Court Overturns 158-Year-Old Ban on Home Distilling

Federal Court Overturns 158-Year Ban on Home Distillation

On Friday, a federal appeals court ruled against a 158-year prohibition on home distillation, saying it exceeded Congress’ authority concerning taxation.

The U.S. Court of Appeals for the Fifth Circuit backed the Hobby Distillers Association and several of its members who contested this old ban from the Reconstruction era. Circuit Judge Edith Horan Jones, writing on behalf of a three-judge panel, pointed out that the law didn’t just regulate distillation but essentially eliminated it, which in turn stifled potential tax revenue. Jones noted that the government’s rationale could lead to the criminalization of nearly any activity that might evade tax scrutiny.

“Without any limitations doctrine, such a government stance would breach this court’s responsibility to interpret the Constitution diligently, preventing the establishment of broad federal powers similar to police authority,” Jones stated.

This decision reaffirmed a previous ruling from July 2024 by U.S. District Judge Mark Pittman in Fort Worth, Texas, who paused the ban’s enforcement while the government sought an appeal. Pittman had initially concluded that Congress overstepped its bounds by designating home distillation as a felony.

Congress enacted Prohibition in July 1868 primarily to tackle liquor tax evasion during Reconstruction. Those who broke this law faced penalties of up to five years in prison and a $10,000 fine. While President Jimmy Carter signed legislation allowing home brewing in 1978, producing home-distilled spirits remained illegal at the federal level.

The Competitive Enterprise Institute (CEI), a libertarian think tank, represented the plaintiffs in this case. Attorney Andrew Grossman described the ruling as “an important victory for personal freedom,” emphasizing that it enables the plaintiffs to indulge in their passion for distilling quality beverages at home.