A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for ​Congress to exercise its power to tax.

The 5th U.S. Circuit Court of ‌Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.

They argued that people should be free to distill spirits at home, whether as ​a hobby or for personal consumption including, in one instance, to create ​an apple-pie-vodka recipe.

The ban was part of a law passed during ⁠Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators ​to up to five years in prison and a $10,000 fine.

  • Bluewing@lemmy.world
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    11 hours ago

    I doubt even the risk of fire will a problem since modern home distillers will use small electric stills. And the alcohol boils of at about 170F, (about 76C for our challenged brethren in Texas). So the explosion risk is also very minimal.

    The challenge is to maintain a steady temperature while distilling your booze. Just enough heat to drive off the alcohol while leaving the majority of water behind.

    • prole@lemmy.blahaj.zone
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      8 hours ago

      since modern home distillers will use small electric stills.

      Acting like most of the people doing this aren’t the biggest rednecks on the planet… Meth labs don’t need to be dangerous either, and yet… (not comparing alcohol to meth before the angry replies come).