US Supreme Court to review federal ban on distilling spirits at home
The justices will consider whether Congress had the power to impose the ban, which remains in force while the case is pending.
The US Supreme Court agreed on Monday, October 19, to consider whether the federal ban on distilling spirits at home is constitutional. The decision puts a prohibition dating to 1868 before the justices, but does not lift it while the case is pending.
The case, Department of Justice v. McNutt, challenges a law that bars producing distilled spirits at home for personal use. It also prohibits using or possessing distilling equipment in a dwelling or surrounding structures, CBS News reported. Violations can bring fines and a prison sentence of up to five years; CBS News also reported that a violator鈥檚 home and property within it can be forfeited.
Why the home-distilling ban reached the Supreme Court
The Hobby Distillers Association and individual members argue that Congress exceeded its constitutional authority, including its power to tax, by banning home distilling. The federal government argues that distilling in a home can be concealed from inspectors and allow producers to evade taxes on spirits.
A federal district court sided with the challengers, and the 5th US Circuit Court of Appeals upheld most of that ruling, CBS News reported. The appeals court reasoned that barring production could reduce tax revenue and that the home restriction was not adequately connected to Congress鈥檚 taxing power. In a separate Ohio case, the 6th US Circuit Court of Appeals reached the opposite conclusion, according to NBC News. The parties agreed that the Supreme Court should resolve the conflicting rulings with a decision applying nationwide.
What the case means for home distillers
The federal ban remains in force during the review. NBC News reported that several states permit home distilling, including West Virginia, which legalized it in 2024, but state permission does not override the federal restriction. Federal law has long allowed people to make beer and wine at home for personal use, NBC News reported.
A victory for the challengers would not remove every federal requirement. They would still have to register their stills and pay excise tax on spirits they make for their own consumption, according to NBC News. Arguments are expected next year, while a decision is expected by late June or early July, according to the two reports; the court has not set those dates in the reporting cited here.
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Sources and context
- Supreme Court to decide legality of federal ban on distilling liquor at homeCBS News
- High spirits: Supreme Court to decide fate of federal ban on home distillingNBC News
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