A historic U.S. court ruling lifts the ban introduced during the Reconstruction era after the Civil War, thus opening the way to the legal production of alcohol for personal use, the U.S. agency UPI reported. The decision was upheld by the New Orleans-based Fifth Circuit Court of Appeals, emphasizing that the government cannot use taxing powers to criminalize manufacturing activity itself.
See also: Not only night, but also morning prohibition. Projects ready
Lifting the ban on home production of alcohol in the USA. “The Great Victory”
A 158-year-old federal law put in place to prevent alcohol tax evasion has been challenged by one man who filed a lawsuit against it.
This is an American, Rick Morris, who produces stills for legally conducted distillations and wanted to distill bourbon at his home for the needs of his family and friends. To more effectively fight the outdated regulation, he founded the Hobby Distillers' Association (HDA), which hailed the ruling as a historic victory and a turning point in the activities of amateur distillers across the United States.
“This is a great victory for plaintiffs, including members of the Hobby Distillers' Association, and a turning point for hobby distillers across the country,” the organization said, quoted by UPI. Previously, Americans could only produce wine or beer for their own use.
See also: Donald Trump's tariffs have driven up prices. Restaurants are changing their menus
In justification of its decision, the court drew attention to the administration's position, according to which the ban was intended to prevent tax fraud because “the distiller can more easily hide the strength of the alcohol or the activity itself if the apparatus is located in his home.” However, the court held that Congress's authority applies to the taxation of finished items, not to the activities that may produce them.
As HDA says in its post, cited by UPI, this ruling does not mean that home distillation is allowed for everyone. However, citizens can obtain a permit to establish a distillery and are required to comply with federal regulations and pay applicable taxes.
