Is it illegal to produce moonshine in the state of Utah?

Answer 1

In Colorado it is NOT legal to distill alcohol for personal consumption. The act falls in a category called "Petty Offenses." Specifically, moonshining in Colorado is a Class 2 Petty Offense and it shares this category with violations such as littering, leaving a campfire unattended, water skiing without a life jacket, and riding a bus without paying a fee. If one is caught making moonshine in Colorado, they are subject to a $250 fine.

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However, it is HIGHLY illegal under FEDERAL law to operate an unlicensed distillery anywhere in the US. Federal law provides for higher fines and jail time.

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There are two alcohol distillation permit options to satisfy Federal requirements. The first is a Federal Distilled Spirits Permit. This is the permit obtained by major distillers (i.e. Jack Daniels), and are generally outside the reach of an individual.

The second type of permit is the federal fuel alcohol permit. It is intended for individuals that wish to distil alcohol as a fuel (not for drinking).

The question asked about Colorado law, but it must be understood that Federal law will apply to the states as well. Distilling alcohol for human consumption without a Federal Distilled Spirits Permit is a violation of Federal law. The term "highly illegal" has no actual meaning under the law, but one may find the law listed in 26 U.S.C. 5601 & 5602, and the penalty listed as a fine of not more than $10,000, or imprisonment for not more than 5 years, or both.