U.S. ban on at-home distilling is unconstitutional, judge rules

(REUTERS) – A federal judge in Texas has ruled that a 156-year-old ban on at-home distilling is unconstitutional, siding with a group that advocates for legalizing the ability of people to produce spirits like whiskey and bourbon for their personal consumption.

U.S. District Judge Mark Pittman, an appointee of Republican former President Donald Trump in Fort Worth, on Wednesday agreed with the Hobby Distillers Association’s lawyers that the longstanding ban exceeded Congress’s taxing power and ran afoul of the U.S. Constitution’s Commerce Clause.

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He issued a permanent injunction barring the ban from being enforced against the Hobby Distillers Association’s members but stayed his decision for 14 days so the government could seek a stay at the appellate court level.

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