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.
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Federal law still requires that distilled spirits be produced in a permitted facility. See those rules here.
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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.
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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:
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Educating AHA members on evolving laws and regulations
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Supporting safe, informed participation in fermentation and beverage-making hobbies
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Continuing to advocate for hobbyists broadly, as we have historically done for decades and since the AHA was founded in 1978.
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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)