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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.
So you may not realize it but your whole statement sounds like a fudd from a gun forum. You sound elitist and most of your points are hogwash anyway. So what if I’m not making bourbon to the exact spec because I want a different proof? You have gotten it into your head that stilling isn’t an art but a job with regulations a set boundaries to what one may still. You have naively cut off a whole world because you think that you’re better because you studied under a master distiller. I have news for you that’s not how things work. Sure you may have more knowledge about certain things but you obviously lack creativity and an artistic spirit. because of that there will be a kid from the backwoods who can make better hooch then you could dream of or could even aspire to create. Stop being a wet blanket and such a fuddy fud fud. You look silly and like a jerk who peaked.
Oh spare me. That’s like saying no one should be allowed to hook up their own propane bottle, fill up their own gas can or weld. Hundreds of thousands of people are running illicit stills and the sky isn’t falling. You’re gonna have to deal with the fact you may have competing distillers coming on line and I suspect many or even most will be making better distillate than you ever will and THAT’S what is really keeping you up at night.
Funny, they don’t have these implied, in New Zealand (where it is legal) they don’t have houses exploding anywhere from home stilling. In fact, in a study, house fires and blowing up was “statistically insignificant.” You are making an argument that if they do x, y, or z it is no longer x, y, or z….who cares? It is a hobby, and you can make what you like? Home distillers, by definition, would not be trying to sell something that is bourbon that is not. I agree you that people should learn proper heads, heart, tails management, and maybe you need to take a class to get a home license…I am sure there are far smarter people than myself to make this happen. Everyone is entitled to an opinion for sure, but I am completely FOR home distilling.
I’ll say this as a home distiller of over 12 years which means I have more experience than you. Do you just have a license and I bet you my product is just as good if not better as yours and I don’t appreciate you cutting the rest of us home distillers down, but I’m not gonna get mad about it. You’re entitled to your opinion. My opinion is I would rather be a home distiller than what you currently have that way I can enjoy my hobby instead of trying to be an arrogant. my hobby instead of trying to be a arrogant master distiller who thinks he knows everything and really doesn’t he just has the money to own a legal distillery. You are no different than the rest of us, sir we all love the art of making moonshine.
You don’t even know the bourbon laws. NOTHING in the law says it has to be American oak; it is just the industry standard. It states, “new charred oak containers”, it doesn’t even have to be a barrel. You say it can’t use more than one barrel, where do you think “double barrel” batches come from? A “Bottled In Bond” doesn’t even restrict you from using a second barrel. Also, to keep the “straight bourbon you must stick with only oak, BUT you can finish it in even cognac barrels, as long as you put “finished in cognac barrels” on the label as well as drop the “straight bourbon” name for “bourbon”. Hell, a Google search tells you that much. You seem like the kind of guy who would push for gun control while owning an armory company. Trust me when I say, your paycheck isn’t in danger; there are plenty of people who still want store-bought, plus not every home distiller is going to be aging their spirits for years and years. Even if they do, they will need bourbon from uppity, self-righteous Karens like you. I wish you had said who you work for, so I knew who not to buy from.
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.
Exactly but I can go by woodworking tools and use them w/o a permit. Same with masonry, electrical and many other equally dangerous endeavors. The only reason there are regulation to Distilling is because it can harm the over all alcohol market. it has nothing to do with safety or protecting people but rather everything to do with money. To think that this is about safety is to fall for their ploy, and become a useful idiot for them to use. Also this is the USA land of the free, I can legit make a gun legally in my shed. I should be able to still my own hooch.
https://www.ttb.gov/online-services/ponl/ponl-tutorial-part-1-dsp-page-1 still has not been updated and reads:
Part One – What You Need To Know Before You Apply (Distilled Spirits)
Did You Know…?
Distilled Spirits Plants cannot be located in a residence, or in a shed, yard or enclosure connected to a residence, vessel or boat.
A person may not produce distilled spirits at home for personal or family use.
Generally you should have construction completed and necessary equipment in place or on order before you submit your application.
You must not begin operations until TTB has approved your application.
Keep in mind that this ruling applies to the plaintiffs only. In order to obtain a permit in your residence you will need to show your membership certificate. To all others, the location requirements still apply.
Excellent work!! Giant step forward. Does this mean home distilling as an HDA member in the state of Texas only applies at the Federal level and not the state and local level?
Correct. We ran out of time in Texas during the last session, but our bill had great support. Hopefully, we can get it through next year, but until then you would need a TABC permit, which is not cheap.