Published January 4, 2011 at 2:31 AM ET · Updated July 26, 2026 at 4:06 PM ET
Supreme Court weighs whether to legalize home distilling
2 independent outlets are covering this story. Verification: Confirmed — reported independently by wire/mainstream and conservative outlets. Patriot Watch links to original reporting; we don't republish it.
The U.S. Supreme Court is considering a case that could legalize home distilling of alcohol. The Court is currently weighing the matter.
Patriot Watch first flagged this story 5682 d ago, when Supreme Court reported it. Coverage has since grown to 2 independent outlets. The most recent report came 2 hr ago from WND. Verification tier: Confirmed — reported independently by wire/mainstream and conservative outlets.
⚖ The Constitutional Angle
In Gonzales, Attorney General v. Raich the Court held Congress may ban purely local personal-use cultivation of marijuana under the Commerce Clause, applying the aggregation principle from Wickard v. Filburn. Home distilling for personal use is the same kind of non-market activity, so under Raich the federal ban likely survives.
Gonzales, Attorney General v. Raich 545 U.S. 1 (2005)
Vote: 6-3
The limit's limit — Lopez and Morrison did not overturn Wickard. The Court held that Congress's Controlled Substances Act may prohibit the purely local cultivation and use of marijuana for personal medical purposes, even where legal under California's Compassionate Use Act.
Wickard, Secretary of Agriculture v. Filburn 317 U.S. 111 (1942)
Vote: 8-0 (unanimous; one seat vacant after Justice Byrnes's Oct. 3, 1942 resignation)
The high-water mark of the commerce power and the source of the aggregation principle. Roscoe Filburn grew wheat in excess of his Agricultural Adjustment Act allotment, consuming it on his own farm rather than selling it.
Precedent facts from the PW Law Library — primary-source verified & independently audited
