Making Wine & Brewing Beer at Home (How to Avoid Jail)

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Have you ever considered making your own wine or brewing beer at home? Are you worried that it’s illegal? Let’s discuss the legalities of making wine and brewing beer at home, as well as how MUCH beer and wine you can make.

“The great point is to bring them the real facts, and beer.”

—Abraham Lincoln

Wine and Beer

What kind of beer? Today, we’re only discussing made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals.

What kind of wine? Today, we’re only discussing wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits.

—See HOME PRODUCTION OF WINE OR MALT BEVERAGESTex. Alco. Bev. § 109.21(b)

Some Restrictions on Brewing Beer at Home

The Texas Alcohol and Beverage Commission can restrict the types of ingredients used in this process to prohibit any ingredient it finds detrimental to health or susceptible of use to evade this law.

Just for your peace of mind, wine or malt beverages produced under this section is not an offense if the person making it complies with all provisions of this section and the wine or malt beverages are not distilled, fortified, or otherwise altered to increase their alcohol content.

—See HOME PRODUCTION OF WINE OR MALT BEVERAGES – Tex. Alco. Bev. § 109.21(b)

Head of the Family Brewing Beer at Home

According to Texas law, the head of a family, or an unmarried adult, may produce for their use, or the use of their family, not more than 200 gallons of wine or malt beverages per year.

—See HOME PRODUCTION OF WINE OR MALT BEVERAGES – Tex. Alco. Bev. § 109.21(a)

Additionally, you should know that no license or permit is required for you to produce your family’s 200 gallons of wine or malt beverages.

—See HOME PRODUCTION OF WINE OR MALT BEVERAGES – Tex. Alco. Bev. § 109.21(a)

What About State Fees for Brewing Beer at Home?

It is commonly known that it wasn’t the violent crimes that landed Al Capone in jail, it was the tax evasion. Well have no fear!

Despite the state collecting heavy fees on most alcohol, your home brewed wine or malt beverages aren’t subject to these fees.

—See HOME PRODUCTION OF WINE OR MALT BEVERAGES – Tex. Alco. Bev. § 109.21(c)

With Oktoberfest now being in full swing, and continuing until October 3, 2022, enjoy the festivities, but please brew and drink responsibly.

–Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC – Civil Litigation Division

1101 Broadway, Lubbock, Texas, 79401-3309

Tel: (806) 702-4852 | Fax: (800) 985-9479

[email protected]