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# Home Distilling Ban Ruled Unconstitutional
- URL: https://bevnews.net/home-distilling-ban-ruled-unconstitutional/
- Published: 2026-04-15T07:32:50.000Z
- Updated: 2026-04-15T07:32:50.000Z
- Author: Joel Whitaker

The Fifth Circuit Court of Appeals struck down the more-than-150-year-old prohibition of home distilling of distilled spirits was unconstitutional. 

The 23-page decision can the boiled down to this: Congress has the authority to impose taxes. What Congress doesn't have the authority to do is to prohibit an activity that it could tax.

The case was brought by the 1100-member Hobby Distillers Association.