Court strikes down home distilling ban — can you make liquor at home in Texas now?
Making liquor at home has been illegal for more than a century, but a federal appeals court has now struck down that ban.
The 5th U.S. Circuit Court of Appeals, whichcovers Texas, Mississippi and Louisiana, ruled the nearly 158-year-old law is unconstitutional and exceeds Congress’s power to tax.
The decision comes after a North Texas-based group of hobby distillers challenged the law in court.
But this doesn’t mean you can start making whiskey or vodka in your kitchen just yet.
Here’s what to know.
Why was distilling liquor illegal in the first place?
The ban dates back to 1868, when lawmakers passed a federal law during the Reconstruction era to crack down on liquor tax evasion.
At the time, distilled spirits were a major source of federal revenue, and officials were concerned people would produce alcohol at home without paying taxes.
The law made it illegal to distill spirits outside of approved facilities.
Violations could lead to penalties including up to five years in prison and fines of up to $10,000.
What changed under the appeals court ruling?
In the ruling, Circuit Judge Edith Hollan Jones said the law actually works against the government’s own ability to collect tax revenue.
“Not only do they prohibit at-home distilleries, but in so doing, they amount to an antirevenue provision that prevents distilled spirits from coming into existence,” Hollan Jones wrote. “The provisions operate to reduce revenue instead of raising it.”
The court also raised concerns about the broader consequences of that reasoning.
“Under the government’s logic, Congress may criminalize nearly any at-home conduct only because it has the possibility of concealing taxable activity,” Hollan Jones continued. “Home-based businesses may be forbidden. Remote work may be deemed a crime.”
Can I legally distill alcohol at home now?
Even with the federal ban struck down, distilling liquor at home is not automatically legal because other federal rules still apply.
People who want to produce distilled spirits must apply for and receive approval from the Alcohol and Tobacco Tax and Trade Bureau, known as TTB.
Once approved, distillers must track how much alcohol they produce, report it to federal regulators and pay excise taxes on what they make.
Producing distilled spirits without that approval can still carry serious penalties, including up to five years in prison and thousands of dollars in fines under federal law.
The ruling could still face further legal challenges, including a possible appeal to the U.S. Supreme Court.
