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Published United States

US ban on at-home distilling is unconstitutional, Texas judge rules

  • U.S. District Judge Mark Pittman ruled in favor of Hobby Distillers Association, stating the 156-year-old federal ban on home-distilling exceeded Congress' taxing power and violated the U.S. Constitution's Commerce Clause.
  • Pittman issued a permanent injunction preventing the U.S. Government from enforcing the ban against the association's members.
  • Department of Justice argued the ban protected government revenue from taxing spirits, but Pittman disagreed, stating the ban did not generate revenue and was unjustified.
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