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HDA Wins in Fifth Circuit
Apr
Fifth Circuit Affirms: A Major Win for Hobby Distillers
In a historic decision, the United States Court of Appeals for the Fifth Circuit has affirmed that the federal ban on at-home distilling is unconstitutional.
This is a major victory for the plaintiffs—including members of the Hobby Distillers Association—and a turning point for hobby distillers nationwide.
What the Court Held
The Fifth Circuit agreed that federal law cannot prohibit at-home distilling under the taxing power.
Key takeaway:
- The law didn’t raise revenue—it prevented taxable spirits from existing
- Congress cannot ban activity just because it’s harder to tax
What This Actually Means (Important)
This decision does NOT mean you can legally fire up a still at home without oversight.
What it does mean:
- The federal government can no longer ban distilling based on location (your home, yard, or garage)
- Individuals may now seek a federal permit from the TTB for an at-home operation
What remains unchanged:
- You must still obtain a TTB permit
- You must follow all federal regulations
- You must pay applicable excise taxes
- You must comply with all state and local laws
This removes the location barrier—not the regulatory framework.
Why This Matters
For the first time in over 150 years, the law recognizes that distilling can be regulated without being banned, opening the door to a lawful path forward for hobbyists.
The Fight Isn’t Over
This is a landmark step—but not the finish line.
The Hobby Distillers Association will continue working to bring hobby distilling out of the shadows and secure the same legal standing that homebrewers and winemakers enjoy—both federally and in every state.
We’ve come further than ever before.
But our job is just beginning.
Read the full decision here
Great job!
I’m against home distilling. I’m a Master distiller with over 10 years of very extensive experience in the field. My issue is that people do not know how to properly cut heads hearts and tails as well as making some of the most insanely crazy add ones to stills that could easily blow up. Plus the recipes are extremely strict for calling products certain names such as bourbon. Add sugar and it’s no longer bourbon. Distilling over 160 proof? It’s no longer bourbon. Using a barrel a second time? No longer bourbon. Using French oak? No longer bourbon. Same with Brandy and so many other recipes. I’ve met too many at home DIY folks that think they know it all but prove they know nothing but very stupid talking points. I studied under a Master Distiller. Everyone should have to go through a mentor program before being allowed to distill on their own. Moonshiners is for entertainment, not a how to unless you want to know how to blow yourself up. I know the folks behind the show.
Thank you HDA! I was very unwilling to go into distilling illegally. I so appreciate your work to provide a pathway.
Chuck – I find it funny that “Lord De La Warr” takes issue with freedoms. While I respect you have an opinion, I would think someone with such a background in history, especially revolutionary history, would appreciate that many of the Founding Fathers were distillers. Though you seem to side with the Brits “me Lord” and your view is precisely the type of elitist tyranny that led to the revolution. Thankfully, we again have one.
Wow, that’s not super elitist or anything Chuck. You also forgot the bedwetter’s rallying cry of “you’ll go blind from drinking that”. The “rules” surrounding liquor are there to protect the industry that sells liquor and I am a capitalist. But home distilling isn’t about selling liquor, it’s about personal freedom. Unfortunately many in the “industry” are willing to curtail personal freedoms in the quest to protect consumer demand. A better idea is to focus on making high quality spirits that cannot be replicated at home and therefore do not threaten the demand for high quality spirits. Insisting on bans by concocting fantastic tales of things blowing up and people thinking they know a lot is a tell towards insecurity in one’s craft. Under this same logic people would be banned from repairing their own cars or even building their own from scratch because they may hurt themselves building the cars or hurt other people out on the road. Thanks for the walk down tyranny lane. This ruling was wrapped in personal liberty and adherence to the Constitution. Threatened industry members be damned…
Chuck, most of the crap on store shelves is mass produced garbage. Shortcuts, cheap ingredients, git-er-done quick mule piss. I like what i make way more than what the industry produces. I make it for me, my friends, and family and not to sell and compete with you. Get over yourself dumbass.
Chuck, distilling is no more dangerous than woodworking, in that one must know what one is doing or injury or death can occur. Also, your list of master distiller secrets is just basic information.
You don’t think woodworkers need to know what they are doing or risk injury or death? When you are working with powerful tools there are risks.