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It was always my understanding that a distillation to make whiskey was also legal. I think the law enforcment department is trying to rewrite the laws again to create an illegal crime out of legal acts. Personal use alcoholic beverages do not exclude whiskey, just the alcohol levels for consumption.
When brewing any beverage their is no way to control alcohol content until after the brewing process where is is diluted to legal levels. And apparently this legal still was in the brewing process and not ready for consumption therefore no illegal brewing. Beer and whiskey and wine use the same ingredients and process and they decided to call this beer whiskey just to muddle the law and their rights.
The police are on another fishing spree again that is wasting time and over indulgent court actions.
@ My2Cents
From the description in the article ("dripping into a Mason jar") it sounds like these people were actually distilling spirits, not brewing beer. As far as I understand it, your right, and if you're brewing beer or making wine it doesn't matter what the alcohol content is. It might turn out to be 4% abv or it might turn out to be 10+ abv. I've even heard of breweries making 20+% abv beer.
However, once you start to distill your product (distiller's beer or wash, or possibly a wine product if you're making brandy) then you've crossed over from making legal beer/wine into making a distilled spirit. As the article mentions, to do this you must have a license from both the state and the feds to be able to do this.
So, from what I read in this article the police are certainly not over-reaching or making anything up, and are enforcing the laws as were written by the legislature.
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