If you search for “home still” on Amazon, you will find numerous products explicitly marketed as tools for making liquor. However, while brewing beer, cider, or wine at home for personal use or sharing with friends is legal, the unlicensed production of distilled spirits remains a federal felony punishable by up to five years in prison, a $10,000 fine, or both.
This law was deemed unconstitutional by a federal judge in Texas last week. This decision not only potentially protects some DIY distillers from a daunting threat but also offers hope of reining in a federal government that has expanded beyond the powers granted by the Constitution.
“This ruling is a win for personal freedoms and federalism,” stated Dan Greenberg, general counsel at the Competitive Enterprise Institute (CEI), which represented the hobbyists challenging the home distilling ban. He emphasized that the ruling “serves as a reminder that we live under a government with limited powers as Americans.”
The government argued that the ban on home distilling aimed to safeguard federal revenue by preventing liquor tax evasion. However, U.S. District Judge Mark T. Pittman concluded that the challenged provisions did not align with revenue collection or as a necessary means of achieving that goal for noncommercial producers who do not owe taxes.
Pittman also rejected the government’s claim that the ban was justified under the power to regulate interstate commerce, pointing out that the provisions did not connect the prohibited behavior to interstate commerce.
Home distilling, according to the government, has a substantial impact on interstate commerce. However, Pittman argued that regulating noncommercial activity under this test requires a comprehensive statute, which was not the case here.
Pittman issued a permanent injunction prohibiting the government from enforcing the home-distilling ban against the Hobby Distillers Association based in Texas.
“While the federal government has expanded its powers over the years, this case demonstrates that there are limits to its authority,” said CEI attorney Devin Watkins. “If the government appeals this decision, we look forward to shedding light on those limits.”
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