Posted on 04/10/2026 4:29:13 PM PDT by yesthatjallen
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.
SNIP
(Excerpt) Read more at reuters.com ...
“Angel’s share.”
Many people can legally grow pot now and make their own hashish, and drink moonshine while doing it.
Distilling is a hobby for some and you can order stills online.
This could implicate home made firearms.
Let’s throw out the rest of the Reconstruction era laws as well.
& there’s going blind from The methanol toxicity
I home brew beer and hard cider. Besides being delicious and healthier, there is a real satisfaction that comes with getting around a huge industry and heavy tax authority.
Not everyone wants a wife, lol
I have a Minneapolis-Moline tractor that runs perfectly well on pure ethanol...much like its owner.
Back we go to Copperhead Road.
I know. I know….
I have a little press in my home office. Nice little discs.
I tried to find Earthquake McGoon with his still (Lil Abner), but got bogged down in Daisy Mae images. Al Capp ruled.
I know of a guy who knows of guy who makes awesome apple-pie-vodka, or so I’ve been told.
If it weren’t for this unconstitutional law NASCAR would not exist.
Excellent!
My thoughts exactly.
Almost impossible. It’s the mixing of wood alcohol to cheaply increase alcohol content that blinds. Every moonshine tosses the small amount of methanol at the first of the run. Or using a radiator (big no no) which has lead solder or antifreeze in it. No competent moonshine should have a dangerous product.
The ban on home (or "dwelling-house") distilling was justified primarily as an enforcement tool. It aimed to prevent widespread tax evasion by small-scale or hidden "moonshine" operations that were hard to monitor and tax. By forcing distillation into registered commercial facilities (with bonds, warehouses, stamps, and oversight), the government could more reliably collect the excise tax on spirits before they left the premises.
Alcohol excise taxes (especially on distilled spirits) helped fund the government when tariffs and other levies weren't enough. The 1868 law lowered the per-gallon tax rate somewhat but tightened administration to boost overall collections.
With today's MASSIVE income taxes, that 1868 argument no longer holds.
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