U.S. Appeals Court Overturns 158-Year-Old Home Distilling Ban, Impacting Hobbyists
A U.S. appeals court has declared unconstitutional a federal ban on home distilling that has been in place for nearly 158 years. The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the Hobby Distillers Association and four of its members, who argued that individuals should be allowed to distill spirits at home for personal use or as a hobby. The ban, originally enacted during Reconstruction in 1868, aimed to prevent liquor tax evasion and imposed severe penalties on violators. Circuit Judge Edith Hollan Jones, writing for the three-judge panel, stated that the ban reduced tax revenue by preventing distilling altogether, unlike regulations that allow for taxation on manufactured and labeled spirits. The ruling challenges the government's authority to criminalize in-home activities that might evade tax collection, suggesting it could lead to broader implications for federal power.