State Overview state laws

Delaware has no specific laws against owning a still, unless that still is used to manufacture illegal spirits. Residents of Delaware do have the right to make beer and wine for personal use but not for resale.

Delaware residents can also distill essential oils, water, vinegar, etc. without a license as long as it does not produce consumable alcohol.

Del. Code Ann. tit. 4, ยง707
  • (a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be offered for sale.
  • (b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.
  • (c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.
  • (d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not "home-manufactured beer or wine" for purposes of this section, and all commissioner regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages.

Fuel manufacturing state laws

The state of Delaware does not require any type of state permit to produce ethanol fuel but do require copies of your federal license and bond.

Legal manufacturing licenses & regulations

Delaware offers both licenses for distilleries and micro "craft" distilleries.

List of all licenses

The biennial license fee for distilleries is based on annual production.

  • For the first 500 gallons: $100
  • For the next 5,000 gallons: 6 cents per gallon
  • For the next 10,000 gallons: 4.5 cents per gallon
  • For the next 50,000 gallons: 3 cents per gallon
  • For the next 100,000 gallons: 1.5 cents per gallon
  • For each gallon over 165,500: 0.75 cents per gallon
  • To operate a craft distillery

  • The biennial license fee to operate as a craft distillery is $1,500.
  • Craft distillerys are allowed to sell one case per day, to each customer for off site consumption.
  • 750,000 proof gallons of distilled spirits in any calendar year;
  • There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.

    You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit.

    This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant

    For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license.

    Posession stills & moonshine

    • You can own a still, but it cannot be used to distill spirits.
    • Home made beer and wine can be owned, crafted and transported, but the laws specifically say High concentrated beers and wines (which I assume means distilled) cannot.

    Federal laws

    Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.

    This means legally you can:

    Each state and even counties have their own laws that may supersede federal laws.

    It is your responsibility to know the laws in your area.