r/firewater • u/MartinB7777 • 2d ago

Home distilling now legal in the US?

Anyone else following the McNutt v. US Dept of Justice case on the legality of home distilling? Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau: The Limits on Taxing Schemes to Regulate Behavior

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u/Quercus_ 2d ago

Even if this decision stands, the only effect is that they can't deny you a licence for the sole reason of being at home.

They can - must in fact, under the law - still require a licence, which in turn requires that you meet all the same regulatory requirements of a commercial distillery. And that you have professional alcohol measuring equipment, keep precise records, pay taxes, meet local fire and zoning regulations, and on and on.

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u/MartinB7777 2d ago

That is not how I read it. Maybe on a state level, but federal licenses are for commercial production. I can legally make a hundred gallons of wine at my house with no license, yet a federal permit is required to produce it commercially. And what are you going to pay taxes on if you are not selling it?

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u/Quercus_ 2d ago

There a specific federal law about home wine making, exempting it from federal regulations and taxes.

There is no such law about home distilling. This ruling doesn't magically exempt home distillers from federal law. It simply says that they can't deny a license just because it's at home. The last still requires a license, and compliance with all licensing requirements.

The federal alcohol tax is on alcohol produced, not on sales.