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US appeals court declares 158-year-old home distilling ban unconstitutional
Elderberry:
Yahoo News By Jonathan Stempel 4/10/2026
A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.
They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.
The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine.
More: https://www.yahoo.com/news/articles/us-appeals-court-declares-158-215414047.html
Free Vulcan:
In farm country we often got plenty of product to ferment, from fruits to grains to flowers, so I'm happy to see this restriction ended.
verga:
So it was legal to make wine, but not distill "Hard Liquor".
Timber Rattler:
Yeah.
You wouldn't believe how many antiquated laws are still on the books from the Prohibition era and before (like in this case) that are now totally unconstitutional but yet remain because they generate state revenue, and the State Legislatures are too busy playing politics to do their jobs and repeal them.
Elderberry:
"Revenuers" were agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) or its predecessors, often associated with the IRS, tasked with finding and destroying illegal moonshine stills.
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