In July 2024, a federal judge declared the ban on home distilling to be unconstitutional. That law had stood as the law of the land since 1868. The rules for beer and wine were modified in 1979 but distilled spirits were excluded from the at-home rule changes.
In December of 2023, the Hobby Distillers Association and four of its individual members – sued the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, arguing that the federal prohibition of at-home alcohol beverage distilling runs afoul of the United States Constitution. On July 10, 2024, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional.
The court found that:
- The federal ban on home distilling exceeds the scope of the federal government’s limited powers.
- The Constitution’s tax power does not allow the federal government to ban home distilling, largely because the ban does not add money into the federal treasury or protect federal tax revenue.
- The Constitution’s power to regulate interstate commerce does not allow the federal government to ban home distilling, largely because the ban neither regulates interstate commerce directly nor is it related to any larger regulatory scheme.
Home Distilling Laws Must Now Change at the State Level
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That law took care of things at the federal level but not at the state level. Now, it’s time for the states to do their part to legalize home distilling. The Hobby Distillers Association from Texas is working with State Representative Giovanni Capriglione. Working together with the Association, Capriglione has introduced House Bill 2278. The full text is below.
Quick Summary of Texas House Bill 2278
The proposed Texas law is asking for two main things. Both items are very simple and straight forward.
- The head of a family or an unmarried adult may produce for the person’s use or the use of the person’s family not more than 200 gallons of wine, malt beverages, or liquor per year.
- No license or permit is required.
Rick Morris, Founder of the Hobby Distillers Association, has been working diligently with Representative Capriglione to take the next step to legalize home distilling in Texas.
“Rep. Capriglione and his aides worked very hard on this, gathering input from industry and government agencies to ensure a solid bill that all were happy with,” said Morris. “On January 30, 2025, that proposed bill was filed. This is a tremendous step toward legalizing home hobby distilling and giving it equal acceptance alongside home hobby beer and wine making.”
“In addition to our provisions, the bill also updates the law to be more respective of today. The current law does not allow for such things as hobby mead making due to the restriction on ingredients. Another issue with the existing law is the mention of fortification being illegal. As Rep. Capriglione noted, mixing a low alcohol legally made home brewed beer with a higher alcohol commercial one, such as making a Black and Tan, was technically illegal. While it is highly unlikely that anyone would risk legal consequences, this was a good time to clean up the law and update it.
“This is obviously still not over. It is even more important at this point that all those in Texas who would like to distill at home as a hobby reach out to their representatives and tell them that you want them to back this bill. There is still work to be done to see this pass the finish line, so it is not a time to be complacent and just watch how things progress. If you would like to see the right to distill as a hobby become legal, please get involved. While the hard work is done, our representatives need to know where we stand. Our representative, Representative Capriglione, has shown that we have elected officials that listen to their constituents and truly work to represent them, so reach out to your own local representative. Thank you to Representative Capriglione, Mr. McCaslin, and all of the staff who have worked to get this to the point it is.”
Trying to get similar laws passed in all 50 states will be like herding cats but this is a great start. West Virginia has already passed a law allowing home distilling but the volume in limited, you might say miniscule. The West Virginia law says that home distillers over the age of 21 can distill up to 5-gallons of distilled spirits at home. If there are two persons at home over the age of 21 that number doubles to 10-gallons. But hey, it’s a start!
Related Stories
– Federal Judge Rules Ban on Home-Distilling is Unconstitutional – Tonight We’re Going to Party Like it’s 1868 Jul 2024
– West Virginia Governor Signs House Bill 4793 Legalizing Home Distilling – A Whopping 5 to 10 Gallons Mar 2024
– Ohio Senate Bill to Force Liquor Stores to Open-Reseal Allocated Bottles of Distilled Spirits. Will this Stop Flippers? Dec 2024
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Here is the full text of Texas House Bill 2278.
Texas House Bill No. 2278
89R10595 MPF-F
By: Capriglione H.B. No. 2278
A BILL TO BE ENTITLED
AN ACT
relating to the home production of certain alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 109,
Alcoholic Beverage Code, is amended to read as follows:
SUBCHAPTER B. HOME PRODUCTION OF WINE, [ALE,] MALT BEVERAGES, OR
LIQUOR[,OR BEER]
SECTION 2. The heading to Section 109.21, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 109.21. HOME PRODUCTION OF WINE, [OR] MALT BEVERAGES,
OR LIQUOR.
SECTION 3. Sections 109.21(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) The head of a family or an unmarried adult may produce
for the person's use or the use of the person's family not more than
200 gallons of wine, [or] malt beverages, or liquor per year. No
license or permit is required.
(b) The commission may prohibit the use of any ingredient it
finds detrimental to health or susceptible of use to evade this
code. Only wine made from the normal alcoholic fermentation of
honey or the juices of dandelions or grapes, raisins, or other
fruits may be produced under this section. Only malt beverages made
from the normal alcoholic fermentation of malted barley with hops,
or their products, and with or without other malted or unmalted
cereals, may be produced under this section. The possession of
wine, [or] malt beverages, or liquor produced under this section is
not an offense if the person making it complies with all provisions
of this section [and the wine or malt beverages are not distilled,fortified, or otherwise altered to increase their alcohol content].
SECTION 4. This Act takes effect September 1, 2025.
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