US appeals court declares 158-year-old home distilling ban unconstitutional [View all]

Last edited Sat Apr 11, 2026, 08:13 AM - Edit history (1)

Source: Reuters

US appeals court declares 158-year-old home distilling ban unconstitutional

By Jonathan Stempel
April 10, 2026 5:50 PM EDT * Updated 6 hours ago

April 10 (Reuters) - 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.

Writing for a three-judge panel, ​Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which ​the government could collect taxes.

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Read more: https://www.reuters.com/legal/government/us-appeals-court-declares-158-year-old-home-distilling-ban-unconstitutional-2026-04-10/