Federal Appeals Court Strikes Down 158-Year-Old Ban on Home Distilling

On April 10, 2026, the Fifth U.S. Circuit Court of Appeals in New Orleans ruled that a federal prohibition on home distilling, in place since 1868, is unconstitutional. The court sided with the Hobby Distillers Association (HDA) and four individual plaintiffs who argued that the ban infringed on their rights to produce spirits for personal use. The ruling challenges the federal government's authority to regulate home distilling under the guise of tax enforcement.

Food & WineNewsweekUS court strikes down 158-year home distilling ban158-year-old home distilling ban is unconstitutional, federal appeals court rulesHome distilling ban struck down after 158 yearsHome distilling goes legal in America after 158 yearsFifth Circuit Strikes Down Home Distilling BanUS Appeals Court Strikes Down 158-Year-Old Home Distilling BanCourt of Appeals Rules Home Distilling Ban UnconstitutionalTampa Free Press

The ban originated from a law enacted during the Reconstruction era, aimed at preventing tax evasion related to distilled spirits. Violators faced severe penalties, including up to five years in prison and fines of up to $10,000. The law was justified by the government on the grounds that home distilling could facilitate tax evasion, as individuals could conceal their operations from tax collectors.

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Circuit Judge Edith Hollan Jones, writing for the three-judge panel, stated that the ban paradoxically reduced tax revenue by preventing the production of taxable spirits. The court emphasized that Congress's taxing power should not extend to prohibiting activities that could generate tax revenue. The judges noted, "The provisions operate to reduce revenue instead of raising it," highlighting the flawed logic behind the ban.

Fifth Circuit Strikes Down Home Distilling Ban, A Rare Blow To Washington Power

The ruling does not immediately legalize home distilling nationwide, as state laws still apply, and the federal government has the option to appeal to the Supreme Court. However, it represents a significant victory for hobby distillers, who have long operated in a legal gray area. The HDA expressed optimism, stating, "We’ve come further than ever before. But our job is just beginning," indicating their intent to continue advocating for the legalization of home distilling.

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The court's decision also sheds light on the historical context of the ban, which critics argue served to suppress Black economic independence following emancipation. The law's enactment coincided with efforts to criminalize the entrepreneurial activities of newly freed individuals, effectively maintaining economic subservience. This perspective adds a layer of complexity to the ruling, framing it not just as a legal victory but also as a step toward rectifying historical injustices.

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Andrew Grossman, the attorney representing the HDA, called the ruling "an important victory for individual liberty." He emphasized the ruling's broader implications for federal authority, stating that it prevents Congress from criminalizing nearly any at-home activity under the pretext of tax enforcement. The U.S. Department of Justice and the Alcohol and Tobacco Tax and Trade Bureau did not immediately comment on the ruling.

US Appeals Court Strikes Down 158-Year-Old Home Distilling Ban

While the Fifth Circuit's ruling is a landmark decision, the future of home distilling remains uncertain. The federal government has 90 days to seek a review from the Supreme Court, and similar cases are pending in other circuits. The HDA plans to continue its efforts to secure legal standing for hobby distillers across the country, advocating for a regulatory framework that allows for safe and legal home distilling practices.

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