# Home-distilling ban ruled unconstitutional **URL:** \ **Category:** Politics & Elections\ **Tags:** liquor-alcohol\ **Created:** [July 15, 2024, 7:27am UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249 "2024-07-15T07:27:08Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 9:07pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/41 "2026-04-19T21:07:36Z")
If someone is only making liquor for their own consumption then fine…with you 100%. What about giving it to family? Neighbors? Friends? Friends of friends? Where does that stop? It is naive to suppose people will not try to take advantage of these more lax rules and regulations. We have seen what happens when food regulation slips (in one way or another) and things you do not want end up in the food supply. Why would you think this would be any different? ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [April 19, 2026, 9:20pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/42 "2026-04-19T21:20:41Z")
I’m not sure what you think the risks are, so I can’t really address your question. I’ve provided cites that methanol is not a problem. Do you disagree with those, or is there some other risk you are thinking of? ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [April 19, 2026, 9:30pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/43 "2026-04-19T21:30:51Z")
There are no regulations that apply to my making food for me, or giving it to my friends and family, bring it to neighborhood potlucks, etc. all the food regulations have to do with what you can buy and sell. (Preparation at restaurants is covered because people are buying that food.) This seems similar. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 9:31pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/44 "2026-04-19T21:31:27Z")
Ok… > [Methanol intoxication](https://www.sciencedirect.com/topics/pharmacology-toxicology-and-pharmaceutical-science/methanol-poisoning) is an important poisoning for emergency physicians and has a high [mortality rate](https://www.sciencedirect.com/topics/pharmacology-toxicology-and-pharmaceutical-science/mortality-rate). It is also an important public health problem for the society as the methanol participates in the structure of many industrial solutions. In recent years, deaths due to methanol-related intoxications have increased in many countries around the world, including Turkey as well. One of the main reasons for the increase in these deaths in our country is the expensiveness of baranded commercial alcoholic drinks and for this reason the increase in the production of self-made alcohol at home. In addition, in our country, the production of alcoholic drink at home is increasing both for hobby purposes and for being different and similar reasons. Accordingly, the distillation of alcohol at home with various brewing systems has become an increasing phenomenon in recent years. This may cause under-the-counter, fake, or unknown content alcohol poisonings. Herein we present three patients belonging to the same family, who admitted to our emergency department (ED) after consuming the alcoholic drink they made at home, but died despite the optimal treatment.- [SOURCE](https://www.sciencedirect.com/science/article/abs/pii/S2352007822000336) And… > At least 154 people have died and more than 200 others have been hospitalized after drinking tainted alcohol in India, officials said. > > The victims consumed unregulated moonshine, known locally as “country-made liquor” in the northeast state of Assam. - [SOURCE](https://www.cnn.com/2019/02/24/asia/india-alcohol-poisoning) And… > Every few months, reports circulate of large numbers of people falling ill after a wedding or other gathering. The illnesses - often deaths too - are blamed on bad alcohol; cheaply made homebrew which contains potentially lethal levels of methanol. - [SOURCE](https://www.bbc.com/news/world-asia-46423180) ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 9:33pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/45 "2026-04-19T21:33:59Z")
> [@puzzlegal](#): > > This seems similar. Not really since I think there is a lot more skill/knowledge and properly maintained/run equipment to distill alcohol than there is to cooking an egg. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [April 19, 2026, 9:39pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/46 "2026-04-19T21:39:33Z")
Please, just read my previous posts here and in the [other active thread on the subject.](https://boards.straightdope.com/t/could-home-whiskey-distilling-cause-low-blood-pressure-and-a-heart-attack/1029209) This has been addressed multiple times. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [April 19, 2026, 9:39pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/47 "2026-04-19T21:39:42Z")
Note that in the India case with 154 fatalities, methanol was added to the alcohol, not a normal byproduct of distillation. Read some of the links upthread. Every case I’ve seen so far of methanol poisoning involves doctored moonshine, not sloppy distilling practices. If you don’t properly get rid of the heads and tails of your distillate, you will have excess ethanol in your spirit. At those amounts, they typically just cause a worse hangover. You’d have to bottle and serve just the reserved heads and tails for it to cause a problem. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 10:00pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/48 "2026-04-19T22:00:50Z")
So, is it the contention here that as long is it doesn’t actually kill you if you drink it then it is ok? If your meth dealer doesn’t put too much fentanyl in the meth and you don’t die then fine? ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [April 19, 2026, 10:03pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/49 "2026-04-19T22:03:30Z")
Food poisoning is a lot more common than “bad distillery poisoning”. Of course, preparing food is more common than distilling liquor, too. But like others, I’ve never actually heard of a case where someone was poisoned by inappropriate distilling practices. A lot of the critical issues are the same (only use food -safe materials for parts that touch the food) and some are simpler: you don’t really need to worry about bacteria growing in the still. I’m not certain how easy it is to end up with methanol. I think it depends more on what you are distilling than on how you are distilling. That would make it like gathering wild mushrooms. There are a decent number of cases of people poisoned by wild mushrooms, but it’s still legal to gather them and serve them to your family. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [April 19, 2026, 10:05pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/50 "2026-04-19T22:05:13Z")
> [@Whack-a-Mole](#): > > So, is it the contention here that as long is it doesn’t actually kill you if you drink it then it is ok? > > If your meth dealer doesn’t put too much fentanyl in the meth and you don’t die then fine? Meth is illegal. Whiskey is legal. I don’t think people are protected from alcohol problems by needing to buy it from someone who manufacturers it commercially. Do you think this would create new problems? ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 10:14pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/51 "2026-04-19T22:14:48Z")
> [@puzzlegal](#): > > Meth is illegal. Whiskey is legal. I don’t think people are protected from alcohol problems by needing to buy it from someone who manufacturers it commercially. Do you think this would create new problems? Yes. Since meth is illegal there are no regulations. Liquor is legal and there are regulations. Now move that slider of regulated to less regulated (closer to what completely unregulated is) and what do you think is likely to happen? What industry has ever had your good health in mind as regulations decrease? ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [April 19, 2026, 10:23pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/52 "2026-04-19T22:23:30Z")
The regulations on industry aren’t going to change from this. As i understand it, this is only about the regulations on people who want to make whisky (and other distilled spirits) themselves. You still won’t be able to sell liquor without licensing, unless I’m totally misunderstanding this. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 10:26pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/53 "2026-04-19T22:26:33Z")
IIRC some home distilling was always allowed. You can [buy home brewing kits on Amazon.](https://www.amazon.com/s?k=home+brewing+kit&crid=1BTPMHT8EEMQG&sprefix=home+brewing%2Caps%2C180&ref=nb_sb_ss_p13n-expert-pd-ops-ranker_ci_hl-bn-left_1_12) I suppose this will differ state-to-state. If you have been able to do that since forever what is this ruling doing? Seems to me it is saying there are no limits. ETA: Is beer brewing distinguished from things like vodka in the law as regards home distilling? Can you make your own wine at home? (never heard of anyone doing that but could you in theory do it?) And if, at the end of the day, the whole thing is about alcohol why distinguish between any of them? ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [April 19, 2026, 10:37pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/54 "2026-04-19T22:37:49Z")
> [@Whack-a-Mole](#): > > IIRC some home distilling was always allowed. You can [buy home brewing kits on Amazon.](https://www.amazon.com/s?k=home+brewing+kit&crid=1BTPMHT8EEMQG&sprefix=home+brewing%2Caps%2C180&ref=nb_sb_ss_p13n-expert-pd-ops-ranker_ci_hl-bn-left_1_12) Not really - the link you provided is home-brewing but not distilling setups. But you’re not 100% wrong, they are some very carefully labeled “essence distillers” or similar language for sale online, theoretically aimed at people who want to distill essences for things like perfume and soap. With GARGANTUAN amounts of wink-wink-nudge-nudge. Speaking from second-hand personal experience. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [April 19, 2026, 10:41pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/55 "2026-04-19T22:41:55Z")
> [@Whack-a-Mole](#): > > IIRC some home distilling was always allowed. You can [buy home brewing kits on Amazon.](https://www.amazon.com/s?k=home+brewing+kit&crid=1BTPMHT8EEMQG&sprefix=home+brewing%2Caps%2C180&ref=nb_sb_ss_p13n-expert-pd-ops-ranker_ci_hl-bn-left_1_12) Brewing and distilling are not the same thing. When you brew, you use the natural process of fermintation to produce alcohol. Distillation is when you take the fermented product and boil it to concentrate the alcohol. Brewing your own wine and beer has been legal (in just jurisdictions) for a while but distillation has been illegal. Mostly to protect government revenue rather than any genuine safety concerns. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 19, 2026, 10:52pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/56 "2026-04-19T22:52:28Z")
> [@Whack-a-Mole](#): > > Can you make your own wine at home? (never heard of anyone doing that but could you in theory do it? WTH are you talking about? There are home brewing and wine making stores all over the place that sell the equipment to make beer and wine. Lots of people do it. Myself, my brother, and my brother-in-law all home brew beer and make wine. My brother-in-law does it a lot. It’s been legal federally since February, 1979 after President Carter signed a bill. It’s now also legal in every state ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 19, 2026, 10:55pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/57 "2026-04-19T22:55:18Z")
I know home brewed beer is done a lot. I have never heard of wine being done. Teach me! (please) (knowing I live in a hi-rise apartment and have no room for barrels) ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 19, 2026, 10:59pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/58 "2026-04-19T22:59:07Z")
> [@Whack-a-Mole](#): > > Teach me! (please) > > (knowing I live in a hi-rise apartment and have no room for barrels) You don’t need barrels. You can use a 5 gallon carboy. Hell, you can use 2 liter bottles to make wine. They sell specific valves for doing it that way. You can even ferment Kool Aid. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [April 19, 2026, 10:59pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/59 "2026-04-19T22:59:13Z")
Wine is probably easier than beer. Both are already legal. But this thread is about distilling, not about brewing. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [April 19, 2026, 10:59pm UTC](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249/60 "2026-04-19T22:59:44Z")
If it is chemically synthesized ethanol, it’s probably purer than anything that can be produced by distillation. I’ve heard it claimed that such laboratory-grade ethanol is hangover free (but too expensive for mass consumption). > [@TroutMan](#): > > No they can’t. There are still laws about selling liquor. > > Unless you mean selling it illegally, in which case this law doesn’t change anything. Wasn’t that the basis of the government’s claim? Essentially “there’s no way we can make sure that private home distilling doesn’t get sold for profit without paying the tax, so it must be banned altogether”. [Previous page](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249.md?page=2) [Next page](https://boards.straightdope.com/t/home-distilling-ban-ruled-unconstitutional/1004249.md?page=4)