July 12, 2024 – 11:27 AM
A Texas court ruling on Thursday paved the way for U.S. residents to legally make their own spirits at home. The judge made the decision after a group called the Hobby Distillers Association challenged the federal ban in court — Boingboing.net writes.
In the United States, it is currently illegal to make whiskey, vodka, or other spirits at home, even in small quantities. Home distilling is a federal crime punishable by up to 5 years in prison, a fine of up to $10,000, or both. Federal authorities have the authority to seize and confiscate equipment, property, and even land used in illegal brewing. However, home brewing and winemaking is legal.
Texas brewers argued in their filing that the government has no constitutional authority to ban home brewing. It’s no coincidence that the government is insisting on banning home brewing, since the state derives a lot of its revenue from high taxes on liquor—about 12 percent of total federal tax revenue.
A Texas court eventually ruled in favor of the plaintiffs, finding that the federal alcohol ban may be unconstitutional. The decision is not yet final, and the government has two weeks to appeal.
However, if the ruling goes into effect, it could pave the way for distillers to experiment with new American vodkas and whiskeys in their backyards. But even that’s no guarantee of full legalization: Even if federal regulations change, states will still be able to restrict home brewing in their jurisdictions.
