A federal court in Texas has struck down a ban on home distilling that was put in place more than 150 years ago. The ruling is monumental in its own right, but it could prove even more so if and when the federal government legalizes marijuana. The ruling could ultimately have an impact on home marijuana grows.
As things currently stand, home grows are only allowed in a small number of states. And even at that, the states only get away with it because Congress has stripped the DOJ of funds to prosecute marijuana crimes. Washington is effectively turning a blind eye to an activity currently deemed illegal.
What does this have to do with the recent court ruling? Quite a bit, actually. There is talk that any attempt to federally legalize marijuana would result in a law that treats marijuana the same as alcohol in everything from production to distribution.
The Ban on Home Distillation
The distillation ban in question was originally imposed by Congress as a way to protect tax revenues. In simple English, Congress did not want individuals distilling spirits at home because that would mean a loss of tax revenue. Instead, they came up with a creative plan that effectively gives the government ownership of all distilled spirits that are then sold back to distillers by way of a tax. The spirits are further taxed on the open market.
A group of home hobbyists sued the federal government claiming that the home distillation ban was unconstitutional. The government’s position was that it has the right to continue the ban based on the constitutional authority to levy taxes. While the judge in the case did not dispute Congress’s authority to pass tax laws, he asserted that the ban against distilling was not a tax law.
The judge maintained that the constitution gives Congress the authority to levy taxes. It does not give Congress the authority to protect tax revenue by banning citizens from engaging in certain kinds of behavior. Home distilling is not a crime merely because it fails to generate revenue. Likewise, the judge went on to say that banning home distillation does not equate to raising revenue. It equates to preventing people from doing something that cuts into federal revenue, for that particular purpose alone.
What the Ruling Could Mean to Legal Marijuana
Now, let us apply the court ruling to legal marijuana. Being that marijuana is still a Schedule I controlled substance, it is illegal for anyone to grow it at home. California allows both recreational and medical marijuana. But growing marijuana at home is still against the law. It is against the law in Utah, where only medical cannabis is allowed.
What if Congress legalizes marijuana and decides to treat it like alcohol? It’s fair to say that they could not implement a similar home grow ban based solely on Congress’s authority to levy taxes. In addition, treating marijuana just like alcohol would give states some leeway.
Utahmarijuana.org representatives say they would not be surprised if federal legalization did not change the minds of state lawmakers and regulators. They can see Utah remaining a medical-only state. They can also see the state continuing to ban home grows – even for medical use. But in more liberal states, it is quite possible that federal legalization would throw the door to home grows wide open.
The Texas case is seen as a big win for home distillers. It is that. But its long-term impacts could be more profound should Congress decide to legalize marijuana. Home grows might be just around the corner.
