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.
Writing for a three-judge panel, Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which the government could collect taxes.
She also said that under the government’s logic, Congress could criminalize virtually any in-home activity that might escape notice from tax collectors, including remote work and home-based businesses.
“Without any limiting principle, the government’s theory would violate this court’s obligation to read the Constitution carefully to avoid creating a general federal authority akin to the police power,” Jones wrote. --->READ MORE HERE
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A federal appeals court has struck down the nearly 158-year-old federal ban on home distilling, declaring the Reconstruction-era prohibition an unconstitutional overreach of Congress’ taxing authority.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled Friday in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members, who 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.
Writing for a three-judge panel, Circuit Judge Edith Hollan Jones argued that the prohibition not only failed to generate tax revenue but also overstepped federal authority by criminalizing private activities without a clear constitutional basis. Judge Jones noted that the government’s logic could theoretically allow Congress to outlaw any in-home activity, such as remote work or small businesses, that might evade taxation.
The decision upheld a July 2024 ruling by U.S. District Judge Mark Pittman in Fort Worth, Texas, who put his ruling on hold so the government could appeal.
The case was brought by the Competitive Enterprise Institute, a libertarian legal group that has long challenged the limits of federal regulatory power. The Hobby Distillers Association was founded in 2013 by Rick Morris, who had long pushed for legalization — first through lobbying, then through litigation after congressional efforts stalled. Larger commercial distillers had previously blocked legislative change, perhaps because they viewed home distillers as potential competitors.
Attorney Andrew Grossman, who argued the nonprofit’s appeal, called the decision “an important victory for individual liberty” that allows the plaintiffs to pursue their passion for distilling fine beverages at home, adding that he looks forward to sampling the results. --->READ MORE HERE
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