Committee Votes in Favor of Home Distilling Law Despite Opposition from Four Skeptical Reps

Maine’s Committee on Veterans and Legal Affairs voted in favor of a bill legalizing home alcohol distilling with a positive, “Ought to Pass as Amended,” recommendation on Wednesday, despite opposition from three committee Democrats and one Unenrolled representative.

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The Republican-led bill, LD 631, sponsored by Rep. Tammy Schmersal-Burgess (R-Mexico) at the request of a constituent, drew support from nine Republican co-sponsors.

Despite the lack of Democratic co-sponsors and the opposition from four committee members, the bill received strong bipartisan support with an ultimate 8-4 “Ought to Pass as Amended” vote.

Reps. Anne Graham (D-North Yarmouth), Sharon Frost (U-Belgrade), Sean Faircloth (D-Bangor), and Marc Malon (D-Biddeford) all opposed the bill, while the rest of the committee, except Sen. Jeff Timberlake (R-Androscoggin), who was absent, supported the bill.

Under the bill, everyday Mainers would be able to set up a home distillery and produce spirits for their own enjoyment. They would also be able to serve the spirits to family and friends visiting the home with the still.

During the work session, Sen. Hickman pointed out that he already knows Mainers distilling liquor at home, and that he is generally in favor of decriminalizing things that don’t need to be outlawed. He was also a champion of marijuana legalization.

The original bill text would have allowed them to “ship” the spirits to family and friends, leaving the precise meaning of “ship” undefined, but the amended version that received majority committee support struck references to transporting the liquor off-site.

The bill does not permit the sale of home-distilled spirits and requires distillers to produce no more than 48 gallons of spirits per year, with that quantity reduced to 24 gallons per year for households with only one inhabitant over 21 years of age.

During the public hearing held last week, the committee heard testimony from multiple agencies and organizations opposed to the bill, warning of the potential dangers of home distilling and arguing that it remains federally illegal.

Maine Center for Disease Control Director Dr. Puthiery Va testified against the bill on behalf of the Department of Health and Human Services (DHHS).

“There is correlation between increased access to alcohol and related health and safety risks even to those who are of age and consider themselves to be moderate drinkers, including but not limited to cancers, impaired driving, crime, violence, and injury,” said Va.

“As written, provisions and restrictions provided in this bill appear difficult to enforce and will mean increased risk for additional harms such as overserving, furnishing of alcohol to youth, and an increase in the dangers inherent in the distillation process when not done properly,” she added.

She argued that allowing spirits not subject to Maine’s existing alcohol regulatory framework could increase the risk of unintentional poisoning and fires.

Interestingly, Va cited information claiming that when less effort is needed to obtain alcohol, over-drinking is more likely. It seems unlikely that setting up an entire distillery, acquiring ingredients, and making the product safe for consumption involves “less effort” than going to a store to purchase a spirit.

Maine’s Department of Administrative and Financial Services opposed the bill on the grounds that home distilling is federally illegal, even though Maine has already legalized home-growing limited quantities of marijuana, and that drug remains federally illegal.

The Distilled Spirits Council of the United States also opposed the bill, citing federal law, but focusing on the potential health hazards of consuming improperly distilled spirits.

“The process of distillation is incredibly complicated, and the liquid that results from distillation not infrequently results in tragic consequences, such as blindness and death, if made improperly or illicitly,” the group said.

They also warned that improper management of the distillery during the distilling process can lead to explosions.

Harris Van Pate submitted testimony in favor of the bill on behalf of the Maine Policy Institute, touting the legislation as a boon for personal freedom and a possible driver of economic growth.

“LD 631 represents a balanced approach to expanding personal freedoms while ensuring public safety. By allowing home distillation for personal use, Maine honors the
principles of individual liberty, supports local economies, and joins other states in
embracing responsible legislative progress,” said Van Pate.

He argued that home distilling could drive innovation and lead hobbyists to start commercial distilleries, stimulating Maine’s economy.

His testimony pointed to other states with similar laws, such as Massachusetts and Arizona, that have not experienced legal issues despite home distilling being federally illegal.

A New Hampshire law approved last year went into effect on January 1, allowing home distilling in limited quantities in that neighboring state as well.

Full Disclosure: The Maine Wire is a project of the Maine Policy Institute