A court decision in Texas yesterday has shaken up the world of home distilling, potentially paving the way for hobbyists to legally make their own spirits at home. The case involved a group called the Hobby Distillers Association and some individual enthusiasts who challenged federal laws that make it illegal to distill alcohol at home.
Currently, it's against the law to make your own whiskey, vodka, or other spirits at home, even for personal use. Home distilling is a federal felony, punishable by up to 5 years in prison, a fine of up to $10,000, or both. This is different from home brewing beer or making wine, which is legal. An adult can make 100 gallons of wine and 100 gallons of beer every year for personal or family use.
The plaintiffs argued that the government doesn't have the power to ban home distilling under the Constitution. Currently, federal authorities have the power to seize and forfeit equipment, property, and even land used in illegal distilling operations. (Think twice about buying a home still on Amazon.)
In the early years of the United States, the federal government was facing significant debt from the Revolutionary War. In 1791, Alexander Hamilton, as Secretary of the Treasury, pretended to be concerned about public health and morals from excessive alcohol consumption and proposed an excise tax on distilled spirits. Ever since, the government has been taking a piece of the action. Currently it taxes $13.50 per gallon for distilled spirits. In 2022, federal excise taxes on alcoholic beverages generated $10.2 billion in revenue, accounting for about 12% of total federal excise tax receipts. They aren't giving that up without a fight.
The judge agreed with one of the individual plaintiffs and the association, saying that the law preventing home distilling might be unconstitutional. This doesn't mean it's suddenly legal to start making moonshine in your backyard, though. The judge put the decision on hold for two weeks to give the government a chance to appeal.
If this decision stands, it might open the door for hobbyists to experiment with making their own whiskey or vodka at home, just like people can now brew beer or make wine. However, this is just one court's decision, and it could be overturned. Also, even if federal law changes, state and local laws might still restrict home distilling.
Previously:
• A moonshine maker describes his setup – a Boing Boing exclusive
