An Act to Allow a Home Distiller to Distill and Share Homemade
Maine Legislature, Session 132, LD 0631
Sponsors: SCHMERSAL-BURGESS, MARTIN
Amends: 28-A MRSA §1358

Legislative Document
No. 631
H.P. 399
House of Representatives, February 25, 2025
An Act to Allow a Home Distiller to Distill and Share Homemade 
Spirituous Liquor
Received by the Clerk of the House on February 20, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SCHMERSAL-BURGESS of Mexico.  (BY REQUEST)
Cosponsored by Senator MARTIN of Oxford and
Representatives: BAGSHAW of Windham, HALL of Wilton, HENDERSON of Rumford, 
LAVIGNE of Berwick, LYMAN of Livermore Falls, OLSEN of Raymond, PERKINS of 
Dover-Foxcroft, SOBOLESKI of Phillips.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §1358 is enacted to read:
§1358.  Home distillery establishments
1.  Definitions.  For purposes of this section, the following terms have the following 
meanings.
A.  "Home distillery" means a distillery located in a dwelling or on property connected 
with a dwelling, including, but not limited to, a shed, yard or enclosure.  For purposes 
of this paragraph, "dwelling" means a residential structure, including, but not limited 
to, a house, individual condominium unit, mobile home or trailer, if it is used as a 
residence.
B.  "Mash capacity" means the volume of a mash tun, which is the vessel used to mix 
crushed grains and water to begin the brewing process.
C.  "Proof gallon" means one liquid gallon of spirits that is 50% alcohol at 60 degrees 
Fahrenheit.
2.  Personal use allowed.  Notwithstanding chapter 83, the owner of a home distillery 
may produce distilled spirits solely for personal use, including, but not limited to, personal 
consumption, serving the product to the owner's family members and guests to be 
consumed on the premises where the home distillery is located or shipping the product to 
the owner's family members and friends.
3.  Prohibitions.  The owner of a home distillery may not:
A. Have on the premises of the home distillery stills or distilling apparatuses that have 
a mash capacity of more than 15.5 gallons;
B.  Produce more than 24 proof gallons of distilled spirits per person 21 years of age 
or older residing on the premises where the home distillery is located in a calendar 
year;
C.  Produce more than 48 proof gallons in a calendar year; or
D.  Sell or offer for sale any spirits produced in the home distillery.
4. Violation.  Violation of this section is a Class E crime.
SUMMARY
This bill allows the owner of a home distillery to produce distilled spirits solely for 
personal use, including, but not limited to, personal consumption, serving the product to 
the owner's family members and guests to be consumed on the premises where the home 
distillery is located or shipping the product to the owner's family members and friends.
The bill prohibits the owner of a home distillery from having on the premises stills or 
distilling apparatuses that have a mash capacity of more than 15.5 gallons; producing more 
than 24 gallons of distilled spirits per person 21 years of age or older residing on the 
premises where the home distillery is located in a calendar year; producing more than 48 
gallons in a calendar year; or selling or offering for sale any spirits produced in the home 
distillery.  The bill specifies that a violation of these provisions is a Class E crime.