U.S. Appeals Court Declares 158-Year-Old Home Distilling Ban Unconstitutional

Ruling allows hobby distillers to pursue their passion at home without fear of federal prosecution.

Apr. 11, 2026 at 6:50am

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A photorealistic painting of an antique copper still sitting on a wooden table, with warm sunlight streaming through a window and casting deep shadows across the scene, conveying a sense of nostalgic craftsmanship and personal freedom.The appeals court's ruling overturning the federal ban on home distilling allows hobbyists to pursue their passion for crafting fine spirits in the privacy of their own homes.New Orleans Today

A U.S. appeals court has ruled that a nearly 158-year-old federal ban on home distilling is unconstitutional. The 5th U.S. Circuit Court of Appeals in New Orleans sided with the nonprofit Hobby Distillers Association, which argued that people should be free to distill spirits at home as a hobby or for personal consumption.

Why it matters

This ruling is a significant victory for individual liberty and the limits of federal power. It allows hobby distillers to pursue their passion without fear of federal prosecution, and it sets an important precedent about the government's ability to criminalize in-home activities that may escape tax collection.

The details

The ban was part of a law passed during Reconstruction in 1868, in part to thwart liquor tax evasion. Violators faced up to five years in prison and a $10,000 fine. The appeals court ruled that the ban was an unnecessary and improper means for Congress to exercise its power to tax, as it actually reduced tax revenue by preventing distilling in the first place.

  • The 158-year-old federal ban on home distilling was passed in July 1868.
  • The U.S. appeals court ruling declaring the ban unconstitutional was issued on April 10, 2026.

The players

Hobby Distillers Association

A nonprofit organization representing 1,300 hobby distillers who argued that people should be free to distill spirits at home.

Devin Watkins

A lawyer representing the Hobby Distillers Association.

Andrew Grossman

The lawyer who argued the Hobby Distillers Association's appeal.

Judge Edith Hollan Jones

The circuit judge who wrote the opinion for the three-judge panel of the 5th U.S. Circuit Court of Appeals.

Judge Mark Pittman

The U.S. District Judge in Fort Worth, Texas who initially ruled the home distilling ban unconstitutional in July 2024.

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What they’re saying

“Without any limiting principle, the government's theory would violate this court's obligation to read the Constitution carefully to avoid creating a general federal authority akin to the police power.”

— Judge Edith Hollan Jones, Circuit Judge, 5th U.S. Circuit Court of Appeals

“This ruling is an important victory for individual liberty that lets the plaintiffs pursue their passion to distill fine beverages in their homes.”

— Andrew Grossman, Lawyer for Hobby Distillers Association

“I look forward to sampling their output.”

— Andrew Grossman

What’s next

The U.S. Department of Justice has not yet indicated whether it will appeal the 5th Circuit's ruling to the Supreme Court.

The takeaway

This case highlights the ongoing tension between federal power and individual liberty, as well as the complexities of regulating activities that may evade taxation. The appeals court's decision sets an important precedent for the limits of federal authority over in-home activities.