TBA Law Blog


Posted by: Azya Thornton on Apr 22, 2026

The U.S. 6th Circuit Court of Appeals has upheld the constitutionality of a nearly 158-year-old federal ban on home distilling,  creating a split with the U.S. 5th Circuit Court of Appeals, which recently struck down the law. According to Reuters, in a 2-1 decision, the 6th Circuit said the ban is a “necessary and proper” means of enforcing federal excise taxes on distilled spirits, rejecting a challenge brought by an Ohio brewery owner who sought to produce whiskey at home for personal use. Read the opinion. The ban, enacted in 1868 to curb tax evasion, carries potential penalties including fines and prison time. Attorneys for the plaintiff said they plan to appeal to the U.S. Supreme Court.