Many Americans enjoy brewing beer or making wine at home. However, distilling spirits like whiskey or gin without running afoul of federal law, which has been in place for over 150 years, is a challenge.
The Case of John Ream
John Ream, an Ohio resident and former aerospace engineer, wants to distill spirits at home for personal use. Ream’s attorney, Robert Alt, explained, “It’s legal to make beer or wine at home, but distilling spirits, even a single ounce, is a federal felony.” Ream’s interest began with a home-brewing kit from his then-fiancée. His engineering background lent itself well to brewing.
He and his wife opened Trek Brewing Company in Newark, Ohio. Yet, when Ream explored distilling at home, he faced legal obstacles.
Legal and Historical Context
Federal law permits beer and wine production at home for personal use, but not distilled spirits. Violations result in severe fines and prison time. The American Homebrewers Association has no stance on home distilling but emphasizes safety.
This all dates back to historical circumstances. Taxing distilled spirits began in 1791, sparking the Whiskey Rebellion. In 1868, concerns over tax evasion led Congress to regulate distilling, restricting distilleries’ locations.
These old concerns raise modern legal questions. Alt poses, “How far can Congress regulate lawful activities at home?”
Legal Challenges
Federal courts are divided. The Sixth Circuit ruled against Ream in April. It found the law could support tax collection. Conversely, the Fifth Circuit found Congress’ taxing authority insufficient to justify the restriction.
Both cases have reached the Supreme Court, yet the justices haven’t agreed to hear them. Alt noted, “Of the 7,000 to 10,000 petitions, the court hears around 60 cases.” The government argues the law protects federal tax collection.
Home-distilling advocates, like Ream, assert Congress lacks authority to ban the hobby entirely.
The debate impacts home brewers wanting to distill spirits. Its resolution may determine if this hobby transitions from commercial distilleries to home production. Alt sees potential for celebrating freedom and embracing limited government.
Teresa Mull, a freelance writer with Fox News Digital’s Lifestyle team, contributed.