in Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau (Hobby Distillers), a federal district court in Texas has held that federal laws banning distilled spirits plants (aka “stills”) in homes or dwellings exceed the scope of Congress’ enumerated powers. The court decided the prohibitions exceed the scope of the federal taxing power and the Interstate Commerce Clause, even as supplemented by the Necessary and Proper Clause. The court further entered a permanent injunction barring enforcement of these provisions against those plaintiffs found to have standing (one individual and members of the Hobby Distillers Association.)

This is good news for those who distill or brew their own home-based alcoholic beverages as it appears to eliminate the Federal Government’s power to enforce existing law that bans such brewing. However, before you set up your still you should contact your attorney. It is possible that the Government could rectify this problem by simply imposing a tax upon home brewed beverages. However, to date, Congress has not passed a constitutional tax on home brews.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.