Home distilling takes a step forward

In the United States, home brewing of beer and wine have been popular hobbies ever since (and probably, before and during) Prohibition. However, home distilling has been illegal since 1868 when the U.S. Congress passed a law that banned the practice. The reason behind the ban was to prevent people from avoiding liquor taxes, and until now the ban has not been successfully challenged. However that changed last week when the 5th Circuit Court of Appeals in New Orleans struck down the law, agreeing with the plaintiffs that Americans should be free to enjoy home distilled hooch.

So, does this mean you should fire up Grandpa’s old still? Not exactly. While the federal ban has been found unconstitutional by the Circuit Court, there may still be state and local laws that prohibit the practice. Additionally, the federal government may appeal this ruling to the Supreme Court. We’ll have to wait a while before we know whether the government plans to file an appeal as they have 90 days to consider it. If they decide not to appeal, the law will be overturned and home distillers will only have to deal with any state or local obstacles.

If you do get a green light to distill at home, it is a good idea to consult experts about the process, as mistakes in distilling can lead to severe injury or even death. There are many stories of bootleg moonshine causing people to become ill, go blind, and suffer other maladies. Some of those consequences were due to backyard equipment that was cobbled together with pipes and tanks that contained lead or other toxic materials that could leach into the liquor. I think (hope) we have learned a thing or two since folks were making bathtub gin in a speakeasy.