OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 13 Bill Analysis
135th General Assembly
Click here for S.B. 13’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Hoagland
Effective Date:
Jeff Grim, Research Analyst
SUMMARY
 Allows a person to distill homemade spirituous liquor via the use of a still without
obtaining a liquor permit, which is generally required for alcoholic beverage
manufacturers, if certain conditions apply, including the person does not sell the
homemade spirituous liquor.
 Authorizes a person to conduct certain activities regarding homemade spirituous liquor,
including:
 Using the spirituous liquor distilled by the person for personal consumption; and
 Serving the spirituous liquor without a liquor permit to the person’s family, neighbors,
co-workers, and friends on private property in Ohio.
DETAILED ANALYSIS
Home distillers
Manufacturing
The bill allows a person to distill homemade spirituous liquor1 via the use of a still without
obtaining a liquor permit if certain conditions are met. Specifically a person may distill homemade
spirituous liquor if both of the following apply:
1. The person does not sell homemade spirituous liquor or offer homemade spirituous
liquor for sale.
2. The person annually distills homemade spirituous liquor in either of the following
amounts:
1 Spirituous liquor is all intoxicating liquors containing more than 21% alcohol by volume.
January 18, 2023
Office of Research and Drafting LSC Legislative Budget Office
a. Up to 100 gallons if the person’s household has only one person who is 21 or older;
b. Up to 200 gallons if the person’s household has two or more persons who are 21 or
older.2
The bill states that notwithstanding any contrary state laws, a person may possess a still
or any items used to operate a still to distill homemade spirituous liquor in accordance with the
bill. Current law prohibits a person from manufacturing spirituous liquor without a liquor permit.
A still is an apparatus used for, or which is capable of, distilling spirituous liquor.3
Other authorized activities
The bill allows a person who distills homemade spirituous liquor to do all of the following:
1. Use homemade spirituous liquor distilled by the person for personal consumption;
2. Serve homemade spirituous liquor without a liquor permit to the person’s family,
neighbors, co-workers, and friends on private property in Ohio; and
3. Ship homemade spirituous liquor without a liquor permit to the primary residence of the
person’s family, neighbors, co-workers, and friends, provided the primary residence is in
Ohio.4
Background – federal law
Federal law prohibits individuals from producing distilled spirits at “any dwelling house,
including any shed, yard, or inclosure connected with any dwelling house.” Further, distilling of
spirits is only allowed at a registered distilled spirits plant.5 If an individual produces distilled
spirits in a place other than an Alcohol and Tobacco Tax and Trade Bureau-approved plant, the
individual might be violating federal law and subject to federal penalties.
HISTORY
Action Date
Introduced 01-11-23
ANSB0013IN-135/ks
2 R.C. 4301.202(A)(1) to (3) and (B).
3 R.C. 4301.202(A)(4) and (D) and R.C. 4301.58(B), not in the bill.
4 R.C. 4301.202(C).
5 26 United States Code 5171 and 5178.
P a g e |2 S.B. 13
As Introduced