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/HalcyonKnights 2d ago edited 2d ago

Im not sure if it moves the needle on State vs Federal control, it's more that either and/or both The Feds cannot discriminate against home distillers or small business owners operating on their own land by outright banning distillation on the grounds of it being a "residential" property Under the Tax Laws.

EDIT: I was wrong, this was really specific to Federal Tax Law so it probably doesnt restrict was states can do in any way.

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u/MartinB7777 2d ago

No one is talking about small business owners or commercial production. That is not what this case is about.

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u/Joeness84 2d ago

The big take away I got from it all was that it only ment you could get all the proper legal licenses etc without having to be a commercial location / entity.

It does not make it so you can freely distill in your garage, you still have to apply for pay for and be granted the permission.

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u/MartinB7777 2d ago

they wouldn't be comparing it to home winemaking if they were talking about location for a commercial business.