Federal Court Ruling Could Make Home Distilling Legal in Louisiana

LOUISIANA - Distilling your own alcohol like gin, whiskey, vodka, and more has been outlawed in Louisiana and the U.S. since the end of the Civil War, but three judges with the 5th U.S. Circuit Court of ‌Appeals in New Orleans, Louisiana just ruled this law unconstitutional.

The striking down of this long-standing ban on home distilling could potentially pave the way for residents in Louisiana and across the U.S. to legally produce their own liquor under the right conditions.

Here's what you need to know...

A 150+ Year-Old Alcohol Law Just Got Overturned

The law in question dates all the way back to 1868, shortly after the Civil War. It made it illegal for Americans to distill alcohol at home without federal approval, with penalties including steep fines and in some cases, even prison time.

Until now, it never dawned on me that home brewing of beer and wine is legal, but making your own distilled spirits like moonshine, vodka, etc., remains illegal. Well, that could soon change.

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The U.S. Court of Appeals for the Fifth Circuit in New Orleans which oversees Louisiana, Texas, and Mississippi, has recently ruled the ban on home distilling unconstitutional.

Why The Court Said The Ban Doesn’t Hold Up

Here's the odd thing about the 150+ year old law. It was put into law to prevent tax evasion, but in actuality it prevented any type of taxes at all.

From reuters.com -

Originally, the law was meant to prevent tax evasion. But judges argued the opposite effect was happening by banning distilling altogether, the government was actually preventing taxable products from being created.

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What This Means For Louisiana

This ruling does not automatically make home distilling legal in Louisiana, at least not yet. Even though the federal ban has been struck down, if home distilling does become legal you'll still need proper federal permits, there will certainly be taxes that will come along with this, and Louisiana state laws still control what’s allowed locally.

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So while this is a big step forward, you can’t start firing up a backyard still just yet.

Read more at reuters.com.