Home distilling: the law and the history
In the United States you may brew beer or make wine at home. Distilling spirits at home is a federal felony. The reason is a tax law from 1868, and in 2026 that law reached the Supreme Court.
Status as of October 31, 2026
- On October 19, 2026 the Supreme Court agreed to decide whether the federal ban on stills in homes is constitutional (Department of Justice v. McNutt, No. 26-204).[2]
- Until the Court rules, the ban is still federal law in nearly the whole country. A court order protects only the plaintiffs in that case and the members of the Hobby Distillers Association.[3]
- Two appeals courts disagree: the Fifth Circuit struck the ban down, the Sixth Circuit upheld it.[4,5]
Read the full legal status or follow the case tracker
Contents
- A short history of distilling Alchemists' alembics, medieval "water of life," the Whiskey Rebellion, moonshine, Prohibition and NASCAR.
- Why home distilling is illegal Taxes, not safety: the two lines of federal law behind the ban, the real risks, and common myths.
- Where the law is heading The court cases, the Supreme Court review, the Freedom to Home Distill Act, state laws and the TTB.
- The Supreme Court case, filing by filing DOJ v. McNutt: status, next deadline and every document.
- Beer and wine at home What federal law allows home brewers and winemakers, and where the line is.
- Around the world New Zealand has allowed home distilling since 1996; most other countries still require a licence.
- Further reading An annotated list of books on moonshine, Prohibition, bourbon and alcohol law.
- Gift ideas Books, glassware and homebrewing kits for whiskey and history lovers.
The short version
The federal government taxes distilled spirits at the moment they come into existence, at $13.50 per proof gallon for most spirits.[6] To collect that tax, the law keeps every still where tax officers can find and inspect it. Since 1868 it has forbidden any distillery "in any dwelling house" or in a shed, yard or enclosure connected to one.[7] Using or keeping a still there to make spirits can mean up to five years in prison and a $10,000 fine for each offense.[8]
Beer and wine are different because Congress made exceptions for them. Home winemaking was allowed for heads of households before 1978, and in 1978 Congress added home brewing and opened both to any adult, up to 100 gallons a year (200 for a household of two or more adults).[9,10,11] Spirits never got that exception. The government's own agency says it plainly: federal law prohibits producing distilled spirits at home.[12]
What this site is, and what it is not
HomeDistiller.net explains the law and history of home distilling in plain language, with a source for every claim. It is not a forum, it gives no instructions for making spirits, and it is not legal advice.
It is also not affiliated with homedistiller.org, the large hobby forum. If that is what you were looking for, you will find it at homedistiller.org.[13]
Sources
- Edwin Landseer, The Illicit Highland Whisky Still (1829) Wikipedia file page (public domain in the United States)
- Docket No. 26-204: Department of Justice v. McNutt Supreme Court of the United States, petition granted October 19, 2026
- Petition for a writ of certiorari, DOJ v. McNutt (appendix includes the Fifth Circuit and district court opinions) Office of the Solicitor General, August 14, 2026
- McNutt v. U.S. Department of Justice, No. 24-10760 (opinion) U.S. Court of Appeals for the Fifth Circuit, April 10, 2026
- Ream v. U.S. Department of the Treasury, No. 25-3259 (opinion) U.S. Court of Appeals for the Sixth Circuit, April 21, 2026
- 26 U.S.C. § 5001: Imposition, rate, and attachment of tax Legal Information Institute, Cornell Law School
- 26 U.S.C. § 5178: Premises of distilled spirits plants Legal Information Institute, Cornell Law School
- 26 U.S.C. § 5601: Criminal penalties Legal Information Institute, Cornell Law School
- 26 U.S.C. § 5053(e): Beer for personal or family use Legal Information Institute, Cornell Law School
- 26 U.S.C. § 5042(a)(2): Wine for personal or family use Legal Information Institute, Cornell Law School
- Public Law 95-458, 92 Stat. 1255 (home beer and wine exemptions) U.S. Government Publishing Office, approved October 14, 1978
- Home Distilling Alcohol and Tobacco Tax and Trade Bureau (TTB), page last updated March 17, 2025
- Home Distiller (hobby forum) homedistiller.org (not affiliated with this site)
