Could Home Distilling Soon Be Legal? Federal Case Moves Forward

Montana's Craft Beverage Culture

Montanans have never exactly been shy about enjoying a good drink. You can see that in the explosion of local breweries across the state and the pride we take in craft beverages. But when it comes to distilling your own whiskey or moonshine at home, that’s still illegal under federal law. 

The Legality of Home Distilling

That said, there’s a case moving through the courts right now that could eventually change that. 

READ MORE: Montana Actually Ranks High When It Comes To Excellent Beer Choices

According to reporting from Reuters, the federal government is appealing a decision that challenges a long-standing ban on home distilling. The law in question dates back more than 150 years, originally tied to liquor tax evasion and subjected violators to up to five years in prison and a $10,000 fine. 

via GIPHY

The case was decided by the 5th U.S. Circuit Court of Appeals in New Orleans, which ruled in favor of the Hobby Distillers Association and its 1,300 members.  

READ MORE: Montana Ranked Top 5 for Dangerous Bar Nights

Writing for a three-judge panel, Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which the government could collect taxes. 

She also said that under the government's logic, Congress could criminalize virtually any in-home activity that might escape notice from tax collectors, including remote work and ‌home-based ⁠businesses. 

Potential Nationwide Changes

Right now, the ruling is on hold while the appeal process continues. Agencies like the U.S. Department of Justice and the Alcohol and Tobacco Tax and Trade Bureau are involved, but haven’t said much publicly. 

If this case keeps moving up and eventually reaches the Supreme Court of the United States, it could have nationwide implications. 

So what does that mean for Montana? 

For now, nothing changes. Home distilling is still illegal. But if the courts ultimately strike down the ban, it could open the door for Montanans to legally make their own whiskey, moonshine, or other spirits at home someday. 

Get our free mobile app

It’s far from a done deal, but it’s definitely one to watch.