High spirits: Supreme Court to decide fate of federal ban on home distilling

WASHINGTON — In a boost for those who want to make whiskey in their bathtubs or gin in their kitchens, the Supreme Court on Monday announced it will consider whether to strike down a long-standing federal ban on distilling spirits at home. Although interest in the home distilling of hooch has continued despite the 150-year old ban, advocates hope the court will remove the threat of criminal sanctions, which can include a fine of up to $10,000 and a maximum sentence of five years in prison. For decades, people have been able to make wine and beer at home for personal use without any penalties. The distilling ban was enacted in 1868 in a bid to counter tax evasion by those making spirits.

It bars the distilling of spirits in “any dwelling house” or surrounding structures. The challengers include the Hobby Distillers Association and several of its members. One, Scott McNutt, has a still at home that he has used to distill fuel alcohol. Another, Rick Morris, owns a company that manufactures stills that can be used at home. They sued in Texas after being told by the federal Alcohol and Tobacco Tax and Trade Bureau, part of the Treasury Department, that they could not obtain a license to distill at home because of the federal ban. The lawsuit contains