The decision challenges a Reconstruction-era law originally intended to prevent Americans from evading federal liquor taxes.
- A federal appeals court struck down a longstanding ban on home distilling, ruling that it does not effectively support tax collection and is therefore unconstitutional.
- While home production of beer and wine has long been legal, distilling spirits at home has been prohibited since 1868, with penalties including prison time and fines.
- The ruling does not immediately legalize home distilling nationwide, as state laws still apply and the federal government may appeal to the Supreme Court.
A federal appeals court just handed a major win to homebrewers.
On Friday, the 5th U.S. Circuit Court of Appeals in New Orleans struck down a nearly 158-year-old federal ban on home distilling, ruling it unconstitutional. According to Reuters, the three-judge panel ruled in favor of the Hobby Distillers Association (HDA), a nonprofit that brought the suit alongside four of its members, who argued that Americans should be free to distill spirits at home for personal enjoyment.
And if you’re thinking, “Hang on, I couldn’t make my own hooch before?” Well, it depends on what you’re making. Federal law already allows home production of beer and wine, but if you wanted to distill spirits, then no, my friend, you couldn’t. That’s thanks to a law that took effect in 1868 during Reconstruction to prevent people from evading the liquor tax. Anyone caught distilling booze at home, which is considered a federal felony, could face up to five years in prison and a $10,000 fine.