The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago.
Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers.
Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would violate Supreme Court precedent and erode congressional powers.
I also think about all the folks I know and who would try to distil liquor vs who is smart enough to do it right. Honestly this feels like thing that should be local laws. I feel its a bit like guns. The higher the density the more likely you want to restrict it or at least permit it.
There are supercedent local and state laws afaik, like I know here in Maine it’s like 5 gallons at 200 proof a year.
Are any of the people you know who aren’t smart enough to do it safely not doing it because of the law?
I don’t think they don’t do it because its illegal as much as because its not convenient enough. If there was something like head shops for brewing and distillation I could see them giving it a try.
There are definitely those shops near where I live. All the distillation stuff has a “definitely not for alcohol, buddy” warning the same as a “tobacco water pipe.”
You can buy high-quality copper and stainless stills on Amazon directly marketed as “for alcohol.”
yeah if it was commonly legal these would be far more common and accessible. Like I don’t think I even saw a headshop around my area when young but with legalization they are all over the place. You need a special license to sell it but not to sell peripherals.
Maybe, though I don’t see how it gets much more common and accessible than one click purchase and prime shipping to your doorstep.
Honestly, I don’t think that repealing the law will make any notable difference because distillation takes a decent amount of money to get started and a fair amount of effort to do and everything to do it has always been readily available at the brew shop, hardware store, or online.
Like, yeah, weed shops popped up when cannabis was legalized but, in most markets, home grow went down. Distilleries are gonna beat almost every home distiller for cost and quality, and, you know, it was basically already legal and allowed if you weren’t stupid. Plus, existing tax structures are gonna keep individuals from selling it the same way you can’t sell homebrew.