US appeals court declares 158-year-old home distilling ban unconstitutional

[mahatmakanejeeves]

Last edited Sat Apr 11, 2026, 08:13 AM - Edit history (1)

Source: Reuters

US appeals court declares 158-year-old home distilling ban unconstitutional

By Jonathan Stempel
April 10, 2026 5:50 PM EDT * Updated 6 hours ago

April 10 (Reuters) - 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.

Writing for a three-judge panel, ​Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which ​the government could collect taxes.

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Read more: https://www.reuters.com/legal/government/us-appeals-court-declares-158-year-old-home-distilling-ban-unconstitutional-2026-04-10/

[RockRaven]

1. Make America Methanol-poisoned Again

[BidenRocks]

2. Great! Another retirement hobby.

Shine and weed.
Helps with no food or healthcare.

[NBachers]

3. Moonshine moonshine to quench the devil's thirst . . .

?si=8UFNfmhO8eU29hRC

[Martin68]

4. "Bathtub Gin"

[3Hotdogs]

5. My cousin's grandfather was a N.J. bootlegger for the mob. Grandpa made the stuff and a small truck would come and pick

it. up. Once a month, a Cadillac would come to the house. Grandpa would get in and come back wth a smile on his face.

Fast forward to the 50's. Grandpa was gone, but Grandma would make whisky for Christmas gifts for her friends.

From the time I was 12 until she died a few years later, I got small bottles of whiskey for Christmas. One was always Anisette and the other was Streig. I don't know the mixings that made Streig but the anisette was always enjoyed.

[mahatmakanejeeves]

6. I predict a run on 50-pound bags of sugar in Franklin County, Virginia.

Maybe this ruling applies only to the 5th Circuit. If the other circuits disagree, we're off to the SC, are we not?

[Mysterian]

7. Hell yeah!

I agree with this decision. No good reason I can't make some gourmet shine for myself.