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Home » News » News » Drink To This: U.S. Appeals Court Declares 158-year-old Home Distilling Ban Unconstitutional
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Drink To This: U.S. Appeals Court Declares 158-year-old Home Distilling Ban Unconstitutional

Ted CohenBy Ted CohenApril 13, 2026Updated:April 14, 2026No Comments1 Min Read
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A federal court has ruled that a  federal ban on home distilling is unconstitutional, calling it an unnecessary and improper means for Congress to exercise its power to tax.

The Fifth U.S. Circuit Court of Appeals in New Orleans ruled in favor of the non-profit Hobby Distillers Association and four of its 1,300 members, according to Guardian.com.

They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.

The ban was part of a law passed during the country’s post-Civil War Reconstruction era in 1868, partly to thwart liquor-tax evasion.

Violators were subject to up to five years in prison and a $10,000 fines.

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