Americans are free to brew beer and make wine at home, but creating whiskey or gin can lead to legal issues. This law has been in place for over 150 years.
John Ream, an Ohio resident and former aerospace engineer, wants to distill small amounts of spirits at home for personal use. “It’s legal to make beer or wine at home, but producing even a single ounce of spirits is a federal felony,” noted Robert Alt, Ream’s attorney.
Ream’s journey into home brewing began when his wife, Kristin, gifted him a home-brewing kit. “Brewing combined art and science, appealing to my engineering mindset,” Ream explained. He and Kristin opened Trek Brewing Company after years of brewing experiments.
However, Ream encountered strict regulations when he shifted interest to home distilling. Federal law permits home production of beer and wine, but not distilled spirits. This violation involves significant penalties.
“A great opportunity to celebrate freedom and limited government.”
The American Homebrewers Association hasn’t taken an official stance on legalizing home distilling, focusing instead on education and safety.
The different treatment of spirits began with laws enacted centuries ago. The federal government started taxing distilled spirits in 1791, contributing to the Whiskey Rebellion. In 1868, Congress expanded regulations and restricted distillery locations, due to concerns about tax evasion.
This historical tax dispute has raised a modern question: How far can Congress regulate local non-commercial activities in private homes? Alt emphasized this is the central issue in Ream’s case.
Two federal appeals courts have reached different conclusions. The Sixth Circuit ruled against Ream in April, supporting federal tax collection. Conversely, the Fifth Circuit found the restriction unjustified by Congress’ taxing powers.
Both cases have been presented to the Supreme Court, but justices have yet to decide on hearing them. Alt remarked on the low number of cases the Supreme Court reviews each year amidst thousands of petitions.
The federal government maintains the ban as necessary for protecting and collecting excise taxes. Ream and advocates argue Congress shouldn’t ban the hobby for tax reasons.
For home brewers aspiring to produce spirits like whiskey or gin, this debate may determine if home distilling can become a legally accepted hobby.
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