A law in the United States prohibiting the home distillation of spirits has been ruled unconstitutional.
In the United States, the practice of making distilled spirits at home is prohibited by law. The Hobby Distillers Association, a group of spirits enthusiasts, challenged this law as unconstitutional, and the Fifth Circuit Court of Appeals ruled that the law was unconstitutional.
United States Court of Appeals for the Fifth Circuit
(PDF file)
HDA Wins in Fifth Circuit – Hobby Distillers Association
https://hobbydistillersassociation.com/2026/04/11/hda-wins-in-fifth-circuit/
US appeals court declares 158-year-old home distilling ban unconstitutional | Law (US) | The Guardian
https://www.theguardian.com/law/2026/apr/11/appeals-court-ruling-home-distilling-ban-unconstitutional
In the United States, there is a culture of homebrewing called 'homebrewing,' where it is legal to make beer and wine at home. However, making distilled spirits such as whiskey and vodka at home is prohibited. To make distilled spirits, an application must be submitted to the Bureau of Alcohol and Tobacco Tax and Trade, but the application guide page states that 'distillation facilities cannot be installed in residences or sheds,' meaning that even if the application is submitted, distillation in a residence is prohibited.
Four members of the Hobby Distillers Association filed a lawsuit arguing that a law prohibiting home distillation of spirits is unconstitutional. As a result of the lawsuit, the Fifth Circuit Court of Appeals ruled in favor of the plaintiffs on April 10, 2026, that the law is in an unconstitutional state.
The law in question was enacted to prevent liquor tax evasion, but Judge Edith Holan-Jones pointed out that 'prohibiting distillation in certain locations actually reduces tax revenue.' Furthermore, she argued that 'based on the government's logic, Congress could criminalize 'any home-based activity that could potentially evade the tax authorities' scrutiny,' such as remote work or home-based businesses,' strongly rejecting the law's purpose.
However, this ruling only suspends the enforcement of the law that prohibits location-based measures, such as home or garage use, in applications for distilled spirits production permits against the plaintiffs. According to sources, 'you may need to show your HDA membership card when applying for a home distilled spirits production permit.' Of course, unlicensed home distilled spirits production remains prohibited, and the previous rules will apply to people other than the plaintiffs until the government changes the regulations.
The Hobby Distillers Association stated, 'While this ruling is a landmark step, it is not the end goal. We will continue our efforts to elevate the legal status of hobby distillation to the same level as beer and wine.'
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in Food, Posted by log1o_hf