Thursday - August 27, 2026
Fifth & Sixth Circuits Divided on Whether the Necessary & Proper Clause Authorizes Federal Ban on At-Home Spirit Distilling Topic of White Paper From CRS
August 27, 2026
WASHINGTON, Aug. 27 (TNSLrpt) -- The Congressional Research Service issued the following Legal Sidebar white paper (No. LSB11459) by legislative attorney Milan N. Ball:

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For more than 150 years, federal law has banned individuals from distilling spirits at home. Internal Revenue Code (IRC) Sec.Sec. 5601(a)(6) and 5178(a)(1)(B) prohibit individuals from producing spirits at home for personal consumption by restricting a spirit distillery's location and attachin . . .

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