New Mexico Home Wine Making Laws

State Law: Legal Amounts of Homemade Wine

New Mexico 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

Alcohol & Gaming Division
Toney Anaya Building
2550 Cerrillos Road, Second Floor
Santa Fe, New Mexico 87505
Phone: 505.476.4875
Fax: 505.476.4595

Statute Title & Description

Chapter 60 Business Licenses
Article 3A General Provisions Section 3 Definitions

“Alcoholic Beverages” means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but excluding medicinal bitters.

“Spirituous Liquors” means alcoholic beverages as defined in Subsection A of this section except fermented beverages such as wine, beer and ale.

“Wine” includes the words “fruit juices” and means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, that do not contain less than one-half percent nor more than twenty-one percent alcohol by volume;

Article 7A Offenses 5. Manufacture, sale or possession for sale when not permitted by Liquor Control Act; criminal penalty; forfeiture.

It is unlawful for any person to manufacture for the purpose of sale, possess for the purpose of sale, offer for sale or sell any alcoholic beverages in the state except under the terms and conditions of the Liquor Control Act [60-3A-1 NMSA 1978].


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.

About americanwinegrape

American Wine Grape Distributors Inc. AKA A. Silvestro Wine Grape, has been in business for over 5 decades. We are wine enthusiasts just like you and want to share in that enjoyment. This is why we are developing a new and exciting platform for growers, restaurants, sommeliers and home winemakers. Our goal is to bring the wine community together and is the driving force behind our new blog.