It shall be unlawful for any person, firm or corporation to own or control or have in his or its possession any distillery commonly called a still or any integral part thereof. But it shall not be unlawful to own or have in possession a distillery or still in the following circumstances:
(a) Where the same is used exclusively for the distillation of rosin products;(b) Where the same is used exclusively for the distillation of water;(c) Where the same is kept and lawfully used in any laboratory;(d) Where the same is in the possession of any officers of the law, to be disposed of according to law;(e) Where the person or corporation can prove that the same is in his or its possession for the purpose of being delivered up to an officer of the law to be disposed of according to law;(f) Where the same is used exclusively for the distillation of ethyl alcohol to be used solely for fuel purposes.Any person guilty of violating this section shall be guilty of a felony and on conviction shall be confined in the state penitentiary not less than one (1) year, nor more than three (3) years for his first offense, and for his second offense he shall be confined in the state penitentiary not less than five (5), nor more than ten (10) years.
Codes, 1930, §§ 1993, 1994; 1942, §§ 2632, 2633; Laws, 1924, ch. 245; Laws, 1980, ch. 348, § 2, eff. 4/23/1980.