Overview: The Supreme Court has agreed to hear a challenge regarding the Reconstruction-era ban on distilling alcohol in private homes. While Americans may legally brew beer or make wine, producing spirits like whiskey or vodka remains subject to federal prison penalties unless the law changes.
The Full Story
The Supreme Court on Monday agreed to hear a challenge to the Reconstruction-era ban on distilling alcohol in private homes. Driving the booze: SCOTUS will review Department of Justice v. McNutt, an April ruling by the conservative 5th U.S. Circuit Court of Appeals that found the nearly 160-year-old home-distilling ban unconstitutional and an overreach of Congress’ taxing power. Distilling in your home carries a penalty of up to five years in prison, a $10,000 fine or both.
The 6th Circuit reached the opposite conclusion in a separate April ruling for Ream v. Department of the Treasury, arguing Congress can restrict distilling at home to protect federal alcohol tax collections. Advocates argue that Congress overstepped their powers by banning distilling in the home through a measure meant to prohibit fraud from commercial distillers. The government says Congress acted within its authority as the restriction was intended to stop producers from evading federal excise taxes. Lifting the ban, the government argues, could undermine Congress’ authority to enforce federal tax laws.
Brand & Industry History
Flashback: Congress banned distilling spirits in homes and connected properties in 1868, during the Reconstruction, as part of a crackdown on widespread tax evasion. The restrictions also cover certain premises where beer or wine is made.
What This Means
Even if SCOTUS strikes down the ban, this doesn’t mean people can start distilling automatically. Federal alcohol-production rules could limit what people could do at home. The government currently requires permits, registration and tax compliance for the production of distilled spirits. States could also impose their own bans, which would limit what people can make in their homes. Some states, like West Virginia, allow some home distilling. But, much like marijuana, those state laws don’t override federal law.
Consumer Takeaway
This news offers a potential legal pathway for Americans to produce their own liquor, but overturning the ban wouldn’t necessarily mean anyone could legally set up a still in their backyard yet. The practice of distilling hooch and moonshine still happens in the U.S. despite the federal prohibition.
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