In a significant development, a US appeals court on Friday declared unconstitutional a nearly 158-year-old federal prohibition on home distilling. The 5th US Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members, who argued for the right to distill spirits at home for personal use or as a hobby, including creating recipes such as apple-pie vodka.
The ban originated from a Reconstruction-era law passed in July 1868, designed partly to prevent liquor tax evasion. Violators faced penalties of up to five years in prison and fines reaching $10,000. Circuit Judge Edith Hollan Jones, writing for a three-judge panel, stated that the ban actually decreased tax revenue by stopping distilling activities altogether, unlike regulations on manufacturing and labeling distilled spirits that allowed the government to collect taxes.
Judge Jones further noted that under the government’s reasoning, Congress could criminalize nearly any in-home activity that might evade tax collection, including remote work or home-based businesses. She emphasized the court’s duty to interpret the Constitution carefully to avoid granting Congress a broad federal authority resembling police powers.
Meanwhile, the US Department of Justice did not immediately respond to requests for comment, nor did the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau.
Devin Watkins, attorney for the Hobby Distillers Association, described the ruling as a crucial decision defining the limits of federal power. Andrew Grossman, who argued the nonprofit’s appeal, hailed the verdict as a significant victory for individual liberty, allowing plaintiffs to pursue their passion for crafting fine beverages at home. He expressed eagerness to sample their creations.
This ruling upheld a July 2024 decision by US District Judge Mark Pittman in Fort Worth, Texas, who had initially stayed his ruling to permit an appeal by the government.
