@ My2CentsFrom 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.
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.