Texas Home Distillers Rejoice: Legalization Could Be On The Horizon

Have you ever dreamed of enjoying your homemade moonshine and whiskey in the comfort of your own home, without Uncle Sam crashing the party? Well, you might be in luck.

Recently, a Texas federal judge issued a ruling stating that the 156-year-old ban on at-home distilling is unconstitutional.

U.S. District Judge Mark Pittman stated his agreement with the Hobby Distillers Association that this ban exceeds the taxing power of Congress.

Lawsuits from the Hobby Distillers Association

Various members within the group actually filed lawsuits against agencies that enforced the ban in December of 2023. They claimed that the government's powers over distilling could not extend to practices within their private homes.

The lawsuit named several agencies, including the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of Treasury and the Justice Department.

Government Reaction to the Lawsuits

The Justice Department claimed that the ban was set in place back in the 1860s to place limits on where plants can be located in the country and protect government taxing on distilled spirits.

This was, of course, met with the response that a ban on producing spirits at home was outside of the power of government in collecting taxes and infringed on constitutional rights.

Moonshine in America

This is not the first time in American history where the public fought back on alcohol-related laws. I'm sure we all are aware of the prohibition era in the 1920s and '30s that banned alcohol production outright in the country.

Yeah so that only lasted for a few years before America realized we sure love our alcohol. It looks like not much has changed (cue the star spangled banner with a bald eagle screech in the distance).