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US appeals court declares 158-year-old home distilling ban unconstitutional (www.reuters.com)
submitted 7 months ago by to c/news@lemmy.world
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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.

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[–] 83 points 7 months ago (12 children)

I'm seeing a lot of misinformation in this thread. Stills don't "blow up". That was a myth perpetuated by law enforcement in the same spirit that smoking pot will make you go crazy. Making soup in a pressure cooker is far more dangerous than using a still. Distilling liquor is done at atmospheric pressure, no part of the equipment is ever under pressure.

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  • [–] 13 points 7 months ago (3 children)
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  • [–] 6 points 7 months ago

    The setup in the video is not a still. It's a device designed specifically to create an explosion. You could replace the ethanol with hairspray, WD-40, butane from a lighter, gasoline, nail polish remover, or any number of household items to achieve the same effect.

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  • [–] 29 points 7 months ago (1 child)

    You don't need initial pressure to have an explosion. Flammable vapors in a confined space, even at low pressure, can explode if ignited.

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  • [–] 26 points 7 months ago

    If it exceeds a particular vapor pressure, the ethanol fumes become too rich to explode, just like any other explosive vapor. The high vapor pressures of a still wouldn't lend themselves well to exploding. Fires, sure. But unless you're distilling over an open flame and something horribly wrong happens with your still, it's not very likely to burst into flames. Most small scale hobbyist stills are electric nowadays

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  • [–] 5 points 7 months ago* (last edited 7 months ago) (2 children)

    Yeah, making moonshine was a rural pastime in my country for ages, even when it was illegal, and the most danger from it that I've heard of is that the result smells and tastes pretty damn nasty.

    Wikipedia says:

    Alcohol concentrations at higher strengths (the GHS identifies concentrations above 24% ABV as dangerous) are flammable and therefore dangerous to handle. This is especially true during the distilling process, when vaporized alcohol may accumulate in the air to dangerous concentrations if adequate ventilation is not provided.

    This sounds like it requires the air to taste like fortified wine.

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  • [–] 1 point 7 months ago

    Distilling in an enclosed space over open flames can result in flare-ups. This can obviously be prevented with adequate ventilation and/or using an electric heating element, but that doesn't guarantee everyone who tries it will have the requisite knowledge to do so safely.

    Doesn't mean it should be illegal, but like, if you're gonna try a potentially dangerous hobby, you know, like, read about it first? Distilling in ignorance can result in higher concentrations of fusel oils, methyls, and isopropyls, which can be toxic or even deadly. Hence the old "bathtub hooch makes you go blind" trope. Learn how to separate the heads and tails properly, or don't do it at all.

    So it's not like the only danger is fires and explosions. It should definitely require a license to do commercially, but hobbyists should still do their due diligence to ensure safety.

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