YES!
Home brewing is small scale brewing for personal use only. Because the federal government taxes alcohol via excise taxes, home brewers are restricted from selling any beer they brew.
Short history of alcohol beverage regulations in US, and the results of those regulations on home brewing of beer during recent years 1920 to present.
Most of us are aware and know about the prohibition on alcoholic beverages of any kind, by anyone in the 1920’s. And the attempt of enforcing the 18th Amendment to the US Constitution,(ratified January 16, 1919), lasted for thirteen years.
Those thirteen years became the “Roaring Twenties” starting on January 29, 1920 when the Amendment went into effect. At the stroke of midnight, it became illegal for anyone, including in their home, to have a glass of wine with dinner without breaking the law. The Roaring Twenties in the United States was a period of criminal activities, G-men, Flappers, Speakeasies, and Red Hot Jazz.
Red Hot Jazz. Any of the senior citizens reading this (and I mean senior). Remember the songs of Fred and Adele Astaire, Duke Ellington, Ethel Waters, and The Jim Cullum Jazz Band, to name just a few. These were the songs that played on the old Victrola in our family home as I was growing up in the late 30’s and early 40’s.
The 18th Amendment, finally repealed with the ratification of the 21st Amendment in 1933, however while legitimizing home wine making, home beer making were mistakenly left out the legalization.
It was not until October 14, 1978, when President Carter signed H.R. 1337 which created an exemption from taxation of beer brewed at home for personal use. (effective Feb. 1, 1979) This signing by President Carter made home brewing of beer legal in the United States by Federal Law; It was up to each state to pass legislation regulating alcohol.
As a result, we have many variations from the laws governing home brewing of beer. Some States are very vague while others have an exact outline of what is legal with home brew. Some say it can’t leave the residence where were it brewed; others permit transportation to club events or competitions.
Home brewing is legal in every state. The last two states to legalize home brewing were Alabama and Mississippi in their respective 2013 legislative sessions. Federal law allows individual states to prohibit or restrict the production of beer, hard cider, wine or any fermented alcoholic beverages at home.
Alaska permits local governments to make home brewing illegal under the municipal law and is the only state currently exercising the local option.
Note: For legal advice specific to the laws of your state do not refer to the information presented here. Only your state laws and local authorities can be a source of information.