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Home Distilled Spirits Could Soon Be Legal

American moonshiners rejoice! A judge has ruled that the 156-year-old federal ban on making booze at home is unconstitutional.


Old copper still above a fireplace
An old copper still.

Making beer and wine at home is legal, but distilling your own spirits is currently a felony that could get you locked up (for up to five years), plus a maximum fine of $10,000. The judge in Texas made his ruling in response to a lawsuit filed by the Hobby Distillers Association against the Alcohol and Tobacco Tax and Trade Bureau claiming that the ban violated the Constitution. The judge agreed.


A lot of legal news has hit the American media in recent days that might be rather more important, but this new ruling may well pique the interest of anybody that fancies distilling their own hooch at home.


According to the Texas judge’s ruling, the government has two weeks to file an appeal. The government’s main argument revolves around tax revenue, as the alcohol industry is heavily taxed and provides a healthy flow of cash to Uncle Sam. According to the Tax Policy Center, in 2022 excise tax revenue from alcohol amounted to more than $10 billion. The judge, however, wrote that home distilling occurs on such a tiny scale that ending the ban really wouldn’t affect the government’s tax revenue at all.


So, it's probably wise not to buy (or dust down) a copper still just yet, because it remains to be seen how this will play out and whether or not the government will successfully appeal the ruling.

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