A bill to allow West Virginia residents to make liquor at home for themselves and family members that passed the House of Delegates would run afoul of federal law. “Federally, there is no personal use exemption for spirits (unlike for wine and beer). Changes to state law won’t change the federal prohibition,” Thomas K. Hogue, spokesman for Alcohol & Tobacco Tax & Trade Bureau.
The proposed West Virginia statute would allow people over the age of 21 to make up to 50 gallons of liquor at home in a year. If there are two or more people over 21 living in a household, families can make up to 100 gallons of liquor per year. It’s already legal for West Virginians to make beer and wine at home.
The proposal bans the sale of any liquor made at home. A similar bill passed the House last year but failed in the Senate.