Overview: John Ream, an Ohio resident and former aerospace engineer, is challenging a federal law prohibiting home production of distilled spirits. While brewing beer and wine remains legal for personal use, making whiskey or gin at home constitutes a federal felony. The case has reached the Supreme Court, though justices have not yet agreed to hear either dispute.
The Full Story
Ream opened Trek Brewing Company in Newark, Ohio, after experimenting with brewing kits provided by his wife, Kristin. His interest shifted toward distilled spirits, where he encountered a different set of rules governed by federal regulations dating back more than 150 years. Robert Alt, an attorney representing Ream and president and CEO of the Buckeye Institute, noted that making even a single ounce of distilled spirits at home is a federal felony. The American Homebrewers Association, based in Boulder, Colorado, stated it does not have an official position on legalizing home distilling but emphasized education and safety around beverage-making hobbies.
The debate has also attracted attention within the home-brewing community regarding the extent to which Congress can regulate local non-commercial activity in a home. Federal law roots trace back to 1791 whiskey taxation, a levy that helped spark the Whiskey Rebellion several years later according to the National Archives. In 1868, amid concerns about tax evasion and the collection of liquor taxes, Congress enacted a broader system regulating distilled spirits that included restrictions on where distilleries could operate.
Brand & Industry History
Federal law roots trace back to 1791 whiskey taxation, a levy that helped spark the Whiskey Rebellion several years later according to the National Archives. In 1868, amid concerns about tax evasion and the collection of liquor taxes, Congress enacted a broader system regulating distilled spirits that included restrictions on where distilleries could operate. The federal government argues that the restriction remains a permissible part of the system used to protect and collect federal excise taxes on distilled spirits.
What This Means
Two federal appeals courts have given different answers to the constitutional question behind the debate. The Sixth Circuit ruled against Ream in April, concluding that the home-distilling restriction could lawfully be used to support the collection of federal liquor taxes. But 11 days earlier, the Fifth Circuit reached the opposite conclusion in a separate challenge, ruling that Congress’ taxing authority did not justify the restriction. Both disputes have reached the Supreme Court, though the justices have not agreed to hear either case yet.
Consumer Takeaway
For home brewers interested in taking the next step from beer or wine to whiskey, gin or other spirits, the dispute could ultimately determine whether a hobby long prohibited under federal law can move out of the commercial distillery and into the home. The federal government argues that the restriction remains a permissible part of the system used to protect and collect federal excise taxes on distilled spirits.
Source: Read the original article
