If you’re in Texas and wondering whether you can make your own moonshine at home, the straightforward answer is: No, it is still illegal for the general public.
You can ferment beer or wine at home, but distilling liquor even for personal use is illegal unless you have both federal and state permits.
However, the legal landscape is changing fast, and Texas is at the center of a major national shift. A federal court ruling out of Texas and a new Texas House bill could eventually make home distilling legal—but neither change is final yet. Until the appeals process is finished and the Texas Legislature passes a new law, producing moonshine at home remains prohibited.
What the Law Says Right Now
Federal Law (Still in Effect for Most People)
- It is illegal to distill spirits at home without a federal Distilled Spirits Plant (DSP) permit.
- This applies even if you don’t sell it and even if it’s “only a gallon.”
- Distillation without a permit can lead to federal charges, equipment seizure, and fines.
Texas State Law (2025)
- Texas allows adults to brew beer and wine at home for personal use.
- Texas does not currently allow home distilling of liquor (moonshine) without proper permits.
- Selling unlicensed distilled spirits is a serious offense under the Alcoholic Beverage Code.
So, as of early and mid-2025, the law remains strict: moonshine is illegal to make at home.
Major Legal Developments You Must Kno
Both federal and state law are being challenged, and that’s where the situation gets interesting.
Federal Court Ruling — Northern District of Texas (July 2024)
Case: Hobby Distillers Association v. ATF/TTB
What the judge ruled:
- The 156-year-old federal ban on home distilling is unconstitutional.
- The court said Congress overstepped its power with the total ban.
- An injunction was issued protecting the named plaintiffs from prosecution.
But here’s the critical part:
- The U.S. Department of Justice appealed immediately to the Fifth Circuit.
- Because the appeal is active, the ruling is not yet in effect for the public.
- The injunction applies only to the plaintiffs — not to all Texans.
Impact right now: The federal ban technically remains in force until the appeal is resolved.
Texas House Bill 2278 — 2025 Legislative Session
Filed: January 2025 by Rep. Giovanni Capriglione
Goal of the bill:
Allow Texas adults to legally produce up to 200 gallons per year of:
- beer
- wine
- malt beverages
- liquor (moonshine)
for personal or family use, without a permit. This would finally put liquor on the same footing as beer and wine.
Status (late 2025):
- Bill is filed and moving through committees.
- It has not yet passed.
- Proposed effective date is September 1, 2025 — but only if the bill becomes law.
Impact right now: Home distilling is still illegal until HB 2278 is formally passed and signed.
What You Can Do Legally?
- You may legally brew beer or ferment wine at home for personal use.
- You may legally own a still only for water purification, essential oils, or fuel production.
- You may legally buy distilled spirits from licensed retailers or distilleries.
- You may distill alcohol if you hold proper state and federal permits.
What You Cannot Do?
- Distill spirits at home without a DSP permit (still illegal).
- Produce moonshine for yourself, your family, or “just for fun.”
- Sell any distilled spirit without proper licensing.
Bottom Line
Moonshine remains illegal to produce at home in Texas unless you have the proper federal and state permits. But Texas is now at the center of the biggest shift in home-distillation law in a century:
- A federal judge says the ban is unconstitutional, but the ruling is on hold during appeal.
- A Texas bill would legalize up to 200 gallons per year for personal use, but it’s not law yet.
Until those changes become final, Texans should assume that home distilling remains prohibited.
