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.
Distilling in an enclosed space over open flames can result in flare-ups. This can obviously be prevented with adequate ventilation and/or using an electric heating element, but that doesn’t guarantee everyone who tries it will have the requisite knowledge to do so safely.
Doesn’t mean it should be illegal, but like, if you’re gonna try a potentially dangerous hobby, you know, like, read about it first? Distilling in ignorance can result in higher concentrations of fusel oils, methyls, and isopropyls, which can be toxic or even deadly. Hence the old “bathtub hooch makes you go blind” trope. Learn how to separate the heads and tails properly, or don’t do it at all.
So it’s not like the only danger is fires and explosions. It should definitely require a license to do commercially, but hobbyists should still do their due diligence to ensure safety.