Posted on 07/13/2024 10:37:31 AM PDT by thegagline
A federal judge in Texas has ruled that an 1868 ban on at-home distilling is unconstitutional.
U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person’s production of spirits such as whiskey and bourbon for their personal consumption.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”
Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.
People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison.
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The hobby group, which represented the plaintiffs, and four of its 1,300 members filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, saying that the government’s regulatory reach could not extend to activities within a person’s home.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”
Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members.
(Excerpt) Read more at dnyuz.com ...
“Why was this ever an issue? “
Details in the article.
Hobbyists wouldn’t do it to save money, they would do it to experiment with different processes and try to create something new and unique they could share with friends.
“One must know how to detect and discard that alcohol before the safe stuff comes off. That is why it was made illegal.”
Sorry friend, I call that Horse Hockey.
It’s the missing tax money. It’s that simple.
They used Tax law to get Moonshiners.
If food/drink safety was of concern, half the stuff they sell you to eat and drink would be banned.
Banning home distillation fits with banning home growing tobacco. Vice Taxes are big bidness for our drunken, lecherous, War Pig of an Uncle Sam.
Ok. I’m the first to endorse a good conspiracy, but can you explain exactly how one can detect any bad alcohol precipitated off the batch? My wife is a chemist and I’m an electrician. She assures me that the first 5% coming off, you do not want to drink. Being an electrician, I have no clue.
That, plus inattention during distillation can result in explosion - not good anytime, but especially in the home, apartments, etc.
I’m a good stand on pressure vessels. I just need to know how to titration what’s coming off to be sure.
Great water. I haven’t visited in a while.
Even cheap vodka is good for mixing. Making booze is long smelly sticky work. I had an acquaintance at work when I was in Texas who would take orders from all the neighbors who had fruit trees to make moonshine. It was a huge mess.
But I will do it myself just to piss off the government.
Lots of sites talk about how to do it.
dump the first part- lots of posts _
“A simple (but effective) rule of thumb for methanol reduction is to throw away the foreshots. This is the first 50 mL you collect per 20L mash for a reflux still, or 150mL mL per 20L mash for a potstill.”
Folks have been making it since the beginning of it all.
To paraphrase ol’ Ben, “Single Malt is proof that G_d loves us.”
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