At-Home Distilling

[stgislander]

Interesting.

Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

Federal judge in Texas ruled that an 1868 ban on at-home distilling exceeded Congress's taxing power and violated the U.S. Constitution's Commerce Clause.

www.foxnews.com

 

[Sneakers]

I see a resurgence in greenhouse gasses coming.

 

[HemiHauler]

Interesting.

Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

Federal judge in Texas ruled that an 1868 ban on at-home distilling exceeded Congress's taxing power and violated the U.S. Constitution's Commerce Clause.

www.foxnews.com

5th Circuit ruling here:

https://cei.org/wp-content/uploads/2023/12/Distilling-District-Court-Order.pdf

This footnote is interesting. Is this ruling suggesting that Justice (and Founding Father) John Marshall had less of an understanding of “Necessary and Proper” than the Fifth Circuit does?

*For an insightful discussion of the original understanding of the limits of federal power as enabled by the Necessary and Proper Clause, see Steven Gow Calabresi, Elise Kostial, & Gary Lawson, "What McCulloch v. Maryland Got Wrong: The Original Meaning of 'Necessary' Is Not 'Useful, 'Convenient, or
'Rational," 75 BAYLOR L. REV. 1 (2023).

 

[Merlin99]

I’ve noticed a lot of home distilling rigs for sale for the last several years, some cheap and some quite nice looking that could cook off about 5 gallons of mash.

 

[vraiblonde]

I never knew it was illegal to make booze for your personal consumption. People brew their own beer and make their own wine all the time, and I know at least one person who makes some hella wicked apple pie moonshine.

 

[HemiHauler]

I think West Virginia legalized distilling with limits.

Hope it passes. Would likely have the effect of legalizing growing certain herbs and mushrooms too!

 

[Ken King]

I think West Virginia legalized distilling with limits.

Hope it passes. Would likely have the effect of legalizing growing certain herbs and mushrooms too!

Jim Justice signed it, went into affect in June. Household limit is 10 gallons per year for two or more people over 21 or 5 gallons for only one person over 21.

 

[HemiHauler]

I never knew it was illegal to make booze for your personal consumption. People brew their own beer and make their own wine all the time, and I know at least one person who makes some hella wicked apple pie moonshine.

Beer and wine OK. Distilled spirits no because it can kill you if you don’t know what you’re doing.

 

[SamSpade]

Didn't Michigan, during the pandemic - ban GROWING VEGETABLES?

 

[HemiHauler]

Didn't Michigan, during the pandemic - ban GROWING VEGETABLES?

No. That’s a misrepresentation.

They did declare gardening-related retail as non-essential, for better or worse. But small-scale subsistence gardeners/farmers don’t typically walk into retail stores to get their seeds.

 

[stgislander]

Beer and wine OK. Distilled spirits no because it can kill you if you don’t know what you’re doing.

Gotta throw out the heads.

 

[SamSpade]

No. That’s a misrepresentation.

They did declare gardening-related retail as non-essential, for better or worse. But small-scale subsistence gardeners/farmers don’t typically walk into retail stores to get their seeds.

I'm missing something. I never thought it meant FARMERS couldn't grow stuff - just, people like you and me growing in their back yard. The sort of people who during the pandemic, probably could have USED a tomato or squash plant growing out back.

 

[HemiHauler]

I'm missing something. I never thought it meant FARMERS couldn't grow stuff - just, people like you and me growing in their back yard. The sort of people who during the pandemic, probably could have USED a tomato or squash plant growing out back.

I shouldn’t have used the term “farmers” at all, since that conveys something very specific.

They certainly didn’t ban growing vegetables AT ALL. Yes, sales of seeds were declared non-essential. All I am saying is the it affected very few — maybe only those who were just bored and went to Wal-Mart, etc., and wandered the aisles looking for something other than board games to occupy their time.

Detroit, in particular, has a huge community/subsistence gardening culture. These types of people likely NEVER would use Wal-Mart or equivalent to buy seeds. Nor does my household - we mail order from specialty mail order/online stores, and our lot is < .25 acre.

That was the extent of it.

 

[Kyle]

This will certainly make for more amusing attempts of millennials, bored with making horrible beer.

Now they can try their hand at making horrible, possibly lethal, whiskey.

 

[Merlin99]

I shouldn’t have used the term “farmers” at all, since that conveys something very specific.

They certainly didn’t ban growing vegetables AT ALL. Yes, sales of seeds were declared non-essential. All I am saying is the it affected very few — maybe only those who were just bored and went to Wal-Mart, etc., and wandered the aisles looking for something other than board games to occupy their time.

Detroit, in particular, has a huge community/subsistence gardening culture. These types of people likely NEVER would use Wal-Mart or equivalent to buy seeds. Nor does my household - we mail order from specialty mail order/online stores, and our lot is < .25 acre.

That was the extent of it.

I’m guessing you’ve never been to Detroit, they have more community gardens than anywhere you’ve seen. A lot of it is because so much of the area is imported and want the things they’re used to. A lot of the city has one person that owns a tiller that will till a plot in the yard for $20.00 and then move to the next one. For all of its industry it’s still very fertile ground. My grandparents lived just outside of the city and we were in the city pretty often.


I just noticed I read your post backwards, and I apologize.

 

[HemiHauler]

I’m guessing you’ve never been to Detroit, they have more community gardens than anywhere you’ve seen. A lot of it is because so much of the area is imported and want the things they’re used to. A lot of the city has one person that owns a tiller that will till a plot in the yard for $20.00 and then move to the next one. For all of its industry it’s still very fertile ground. My grandparents lived just outside of the city and we were in the city pretty often.


I just noticed I read your post backwards, and I apologize.

OK. I have family in Hamtramck.

 

[Merlin99]

OK. I have family in Hamtramck.

Grandparents were right next door in highland park

 

[SamSpade]

I shouldn’t have used the term “farmers” at all, since that conveys something very specific.

They certainly didn’t ban growing vegetables AT ALL. Yes, sales of seeds were declared non-essential. All I am saying is the it affected very few — maybe only those who were just bored and went to Wal-Mart, etc., and wandered the aisles looking for something other than board games to occupy their time.

Detroit, in particular, has a huge community/subsistence gardening culture. These types of people likely NEVER would use Wal-Mart or equivalent to buy seeds. Nor does my household - we mail order from specialty mail order/online stores, and our lot is < .25 acre.

That was the extent of it.

Yeah, went back and read the executive order four years back. It was both better - and worse - than I’d remembered. Somehow they just didn’t want people out shopping for stuff that wasn’t food or medicine or whatever they deemed nonessential. They wanted everyone to just stay home. So they cordoned off furniture sections and gardening and paint and anything they determined wasn’t necessary.

FWIW, I’ve been buying plants from places like Lowes and Walmart and The Greenery and the like as long as I’ve been growing gardens. I have almost no luck with seeds except with beans. Then at nurseries like Buckler’s - until they closed. And mostly Zimmerman’s now.

 

[PeoplesElbow]

For a couple years I cultivated tomato plants from seeds I bought at Walmart, sold the plants 2 for $1. My yard was too shady to actually grow the plants, but I was pretty good at making little plants from seeds.

 

[my-thyme]

Son says tomato paste makes the best shine....