Home distilling

Ruken
Sat, 11 Apr 2026 12:13:04 +0000
Great Debates

The 5th Circuit just ruled that the 1868 federal law banning home distillation of alcohol is unconstitutional.

https://www.reuters.com/legal/government/us-appeals-court-declares-158-year-old-home-distilling-ban-unconstitutional-2026-04-10/

I’d like to discuss two matters. The first pertains to the recent ruling and whether the current laws on the books are constitutional. I’m not legally savvy enough to weigh in, but that won’t stop others.

The second is whether and how various levels of government ought to regulate home distilling. While I can’t speak to the soundness of the ruling, I like the outcome, as I have long felt home distilling should be legal and subject only to minimal safety regulation.

The biggest risk is around inflammable liquids and vapors, requiring proper ventilation and care around ignition sources. State and local fire codes may apply.

I’m sure someone will bring up methanol. The cases of methanol poisoning we read about are from deliberate adulteration. Methanol does naturally occur, especially in high-pectin mashes (e.g., from fruit). But let’s please dispel the dangerous myth spread by non-chemists that methanol is concentrated in the heads/foreshots. Distillation does not separate by boiling point. Ternary azeotropes are complicated. And methanol, if present in the mash, will be found in all fractions and can even be concentrated in the hearts or tails depending on the overall mix. The early fractions are removed due to the presence of other compounds that taste bad.

17 posts - 11 participants