Note: This is an informational article about recent court cases. The Knee Center does not endorse or recommend moonshine consumption and students, faculty, and staff should refer to the WVU Student Code of Conduct to learn more about university policy on alcoholic beverages.
Last week included a unique national holiday! June 5th was National Moonshine Day. West Virginia has a long history of moonshine production and distribution throughout the previous centuries. This national moonshine day was an interesting one because we there have been some movements related to moonshine regulations in the state legislative and judiciary branches. This year, two cases went before both the 5th circuit and 6th circuit courts, and both courts are in disagreement.
As detailed in Reuters, the 158-year-old ban was declared unconstitutional on April 10th by the 5th U.S. Circuit Court of Appeals in New Orleans. The case involved Rick Moris, founder of the Hobby Distillers Association (HDA) versus the Department of Justice and the Alcohol and Tabacco Tax and Trade Bureau from the Department of the Treasury. However, 11 days after the 5th circuit court ruling, the 6th circuit court of appeals ruled on a separate case that the ban was constitutional. In an article by Reason, the two courts differed in their interpretation of the federal government’s tax power, with the 6th court adding that the lawmaking powers given to Congress by the Constitution justify the ban. The differing opinions between the courts opens the possibility of the final decision going to the supreme court to resolve the disagreement.
At the state level, West Virginia removed the ban on home distilling back in 2024. Allowing anyone at least 21 to distill spirits for personal or family. There are limits on the amount of alcohol one is able to produce per calendar year is limited to 10 gallons if there are two or more people over the age of 21 or just 5 gallons if there is only one person. This isn’t the first time we’ve seen reforms related to making alcoholic beverages at home. In 1978, President Carter signed H.R. 1337 legalizing homebrewing of up to 200 gallons of either beer or wine before having to pay taxes. This reform helped pave the way for the craft beer explosion that we see today, with over 95 percent of craft brewers learning the trade through homebrewing.
The production of alcoholic beverages has always been a historic summertime activity in West Virginia history. Whether it be a beer, wine, spirits, or specifically moonshine- this production has brought together communities across the state for activities such as the West Virginia Wine and Jazz Festival, which will take place in September in the Hazel Ruby McQuain Park. Depending on how disagreement between the two circuit courts plays out, or if any new legislative reforms at either the federal or state level, home distilling or routine production may change in the mountain state. Either the distilling of spirits may stay as is withing the law or, if legalized, distilling liquor may follow a similar pathway that craft brewing has taken.
References: