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White-Collar Moonshine

The urban gourmet gets into home distilling

By Lessley Anderson

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?”

Lessley Anderson is senior editor at CHOW.

Published March 02, 2007

Comments

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.

Actually, that is not true.

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.

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!!

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/g...

that is what I was trying to get across

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.

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.

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.

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.

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.

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.

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.

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...

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.

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?

What do you think?

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