UPDATE: Legalization efforts for home distilling

The Pub
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Hello AHA members and AHA Forum community. I want to share a recent legal development related to efforts to legalize home distilling. The April 10, 2026, federal court ruling, stemming from a lawsuit against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, is attached.

It argues aspects of current federal law restrict at-home distillation and are unconstitutional. It was brought forth by four plaintiffs challenging long-standing federal restrictions. My understanding is the feds now have approximately 90 days to seek review, so the legal outcome is not yet final.

What this means - Even if this ruling stands, it does not immediately legalize home distilling.

  • Federal law still requires that distilled spirits be produced in a permitted facility. See those rules here.

  • Individuals may apply for a federal permit. Here is the TTB page on where to apply. Warning: this process is only for the dedicated who are all in on paperwork and process which is counter to being a hobbyist and amateur.

  • Applicable federal excise taxes and compliance requirements remain in place. Those are also counter to being a hobbyist practicing a pastime in their home and who don’t sell for profit.

Context - In 2024, I brought the issue forward on the AHA Forum, receiving some positive interactions and comments on the effort. Also in play, as shared by the Hobby Distillers Association, is a separate lawsuit in Ohio. Complaint, Ream v. DOT, No. 2:24-CV-364 (S.D. Ohio Jan. 30, 2024), Dkt. No. 1 with them reporting that case is pending before the Sixth Circuit.

As many of you know, the 21st Amendment to the United States Constitution grants states primary authority over alcohol production, sales, and distribution within their borders. Meaning any broader legalization would still depend heavily on state-level action.

AHA perspective - Currently, the American Homebrewers Association does not have an official position on this issue. That said, we recognize the importance of:

  • Educating AHA members on evolving laws and regulations

  • Supporting safe, informed participation in fermentation and beverage-making hobbies

  • Continuing to advocate for hobbyists broadly, as we have historically done for decades and since the AHA was founded in 1978.

  • Hobbyist activities grounded in beverage exploration, education, sensory innovation, and community should be treated fairly and intentionally, and not be restricted or criminalized.

A note to media and content creators - We encourage those covering this story to represent home distilling accurately. Too often, coverage relies on imagery and sources from professional (for sale producers) rather than from real-world hobbyists. Authentic representation matters, especially in shaping public understanding of the community and culture behind the hobby of fermentation, brewing and yes distilling.

The AHA has members who home distill. If you are a member who would be willing to speak to the media on this issue or a member of the media who wants to connect with those members, DM me or email me: ed@homebrewersassociation.org

Looking ahead - The AHA welcomes the opportunity to learn more and to help inform the beverage community as this issue evolves.

We will continue to monitor developments and share updates as appropriate.

Cheers,
Julia Herz
Executive Director
American Homebrewers Association

P.S. For those interested in the history of homebrewing legalization and the AHA’s role, we encourage you to explore that story as well. To learn more, see here, and to join or renew the AHA, go here.

24-10760-CV0.pdf (260.2 KB)

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Thanks for the clarification. I don’t think most people see this.

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Great explanation!

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Encouraging home distilling is dangerous and irresponsible. I understand the debunked myths, but I am also aware of the real dangers to under-educated and inexperienced distillers as well as their family and friends and property. If AHA expands to include hobby home distilling, I will quit, disavow, and lobby against the AHA. (I won’t be reading any responses, so have at it.)

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Fully agree major safety issues and a whole new area with select differences to homebrewing and fermenting. It will be up to AHA members and leadership to decide how we navigate this and thanks to your integrity behind being cautious. Cheers.

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As a counterpoint (which will apparently go unread but I can’t control that), if home distilling does eventually become legal in some states, I think that would create a strong argument for a reputable organization to step in and help people do it safely.

Many things in life are dangerous, and often the best thing to be done is to disseminate accurate information so that people can make their own well informed risk management decisions. Botulism is a real danger, but that doesn’t stop groups (like university extension programs and even the USDA) from posting information about how to can food safely.

Whether the AHA is the right organization to do that is a fair topic for discussion.

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I wrote this in Mar '24. It is relevant today:

The arguments against home distilling usually fall into the following categories: 1) it’s dangerous to make, 2) it’s deadly to drink, and 3) the government’s wallet will be hurt. However, these arguments for preventing home distilling legalization are completely disputable:

  1. Distilling isn’t necessarily any more dangerous than pumping gas at a service station or cooking on a stove top — the same principles apply. Sure, an explosion can occur if distillate comes in contact with an open flame. But similar to pumping fuel for their car, people just shouldn’t be smoking cigarettes while distilling alcohol.

New Zealand legalized distilling in 1996 and the instances of still related explosions and fires are tracked. Compared with household fires started from cooking accidents, according to the statistics distilling is safer than frying up some bacon and eggs.

  1. Even if home distillers somehow forgot to take out the nasty smelling and awful tasting foreshots they would become drunk and pass out long before they would be able to consume enough methanol to sustain any serious injury. By the way, home brewed beer has methanol in it as well. We just don’t concentrate it by separating the water from the other constituents in our beer. Even jacking beer or cider by freeze distillation (i.e. Eisbock, Apple Jack), won’t concentrate the methanol and fusel oils normally removed via heat distillation to a point of methanol poisoning. It’s not any more dangerous than drinking an entire gallon of hard apple cider. Not advisable, but it’s not going to kill you. The same qty of crap is in both. All you’ve done is removed water. Shot glasses are small for a reason. Consume responsibly.

People were/are injured from moonshine by drinking poorly made products often with crude equipment or unscrupulous additives. With today’s safety features, home stills are safe to operate and the product is safe to consume if principles are properly applied. I had a buddy who blew the lid off his pressure fermenter because he didn’t have a pressure release or spunding valve installed. He overlooked tried and true principles and replaced it with Dumb@$$.

  1. I think the real reason home distillation is illegal is in 2020, state and local governments collected ~$7.5 billion in alcohol taxes. If distilling would be made legal, the argument goes that people would just distill their own spirits at home and would spend less or no money on taxed alcohol. I disagree.

As fun, simple, and educational distilling spirits at home might be, like Homebrewing few would actually take up the sport for the same simple reason there are so few home brewers compared to beer drinkers: We live in an instant feedback society. Making bread, pizza, BBQ, beer, pickles, grow a garden, paint the house, or mow the lawn takes time and effort. Today’s society pays for the convenience of someone else to do time consuming tasks. There will be very little to no revenue lost because the average consumer won’t take the time to make their own.

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You could say the exact same thing as homebrewing, canning, other fermentation products, or even home cooking.

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Well said. In addition, there are many home distillers already and I know of several. The equipment is readily available and legal to buy. It is extremely hard for law enforcement to control and very likely not worth the effort.