I think it's the actual act of distilling the fermented product that's illegal. The fermenting part is ok. At least it is in my State. You're mileage may very, especially if you live in Utah... LOL.
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Nope ~ making the mash is the illegal part. For the most part no one pays attention to folks who make beer for consumption at home. You go out on the block with that stuff and they'll nail you for the mash.
It's the taxes with the federales. The law is the same all over the United States.