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.
I’m seeing a lot of misinformation in this thread. Stills don’t “blow up”. That was a myth perpetuated by law enforcement in the same spirit that smoking pot will make you go crazy. Making soup in a pressure cooker is far more dangerous than using a still. Distilling liquor is done at atmospheric pressure, no part of the equipment is ever under pressure.