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DOJ Files Appeal
Nov
We are a little tardy in getting this information to you, but still work to keep you updated on everything going on with the HDA.
On October 28 the Department of Justice (DOJ) filed its merit brief for their argument against the original ruling back in June, when Judge Mark Pittman ruled in favor of the Hobby Distillers Association (for more on that ruling see our previous post here). The government was given 14 days to file an emergency appeal and keep the stay on the ruling in place, but declined to do so. As a result, when the 14 day period ended it made it possible for HDA members to obtain a permit to distill in their home (all other requirements for the permit were unchanged).
Although the government did not immediately appeal the decision it did not preclude them from being able to file an appeal. They did so on October 28, and now our case will head to the Fifth Circuit Court of Appeals. The time for the appeals process is unknown, however, it is very important to note that while the appeal process is ongoing HDA members are still able to obtain a permit for distilling at home. You still must meet all regular requirements in order for your permit to be approved, such as maintaining specific locks on doors, etc. What has been removed through the original ruling is the location requirement, which precluded one from having a distillery in their home. It is also worth reminding you that you must be a HDA member in order to be covered by the ruling.
How this will play out is obviously to be determined, but rest assured that we will be working to keep you updated as information becomes available.
Are you still required to apply for the DEPARTMENT OF THE TREASURY
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DISTILLED SPIRITS BOND
Our understanding is that as a small operation with less than $1000 tax owing per year you do not need a bond, and can pay the excise tax at the end of the year instead of monthly. It is best to confirm this directly with the TTB to ensure that you do not accidentally break any laws. Obviously, by applying for the permit we are trying to do things correctly, so the TTB agents are generally very helpful.
Thanks
Is there a site we can visit to keep an eye on this appeal?
Unfortunately, there is not a site to keep up with it that I am aware of.
Do you have the Case Number for the Appeal at the 5th Circuit Court?
I believe the case number is 24-10760.
Is there any information on the steeps to take for obtain a permit for distilling at home.
You need to apply for a Distilled Spirits Plant permit (https://www.ttb.gov/distilled-spirits/permits). If approved you will still be responsible for paying the excise tax on the product you produce.
CASE TENTATIVELY calendared for oral argument for the week of 08/04/2025. [24-10760] (CBW) [Entered: 05/09/2025 02:51 PM]
Case is being heard today you can listen to the live stream here: https://5thcircuit.streamguys1.com/west
Link to Recording from today.
https://www.ca5.uscourts.gov/OralArgRecordings/24/24-10760_08-04-2025.mp3