Unlike wine or beer, the laws and regulations governing distilled spirits contain no provision that would allow someone to produce spirits in their home for personal use. Under 26 U.S.C. Section 5171 operations as a distiller, warehouseman or processor may be conducted only on the bonded premises of a qualified distilled spirits plant. To qualify such a plant, a registration, application for permit and bond must be filed in addition to other supporting organizational documents. 26 U.S.C. 5178 places restrictions on where a plant can be located.

Merely producing drinkable distilled spirits without a license is a federal offense. Homebrewing and home wine making are legalized by federal law unless a state law keeps it illegal. Law also states that all stills in the US are limited to 1 gallon for use to purify water or extract oils from plants. Anyone who produces a still must register with ATF and TTB the name and address of who they sold it to.