A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.
They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.
The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine.
Nothing is going to change, there won’t be any more stills blowing up in the future than there have in the past.
People who wanted to do this were already doing it. This just makes it legal. I doubt there were too many out there that wanted to, but we’re holding off because of the law, and now they can indulge.
Exactly. People are already out there distilling. This will help open up discussion and education about home distilling making it even safer. Is good.