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

In a landmark decision with implications for federal power, the 5th U.S. Circuit Court of Appeals in New Orleans has struck down a federal ban on home distilling that has been in place since 1868. The court ruled in favor of the Hobby Distillers Association and four of its 1,300 members, declaring the prohibition an unconstitutional overreach of Congress's taxing authority. The 158-year-old law, part of Reconstruction-era legislation, was designed to thwart liquor tax evasion and subjected violators to severe penalties, including up to five years in prison and a $10,000 fine.

Writing for the three-judge panel, Circuit Judge Edith Hollan Jones argued the ban actually reduced potential tax revenue by preventing the activity altogether, unlike regulations that allow for taxation. The court's opinion warned that the government's logic could justify criminalizing virtually any in-home activity that might escape tax collectors, including remote work and home-based businesses, creating an unlimited federal police power. The decision upholds a prior 2024 ruling by a Texas district judge and is celebrated by the plaintiffs' lawyers as a significant victory for individual liberty, allowing hobbyists to legally pursue distilling spirits like apple-pie vodka at home.