No, home production of moonshine remains illegal in Arkansas under both federal and state alcohol laws, with no allowance for personal distillation. The Arkansas Alcoholic Beverage Control Division enforces these prohibitions, aligning with the U.S. Alcohol and Tobacco Tax and Trade Bureau’s strict licensing requirements. Recent 2026 legislative proposals to decriminalize small-batch distillation have stalled, leaving current statutes unchanged.
Key Regulations for Making Moonshine at Home in Arkansas
- Federal Prohibition: The U.S. Code (26 U.S.C. § 5601) criminalizes unlicensed distillation, punishable by fines up to $10,000 and imprisonment. Arkansas courts defer to federal enforcement.
- State Enforcement: The Arkansas ABC Division conducts periodic inspections of licensed facilities but actively prosecutes illegal stills, with penalties including asset forfeiture under Ark. Code Ann. § 5-64-201.
- Permissible Alternatives: Homebrewing of beer and wine is legal under federal law (up to 100 gallons annually per household), but spirits production remains strictly prohibited. Local ordinances in counties like Pulaski and Washington further restrict related activities.
Violations often trigger joint investigations by state and federal agencies, with recent cases in 2025 involving multi-jurisdictional task forces targeting rural stills. Even possession of distillation equipment without a federal permit (Form 5100.24) may constitute probable cause for prosecution. Consultation with an alcohol beverage attorney is advised before engaging in any ethanol-related production.