Home Distilling Faces Legal Challenges

Americans can brew beer and make wine at home, yet attempting to produce whiskey or gin might result in legal trouble due to a federal law that has existed for over 150 years. This distinction caught the attention of John Ream, an Ohio resident and former aerospace engineer, who is also a home-brewing enthusiast. He wishes to distill small quantities of spirits at home for himself and his wife.

Ream’s attorney, Robert Alt, pointed out, “It is perfectly legal to make beer or wine at home, but making even a single ounce of distilled spirits at home is a federal felony.”

Ream’s passion for crafting his own drinks began when his now-wife, Kristin, gifted him a home-brewing kit. He shared with the Buckeye Institute, “Brewing was the perfect combination of art and science, and my engineering brain latched onto it.” This hobby eventually led Ream and his wife to open Trek Brewing Company in Newark, Ohio.

Despite this success, when Ream sought to make distilled spirits at home, he faced a different set of laws. While federal law permits home production of beer and wine for personal use, it strictly bans home distillation of spirits. Violations can incur heavy fines and prison time.

This issue has garnered interest within the home-brewing community. While the American Homebrewers Association, a trade group in Boulder, Colorado, does not have a stance on legalizing home distilling, it recognizes some members distill at home. The association emphasizes the importance of education and safety in beverage-making hobbies.

The distinction between beer, wine, and spirits has deep historical roots. The federal government started taxing distilled spirits in 1791, sparking the Whiskey Rebellion. By 1868, concerns about tax evasion led to a broader regulatory system, outlawing home distillation to ensure taxes were collected.

Ream’s legal case revolves around a central question: To what degree can Congress regulate lawful, non-commercial activities in private homes? The Sixth Circuit ruled against Ream in April, stating that the home-distilling ban supports federal liquor tax collection. However, 11 days prior, the Fifth Circuit had ruled the opposite, deeming the ban unjustified.

These conflicting decisions have reached the Supreme Court, though the justices have not committed to reviewing the cases. Alt explained, “The Supreme Court receives 7,000 to 10,000 petitions for review yearly, but currently hears about 60 cases.”

Ream and supporters argue that tax collection does not grant Congress authority to prohibit home distillation. For home brewers aspiring to create spirits, this legal battle might determine if the hobby can legally transition from commercial distilleries to private kitchens.