us fifth circuit court of appeals / hobby distillers association / home distilling

The 5th U.S. Circuit Court of Appeals in New Orleans ruled Friday that a nearly 158-year-old federal ban on home distilling is unconstitutional, siding with the nonprofit Hobby Distillers Association and four of its roughly 1,300 members. The ban, enacted in July 1868 during Reconstruction to curb liquor tax evasion, carried penalties of up to five years in prison and a $10,000 fine. Judge Edith Hollan Jones wrote that the prohibition was an improper use of Congress’s taxing power and could even reduce tax revenue by preventing legal distilling that could be taxed. She warned the government’s theory lacked limiting principles and could justify criminalizing many in-home activities. The ruling affirms a July 2024 decision by Judge Mark Pittman.

The 5th U.S. Circuit Court of Appeals in New Orleans ruled Friday that a nearly 158-year-old federal ban on home distilling is unconstitutional, siding with the nonprofit Hobby Distillers Association and four of its roughly 1,300 members. The ban, enacted in July 1868 during Reconstruction to curb liquor tax evasion, carried penalties of up to five years in prison and a $10,000 fine. Judge Edith Hollan Jones wrote that the prohibition was an improper use of Congress’s taxing power and could not be justified as a revenue measure, arguing it may even reduce tax receipts by preventing distilling altogether. The decision upheld a July 2024 ruling by U.S. District Judge Mark Pittman. The Justice Department and the Alcohol and Tobacco Tax and Trade Bureau did not immediately comment.

The US fifth circuit court of appeals in New Orleans ruled Friday that a nearly 158-year-old federal ban on home distilling is unconstitutional, siding with the non-profit Hobby Distillers Association and four of its roughly 1,300 members. The prohibition dates to a July 1868 Reconstruction-era law aimed at preventing liquor tax evasion, with penalties of up to five years in prison and a $10,000 fine. Judge Edith Hollan Jones wrote that the ban was an improper use of Congress’s taxing power and could even reduce tax revenue by preventing legal distilling that could be taxed through regulation and labeling. The panel upheld a July 2024 decision by US district judge Mark Pittman. The justice department and the Treasury’s Alcohol and Tobacco Tax and Trade Bureau had no immediate comment.

The US fifth circuit court of appeals in New Orleans ruled Friday that a nearly 158-year-old federal ban on home distilling is unconstitutional, siding with the non-profit Hobby Distillers Association and four of its roughly 1,300 members. The plaintiffs said people should be able to distill spirits at home for hobby or personal use. The prohibition dates to July 1868, a Reconstruction-era measure aimed at preventing liquor tax evasion, and carried penalties of up to five years in prison and a $10,000 fine. Judge Edith Hollan Jones wrote that the ban was an improper use of Congress’s taxing power and could even reduce tax revenue by preventing distilling altogether. The ruling upheld a July 2024 decision by US district judge Mark Pittman. The justice department had no immediate comment.