carl Pincher, 50, the Chicago owner of a manufacturing company, is one such tinkerer. Along with cutting-edge home gastronomic projects, like slow-cooking meat sous-vide, he makes his own Calvados, an apple brandy, using a still he created from a 32-quart pot. Taking advantage of tips on the Internet and from a friend in Alsace, France, who makes cherry schnapps (also illegally), Pincher learned how to mash fresh apples, make hard cider out of them, and distill the cider. He’s begun adding his own twist: frozen apple juice from the grocery store mixed in for more apple flavor.

“I’m sure that in a few more years I’ll say, ‘I really make something nice and drinkable,’” says Pincher. “But right now I’m just dabbling.”

A Wild Past

Although the new breed of moonshiners is more likely to stockpile back issues of The New Yorker than firearms, they’re part of a long history of anti-government rebellion. Home distilling, illegal in most other countries (New Zealand being one exception), has had a particularly contentious history in the United States. In the early days of the republic, making whiskey was an important part of local agricultural economies, so much so that the passage of the first federal liquor tax in 1791 sparked a populist uprising. Known as the Whiskey Rebellion, it had to be put down by the National Guard.

Prohibition, in place in the United States from 1920 to 1933, fueled an underground industry of moonshining, centered in the South, that violently pitted bootleggers and smugglers against the federal tax collectors, or “revenuers.” The public suffered not only from a spike in violent crime, but also from the products of unscrupulous distillers, who frequently stretched hootch with alcohol made from sawdust and other dangerous toxins.

Making wine and beer at home became legal after Prohibition ended (wine immediately, beer in 1978), but making spirits without a commercial license remains a federal crime. Getting a commercial license is an expensive and rigorous process.

Periodic attempts to legalize spirit production for personal use (most recently in a bill introduced by U.S. Representative Bart Stupak of Michigan in 2001) have all failed. A spokesperson for the Tax and Trade Bureau, the wing of the federal government that enforces liquor-production laws, refused to offer an opinion as to why. Proponents of home distilling say it’s a matter of money: Liquor is one of the most heavily taxed consumer goods, with 32 percent of the purchase price of a bottle of booze going to state and federal taxes. That’s more than three times the tax on wine, and twice that on beer. Others suspect that moral issues are behind the law’s staying power.

“There’s this mentality of, ‘Beer and wine are good alcohols, and spirits are bad alcohol,’” says Erenzo, of Tuthilltown Spirits.

The new class of home distillers don’t see it that way. “It’s so stupid, because it’s such a fun, interesting thing, and you’re not hurting anyone,” says Ben Andrews, a cooking school instructor in Manhattan. Andrews distills brandy with a piece of lab equipment called a rotary evaporator that he bought on eBay; it uses a change in atmospheric pressure to boil his liquids, rather than heat, allowing him to get what he feels are tastier, “uncooked” flavors from his end product. “It’s really a labor of love, and the yield is so low anyway.”

Most home distillers buy a still (either a pot still or a reflux still), which cost about $500 and are legal to own. That’s because they also serve legal functions, such as purifying water and making essential oils and essences from plants for perfume. Both types of stills work on the same principle: First the “mash,” or your alcoholic base—for example, fermented apple mush for Calvados or fermented corn for corn whiskey—is heated in a pot. When the ethanol (the “good” alcohol you’re trying to isolate) reaches its boiling point of 78°C (172°F), it turns into vapor that collects in another part of the still. As the ethanol vapor cools, it returns to a liquid state. That liquid is your homemade spirit.

On average, five gallons of mash produce about a gallon of 150-proof liquor, which, using the type of small pot still favored by urban enthusiasts, can take as long as three hours.

How Dangerous Is It?

Hootch hobbyists insist that distilling’s dangerous reputation is based on misinformation, or on unsafe backwoods practices they know better than to employ. The common perception is that stills often blow up, or that it’s easy to accidentally produce poisonous liquor that can make you go blind.

“I got my start distilling in my garage at home, and I had these fears,” says Lance Winters, now head distiller at the commercial artisanal distillery Hangar One, in Emeryville, California. “But if you have a lick of common sense, you’re not risking life and limb.”

Methanol, or wood alcohol, a byproduct of distillation along with ethanol, can cause blindness if drunk in massive quantities. But, as Winters and other commercial distillers point out, methanol boils at a lower temperature than ethanol does. This means that home distillers can easily cut a lot of methanol from their end product simply by monitoring the temperature of the mash and dumping the still’s first flush of booze (known in spirits-making parlance as “the heads”), which contains mostly methanol.

“When you buy moonshine from some guy in the mountains, he’s not cutting out the heads,” speculates Erenzo. “The legendary blindness, if it even exists, is the result of drinking impure alcohol.”

Most stills are not highly pressurized pieces of equipment. The hazard is mainly in using a gas burner or other open flame as the heat source (as did backwoods distillers during Prohibition). Like smoking a cigarette at a gas station, exposing an open flame to ethanol creates the risk of explosion. (When touring the Woodford Reserve bourbon distillery in Kentucky, visitors are asked not to use flash, in the unlikely case it could ignite alcohol fumes.) But many popular stills these days plug into an electrical outlet.

“The way most stills blew up in the old days was, the revenuers would cram sticks of dynamite under them,” says Winters.

The biggest risk to high-end home distillers is getting caught. Although busting moonshiners isn’t the concern of local and federal authorities that it once was, there are still serious ramifications if you do get caught: Illegal distilling carries a potential 10-year prison sentence, and if the accused used his house as home base for the crime, it can be subject to civil forfeiture. Last year, there were three federal indictments for illegal liquor production. A spokesperson for the Tax and Trade Bureau refused to discuss details of the cases pending trial. But a Department of Justice press release revealed that one indictment was the result of an undercover sting of a father-son duo allegedly producing and selling whiskey illegally in Missouri. The other two cases were also in the South.

Still, for many hobbyists, these cases belong to a world that feels far removed.

“I know it’s illegal, but so is smoking pot, and people do that all the time and don’t get busted,” says Cameron Black, 26, from Reno, Nevada. Black works in the mortgage industry and has been making rum for the past five years, which he brings to Burning Man and drinks with his campmates at sunset. “I worry about it, but I don’t let it get in the way.”

Many high-end home distillers stress the fact that they’re not out to make money, but rather to further the culinary arts. This appears to make them feel they are standing on higher moral ground—and a safer higher ground.

“You’re allowed to do all sorts of crazy things in this country. I’m allowed to smoke a cigarette before I get on a plane and go bungee jump,” says Andrews, the brandy maker from Manhattan. But it’s illegal for him to make a little glass of brandy with notes of peach and cherry. “There are a huge raft of people who just want to make something delicious. Is that a crime?”

POST A COMMENT |25 Comments

COMMENT

  • How do you get Methanol from Sugar and Yeast again? In which parallel universe is this reaction possible???

    This is why people fear distilling because they rely on 'experts' that don't even know how this works and spread misinformation like this Methanol from sugar and yeast.

    It cant happen and doesnt happen. the ONLY way Methanol can get in to your distillation is if you ADD Methanol to...+READ

    How do you get Methanol from Sugar and Yeast again? In which parallel universe is this reaction possible???

    This is why people fear distilling because they rely on 'experts' that don't even know how this works and spread misinformation like this Methanol from sugar and yeast.

    It cant happen and doesnt happen. the ONLY way Methanol can get in to your distillation is if you ADD Methanol to it. It can not be produced from sugar and yeast.-COLLAPSE

  • our government has no problem taxing us so they can go ahead and spend it for "training excercises" or for Conferrences, just how a big utliliy company ceo would travel on company money and rack up the price of the utilities of consumers ot pay for these unneccasary business trips.

  • wow guys and gals i would have to completely agree with everything being said. i was discharged from the military mid 2011, and while i was in i saw one of the oldest military branches review their perspective on alcohol in the sense that any persons being of legal age to consume alcohol may only be permitted to have (1) six pack of 12oz containers of beer OR (1) 750mL bottle of wine UNLESS said...+READ

    wow guys and gals i would have to completely agree with everything being said. i was discharged from the military mid 2011, and while i was in i saw one of the oldest military branches review their perspective on alcohol in the sense that any persons being of legal age to consume alcohol may only be permitted to have (1) six pack of 12oz containers of beer OR (1) 750mL bottle of wine UNLESS said individual was a Non-Commissioned Officer ranks E-4 through E-5 limit then the limit was doubled. BUT being in possession of any form of spirits or hard liquor would results in military discipline per the Uniform Code of Military Justice at the disgression of the Commanding Officer. A few months prior to my discharge we (adults 21 years age) we were allowed to have (2) 6 packs of 12 oz, (4) 750mL of wine, (1) 750mL of spirit/hard alcohol, or half of each (1) six pack (2) 750 mL of wine and 1 pint of spirit/hard alchohol. I think that if any tax be impossed on spirits it should be at point of sell/distribution/purchase of such items. we as americans don't pay taxes at the start of the year for items we COULD buy or sell, but rather what we purchased that previous year. this would only really go towards if you sell to a MegaDistillery. i mean if you can produce and store anywhere between 100-200 gals of beer or wine a year with no intent of selling then why can't we make 50-100 per year for non profit personal purposes. technology has given us products in which makes the distillation much safer by removing open flames, maybe even offering classes in which teach you the right and wrongs of distilling if safety is such a consern, much like student driver courses for teenagers and it could bring in federal and state revenue if done correctly. it's almost is if corporate america and the federal government are leaving all the revenue to megadistilleries. the reason for taxing and potential imprisionment and fines for illegal moonshining is.............. “This outrageously lavish training conference, which was held on the taxpayer’s dime, is only the tip of the iceberg when it comes to the spending habits of GSA,” Representative John Mica, chairman of the House Transportation and Infrastructure Committee, said today in an e-mailed statement. “This agency is sitting on thousands of underutilized and vacant properties across the country which cost Americans $1.7 billion to operate every year.” WASHINGTON POST APRIL 2012 http://www.washingtonpost.com/business/las-vegas-meetings-cost-prompts-lawmaker-review-of-agency/2012/04/06/gIQAKiGuzS_story.html-COLLAPSE

  • Always happy to have a history major chime in. :)

  • The sinister "Big Oil" angle is, if even true at all, a VERY minor cause of Prohibition. Again, if correct at all, it was probably just a happy side effect for the industry.

    No, Prohibition was the perfect storm of the Great Awakenings/Christian Temperance Movement folks finding empowerment in the political clout of the Progressives.

    You've got to remember, there was a LOT of social theory at...+READ

    The sinister "Big Oil" angle is, if even true at all, a VERY minor cause of Prohibition. Again, if correct at all, it was probably just a happy side effect for the industry.

    No, Prohibition was the perfect storm of the Great Awakenings/Christian Temperance Movement folks finding empowerment in the political clout of the Progressives.

    You've got to remember, there was a LOT of social theory at the time saying that if we could eliminate alcohol, we'd have empty prisons and not a bum on the street. That's not "reduce crime" - that's "empty prisons." A hugely optimistic promise. And it was just Utopian blather that didn't prove correct.-COLLAPSE

  • Fascinating. Didn't know that about the Rockefeller.
    Sounds similar to the reasons why they killed the electric trolleys many years ago.

  • My interest in ethanol is for fuel. I have done alot of research about the why of it all. What I found out is far more sinister than you realize. Prohibition was financed by the oil companies to eliminate a competitor. Early Ford cars were dual fuel. Rockafeller didn't like that. People were making their own auto and tractor fuel in the back yard.

  • Maybe when each State finally realizes that Federal Government has become to greedy and demand they back off, we can actually be self sufficient and make our own liquor, "legally". Not that it would matter anyways. If one desires to make any kind of culinary product, far be it from Government to get their fair share. Just my 2 cents worth.

  • The price of spirit's here in Canada is about the highest in the world...I am all for home brew, all my friends make there own whiskey and beer and it is much better than anything you could purchase at the local liquor store. The technology, education, and common no-how of the average north American means just about anyone can make there own brew at home if they have the time and will.

  • Can one use a home electric water distiller to make some brew? Does it make a difference that the boiler goes up to around 212º?

  • I think that it is ridiculous that people find guns dangerous, people are dangerous. And, I don't understand why I can't make my own alcohol for my own personal consumption. In my state it is legal to have up to 100 gallons of moonshine per year as long as you do not sell it. This reminds me of the marijuana clubs in California. It is legal to have weed for medical purposes in CA but is is...+READ

    I think that it is ridiculous that people find guns dangerous, people are dangerous. And, I don't understand why I can't make my own alcohol for my own personal consumption. In my state it is legal to have up to 100 gallons of moonshine per year as long as you do not sell it. This reminds me of the marijuana clubs in California. It is legal to have weed for medical purposes in CA but is is illegal to have it no matter what on a federal level. Our government needs to quit being so damn greedy and stop putting so many restrictions on us as American citizens who are supposed to be "free" and make our own choices.-COLLAPSE

  • This is interesting. You might want to contact your Congressional Rep. and ask them to support this.

    H.R.3949 - introduced 10/23/2007
    Sponsor: Rep Stupak, Bart [MI-1]
    Status: Referred to the House Committee on Ways and Means.

    Amends the Internal Revenue Code to repeal the prohibition on producing distilled spirits in specified locations, including dwelling houses, sheds, yards, and enclosed...+READ

    This is interesting. You might want to contact your Congressional Rep. and ask them to support this.

    H.R.3949 - introduced 10/23/2007
    Sponsor: Rep Stupak, Bart [MI-1]
    Status: Referred to the House Committee on Ways and Means.

    Amends the Internal Revenue Code to repeal the prohibition on producing distilled spirits in specified locations, including dwelling houses, sheds, yards, and enclosed areas connected with any dwelling house.

    Here's a link,
    http://thomas.loc.gov/cgi-bin/bdquery/D?d110:30:./temp/~bdffAP::|/bss/d110query.html|-COLLAPSE

  • Not to put too fine a point on it, under Federal Law it is illegal to even possess the parts of a still. All speculation suggesting there are loopholes in the law or individual states which permit unlicensed production of spirits amounts to nothing when you are facing legal action, lawyers fees, fines or jail time. Don't kid yourselves, it's just as illegal as growing pot in the backyard. That...+READ

    Not to put too fine a point on it, under Federal Law it is illegal to even possess the parts of a still. All speculation suggesting there are loopholes in the law or individual states which permit unlicensed production of spirits amounts to nothing when you are facing legal action, lawyers fees, fines or jail time. Don't kid yourselves, it's just as illegal as growing pot in the backyard. That said, the laws are arcane, overlapping and provincial. The Fed and the individual States are operating under laws written 75 years ago for another situation. Each State is different. But when it comes down to it, the bottom line is that on the Fed level it's all about the tax revenue; at the State levels it tends to be more a political issue. In both cases the laws are in dire need of revision or wholesale rewrite to reflect the realities of the modern alcohol industry and modern opinions.-COLLAPSE

  • Actually, the thing about methanol is misleading. SOME methanol is produced during fermentation, but it's TINY amounts. SURE methanol can easily blind you and even kill you in small doses - let's say a fourth a cup (rough estimate), but in the fermentation process it's produced in FRACTIONS OF A PERCENT. Home-distillers don't keep the first small amounts that come out of the distiller for safety,...+READ

    Actually, the thing about methanol is misleading. SOME methanol is produced during fermentation, but it's TINY amounts. SURE methanol can easily blind you and even kill you in small doses - let's say a fourth a cup (rough estimate), but in the fermentation process it's produced in FRACTIONS OF A PERCENT. Home-distillers don't keep the first small amounts that come out of the distiller for safety, BUT REALLY YOU DON'T EVEN NEED TO DO THAT.

    All the things that happened during prohibition with people being blinded and killed were from VERY stupid practices. Like using old equipment from other machinery (such as car radiators) that still HAD OTHER CHEMICALS in them, and adding OTHER CHEMICALS like antifreeze or LYE.

    But if you just use fruit/mash and distill it using appropriate, non-reactive equipment (i.e. not lead pipes - and clean steel or copper or aluminum equipment), it's PERFECTLY SAFE.

    Sorry for the over-use of capitalization, I'm just trying to stress that the whole danger thing from distillation is a lot of hoopla.-COLLAPSE

  • I have a friend who has a source for some awesome peach moonshine - but it's surprisingly expensive at $100 a gallon. It's really good, though.

  • Lessley ~

    Nicely done. In the twenty or so years I've been sniffing out local liquors and subrosa hooch, I've seen a conceptual shift from the secretive old Scots-Irish traditions of the southeast to a more open (though nonetheless illegal) renaissance in home distilling.

    For the better part of the last four years, I traveled around the US interviewing extralegal distillers for "Moonshine!"...+READ

    Lessley ~

    Nicely done. In the twenty or so years I've been sniffing out local liquors and subrosa hooch, I've seen a conceptual shift from the secretive old Scots-Irish traditions of the southeast to a more open (though nonetheless illegal) renaissance in home distilling.

    For the better part of the last four years, I traveled around the US interviewing extralegal distillers for "Moonshine!" (Lark, March 2007), a book that tries capturing that shift - part history and part how-to (yes, there are still designs and plenty of recipes collected from the field and in some cases adapted for novice distillers). Despite learned assurances to the contrary, moonshining is alive and well in the US.

    The former moonshine belt throughout the southeast may be home to fewer old school moonshiners, as some have said, but I’ve come to believe there isn’t a community in North America that doesn’t host at least a few handcranked liquor enthusiasts and practitioners.

    Home distillers liquor-making seems more often based on the sentiments that inform home- and craft- brewing and "foodie" culture than traditions handed down still-side by kinfolk. Of the 30+ distillers I interviewed, none sold the products - it was all for friends and family, perhaps bartering or just plain showing off to like-minded gearheads, labrats, brewers, and tinkerers.

    In the next few years, you can expect to see a lot more private-label liquor at dinner parties, pig pickin’s, cheese tastings, chocolate courses, and cookouts – moonshine might not be legal in our lifetimes, but it is back and, for the first time in a very long while, it’s good again.-COLLAPSE

  • The tax thing was set up as kind of a Catch-22. You can go to the tax collector and anonymously pay your taxes so when you get caught you go to prison for making moonshine not tax evasion. But the funny thing about it is all the tax money goes to law enforcement to help catch moonshiners. Look it up! Funny stuff.

  • jimmyjo- I think the intent of setting up the "tax collection" office was to stick moonshiners with a hefty tax bill when they're caught. Kind of a Catch-22.

  • I understand legislating not being able to sell homemade spirits, but I don't think it should be illegal to moonshine itself. Moonshining is hardly as dangerous as owning a gun, and that's a constitutional right. I think certain attitudes need to be changed regarding hard alcohol, so that it can be viewed in light of culinary taste and connoisseurs (like beer and wine). Many people, myself...+READ

    I understand legislating not being able to sell homemade spirits, but I don't think it should be illegal to moonshine itself. Moonshining is hardly as dangerous as owning a gun, and that's a constitutional right. I think certain attitudes need to be changed regarding hard alcohol, so that it can be viewed in light of culinary taste and connoisseurs (like beer and wine). Many people, myself including, think that whiskey (or rum or vodka) tasting can be just as refined as enjoying wine.-COLLAPSE

  • that is what I was trying to get across

  • Careful there jimmyjo. Regardless of state law, distilling alcohol without a permit is a federal crime. Selling it is also a federal crime.

    http://www.atf.gov/alcohol/info/faq/genalcohol.htm

  • You can make hooch in about any state, and if you don't sell it you will only get busted for making hooch, and not tax evasion, but you better have rock solid records to prove how much you made and what you did with it. Other Interesting fact: In the south they have passed a law that has set up a tax collection office that will let you pay your taxes on your illegal hooch namelessly, so when you...+READ

    You can make hooch in about any state, and if you don't sell it you will only get busted for making hooch, and not tax evasion, but you better have rock solid records to prove how much you made and what you did with it. Other Interesting fact: In the south they have passed a law that has set up a tax collection office that will let you pay your taxes on your illegal hooch namelessly, so when you get busted atleast you have paid you taxes!!-COLLAPSE

  • Well done Lessley! Reminds me of my wacky relatives in Norway who all seem to have a still in the basement. Naturally Norwegian hootch pairs nicely with pickled herring.

  • Actually, that is not true.

  • Interesting Fact: In most states it is perfectly legial to make Moonshine out of just about anything, with in reson, as long as you don't sell any of it.