U.S. Appeals Court Overturns 158-Year-Old Ban on Home Distilling, Citing Unconstitutionality
A U.S. appeals court has declared a nearly 158-year-old federal ban on home distilling unconstitutional. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the Hobby Distillers Association and some of its members, who argued that individuals should be allowed to distill spirits at home for personal use. The ban, originating from a law passed in 1868 during the Reconstruction era, was initially intended to prevent liquor tax evasion. Violators faced up to five years in prison and a $10,000 fine. Circuit Judge Edith Hollan Jones, writing for the three-judge panel, stated that the ban reduced tax revenue by preventing distilling, unlike regulations that allow for tax collection on distilled spirits. The court's decision is seen as a victory for individual liberty, allowing enthusiasts to pursue home distilling without legal repercussions.