A federal appeals court has struck down the nearly 158-year-old federal ban on home distilling, declaring the Reconstruction-era prohibition an unconstitutional overreach of Congress’ taxing authority.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled Friday in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members, who 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.
