US Appeals Court Overturns Home Distilling Ban as Unconstitutional

In a landmark decision, the fifth US circuit court of appeals in New Orleans has struck down a 158-year-old federal ban on home distilling, deeming it unconstitutional. This ruling supports the Hobby Distillers Association and its members, who argued for the right to distill spirits at home, whether for personal enjoyment or hobby purposes. The ban, originally enacted in 1868 to prevent liquor tax evasion, imposed severe penalties on violators. However, Circuit Judge Edith Hollan Jones highlighted that the ban actually hindered tax revenue by stopping distilling activities altogether, contrasting with regulations that allow for taxation on legally produced spirits.

Judge Jones further criticized the government's reasoning, suggesting it could lead to criminalizing any home activity that might evade tax collection, such as remote work. This decision underscores the importance of limiting federal power and protecting individual liberties. Devin Watkins, representing the Hobby Distillers Association, praised the ruling as a significant check on federal authority, while Andrew Grossman, who argued the appeal, celebrated it as a victory for personal freedom, allowing enthusiasts to legally pursue their passion for home distilling.

The ruling aligns with a previous decision by US district judge Mark Pittman, who had paused his ruling to allow for a government appeal. The justice department and the treasury department’s alcohol and tobacco tax and trade bureau have yet to comment on the court's decision.