State Law: Legal Amounts of Homemade Wine
West Virginia laws regarding homemade wine are pursuant to the federal law which states the following:
The aggregate amount of wine exempt from tax under this subsection with respect to any household shall not exceed – (1) 200 gallons per calendar year if there are 2 or more adults in such household, or (2) 100 gallons per calendar year if there is only 1 adult in such household.
State Alcoholic Beverages Control Agency
Alcoholic Beverage Control Commission
900 Pennsylvania Ave., 4th Floor
Charleston, West Virginia 25302
Phone: 304.356.5500
Fax: 304.558.0081
Statute Title & Description
Chapter 60 – State Control of Alcoholic Liquors
Article 1 General Provisions Section 5 Definitions
“Alcohol” shall mean ethyl alcohol whatever its origin and shall include synthetic ethyl alcohol but not denatured alcohol.
“Wine” shall mean any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.
“Alcoholic liquor” shall include alcohol, beer, wine and spirits, and any liquid or solid capable of
being used as a beverage, but shall not include nonintoxicating beer.
“Person” shall mean an individual, firm, partnership, limited partnership, corporation or voluntary association.
Article 6 Miscellaneous Provisions Section 1 & 2 Lawful to possess and manufacture, respectively
The provisions of this chapter may not prevent:
1. A person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;
A person, his or her family, or employee from giving or serving such alcoholic liquors to guests
in the residence, when the gift or service is not for the purpose of evading the provisions of this chapter.
2. A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by section one of this article;
A person from manufacturing and selling wine made from fruit produced by him or her within
this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner.
NOTE: The information presented here is not a substitute for legal advice. For detailed information regarding the laws of your state please contact the state’s governing agency and/or a lawyer licensed to practice in your state.
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