No, Delaware law prohibits the production, possession, or distribution of distilled spirits—including moonshine—without a state-issued license. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) enforces strict penalties under Title 4, Chapter 5 of the Delaware Code, aligning with federal regulations from the TTB. Recent 2026 compliance shifts emphasize enhanced penalties for unlicensed distillation, including felony charges for repeat violations.
Key Regulations for Making Moonshine at Home in Delaware
- Licensing Requirement: State law mandates a Distilled Spirits Manufacturer’s License (Title 4 § 501) for any home-based distillation, with no exceptions for personal use. Unlicensed production is a Class E felony under § 507.
- Federal Override: The Alcohol and Tobacco Tax and Trade Bureau (TTB) prohibits home distillation under 26 U.S.C. § 5601, overriding state permissiveness. Delaware defers to federal enforcement, as seen in recent DATE-TTB joint operations.
- Equipment Restrictions: Even licensed stills require TTB approval (27 CFR § 19.61), and Delaware inspectors may seize unregistered equipment. Homemade stills are presumed illegal unless pre-approved for educational or research purposes under limited exemptions.