As tourists to sketchy places in Asia discovered, methanol poisoning is a real risk, even from large scale distillation. It is the quality control that matters. Illegal stills make quality control impossible, so legalisation and government certified testing can make it safe.
However, this ruling is not about alcohol, it is about dissolving Federal authority exercised via the trade and commerce clause of the Constitution.
There are many hobbies with which people can kill themselves if they don't understand what they are doing. I don't see how brewing is different. A grown-up person has rights and bears the consequences of negligence and that's totally normal, that's what freedom is.
As long as the product is not sold outside but for personal consumption, it must be legal to make without any certifications.
I forget the exact wording, but the seat belt law are a good example of it. Laws are passed to protect the populace from self harm so that society doesn't suffer from it. It probably doesn't apply here because home distillation is very niche. However, if a bunch of people show up in emergency rooms and it drives up health care costs then expect a quick reversal in policy.
There's a whole ball of wax here that boils down to whether a society would rather be individualistic or collectivist.
Its a chicken and egg problem as well, the way we regulate and manage health care and health insurance (at least in the US) allows for costs to pretty easily bleed out to the rest of society. That implies that we must then be collectivist in other policies, though that is counter to many of the original goals of our country and the question is whether we changed those goals or inadvertantly built a system that requires changing gials after the fact.
We have a similar problem with immigration laws. Our immigration laws today are completely counter to what they once were, and counter to what is still written on the Statue of Liberty. We have immigration laws now that are necessary because of the welfare programs we implemented, even if we wanted to live up to the older ideals we couldn't without abandoning those welfare programs entirely.
Right, and I, as someone living in France and paying a hefty part of my income to fund public healthcare, understand that the state would want to limit people doing stupid shit costing the society a fortune in fixing them (though, of course, this just creates a debate on where to draw the line).
But isn't the point of non-socialized healthcare, like in the US, that you pay for care out of pocket? Or maybe via your insurance, which will probably increase your premium if you repeatedly engage in stupid actions that need expensive fixing?
Seat belt laws are an interesting example though because they only apply when driving on public roads. You can drive your car with no seat belt on a private track all day if you want to.
I don't like using seat belt laws as an example of preventing people from harming themselves.
The most important justification for seat belt laws is ensuring that drivers can maintain control when things get spicy and keep a minor event from escalating into a collision that will harm bystanders. And other innocent people in the same car who will be injured by the unbelted person being thrown around.
Agree completely, though sadly we are a very long way from this. In a lot of places it is literally illegal and prison-time just for growing certain naturally-occurring plants for purely personal use. I don't see how this ruling helps with that at all though
>There are many hobbies with which people can kill themselves...A grown-up person has rights and bears the consequences of negligence
Fyi, the reference to Asia is not about people killing themselves, it's about passing off inadvertantly lethal moonshine as mass-produced drinkable alcohol resulting in the deaths of other people, not yourself.
Killing yourself is one thing. Killing or crippling potentially many people is negligence terrorism. And you can forget that these guys will keep it for themselves. Purpose of alcohol is to create bonds by sharing it with others. It can go as far as bringing your homemade moonshine on local festivities and poisoning half of the locals without them realizing what has happened until it is too late.
The common knowledge about methanol being a huge risk is wildly overstated in reality, and likely continues in part because it benefits the government for people to believe strongly in the danger and continue to purchase taxed liquor. Distillation does not create new chemicals: there is methanol in your bottle of wine, and distilling that wine into brandy does not change the ratio, it only removes (primarily) water. Common distilling practice is to dispose of the highest concentrations of the most volatile components (acetaldehyde, higher alcohols). Low levels of methanol remain present in a gradient throughout the distilled product. Methanol production in fermentation is not a significant risk if you're not fermenting woody materials, and its production can be mitigated through the use of pectic enzyme. Methanol IS a risk if you're starting with cheap, untaxed denatured alcohol (ethanol+methanol+bitterants+other crap) as your input, rather than the unadulterated output of a sugar fermentation, and that is mainly what gave rise to the popular methanol folklore.
That said, don't break the law, folks. It's not worth going to prison for tax evasion over a jug of shine. You can get just as tipsy off a couple glasses of fermented supermarket apple juice, and it's legal and cheaper to boot.
From ~1906 through prohibition the Feds purposely poisoned industrial alcohol with methanol and other chemicals as a deterrent. 100 years ago, in 1926, they increased it, up to as much as 10%. This was true rotgut. Around 10,000 people, mostly poor, died from it. Blindness, organ failure, paralysis. This was legal and regulated by the Volstead Act. It was the primary source of methanol poisoning during prohibition.
Well, I live in a country with both huge distillation culture and significantly non-zero number of methanol poisonings, and they never happen from home brewing. It's really hard to homebrew/distill methanol in a quantity enough to poison you in an otherwise ethanol solution (which acts as an antidote).
It's so rare this thread is literally the first time I've heard about possibility of methanol poisoning from homebrewing.
Methanol poisonings happen from bootlegging, where someone in the chain of supply sells industrial methanol as an ethanol, because the first one is cheaper, easier to obtain and untaxed.
Small-scale distillation is fine. Ten bottles of wine have 500mg of methanol, which is mostly fine for most people even if it all ends up in the same shot -- which it won't; it'll be split between 1-2 750ml bottles even if you do absolutely nothing to remove it from the ethanol.
Batches under a certain size don't have a problem with methanol poisoning. You need a large enough batch that you get a high percentage of methanol in the "heads". Usually for batches under 100L, it's not an issue. A sensible policy would be limiting "home" distillation to 50L batches (which is a lot of booze; hard to argue you need more than that in a batch for private consumption).
There is precisely 0 methanol risk in distilling grain based alcohol. The quantity of methanol produced is minuscule a the antidote is ethanol which is also present. Any methanol poisoning is from adulteration with industrial alcohol which has large volumes of methanol added intentionally to make it undrinkable.
I wonder whether government testing actually makes a material difference in food/beverage safety.
For example, when I worked for U.S. Customs and Border Protection, I was surprised to discover that the percentage of imported food/beverage actually tested for safety is very low. Like comically, microscopically, unbelievably low.
In the United States, I suspect concerns over reputation and civil litigation do more to keep our food safe than government testing.
Most of methanol poisoning during the Prohibition happened because the government deliberately poisoned ethanol supplies, to prevent them from being converted to drinking spirits. This insane policy caused 10 to 50 thousands deaths. There's no good data about how many died from moonshine methanol poisoning, but likely, outside of prohibition years, the numbers are in low tens per year.
Methanol/CH3OH/MeOH is poisonous and its consumption causes a life-threatening health crisis that often results in death or permanent blindness. As little as 100 ml of methanol can kill or cause lifelong damage to one's health.
One shouldn't have to restate these well-known facts but they have to be repeated at every opportunity because in many ways methanol too closely resembles ethanol/EtOH, it tastes the same and induces drunkenness, and consumers may not become aware they have consumed it until its toxic effects manifest. By then, it's often too late.
Methanol's similarly to ethanol and that it's a very important industrial chemical made and used in huge qualities that makes it doubly dangerous. Many ways exist for methanol to enter the food chain both accidentally and through deliberate substitution for ethanol so it's especially important that strict regulations exist covering its handling and use.
Outside of lab grade reagents, methanol should always be denatured in ways that make its consumption both obvious and intolerable, that's best achieved by adding the denaturant denatonium (benzoate or saccharinate) in trace amounts that have little or no effect on methanol's final use.
Denatonium (aka, Bitrix, Bitrex and others), a quaternary ammonium compound, is a bitterant and likely the bitterest substance known and can be tasted by humans in parts per billion. Not only is it extremely bitter but unlike lemons it's a nasty bitterness that lingers and will immediately alert anyone who tastes it (I know, having deliberately tasted it).
HN is read internationally, so in places with good methanol handling regulations there's little doubt I'm sounding like an annoying schoolteacher overstating the obvious but from my experience many people do not know how dangerous methanol really is. As mentioned, one reads of travelers in foreign countries poisoned with drinks laced with methanol without giving a thought where their drinks originate (moreover the most vulnerable are those who come from places with good food regulations as they automatically assume what they're served is suitable for consumption).
My rave isn't to put the kibosh on homebrew spirits as I'm essentially in favor of this decision—government already dictates too many things we citizens cannot do. That said, there has to be strict regulations concerning distillation methods and commercial sales should definitely be unlawful with tough penalties.
Finally, whether this decision hold up under appeal or not, we need readily-available methanol detectors that are both cheap and portable and that anyone can easily use.
> Illegal stills make quality control impossible, so legalisation and government certified testing can make it safe.
Another way to increase safety is to reduce the availability of illegal stills without quality control by enforcing the ban.
(Anyone who thinks otherwise presumably also thinks all hard drugs should be legalized since this presumably wouldn't lead to an increase in consumption.)
For those wondering, the opinion[0] doesn't address the Commerce Clause power (and Wickard and Raich) becaue the government abandoned that argument. See footnote 5.
The Commerce Clause issue is raised in our other case[1] that's now pending before the Sixth Circuit.
The article is devoid of any meaningful legal language. It is important to note that this ruling applies only to the states of Texas, Louisiana, and Mississippi as the fifth circuit is the court that decided this. That said, when parties bring cases to other federal circuit courts, they may cite this case. Frequently, circuit decisions can impact other district courts decisions.
If the original 1868 law stated $10,000, that’s insane (equivalent of millions, these days). If not, then that might mean this law has been regularly reviewed and updated, so it’s not just something that was lost in the back of the cabinet.
Generally, majority of bans are wrong. Excessive freedom limitations limit personal development and economic growth. For thousands of years people were brewing, cooking and making things at home. People dying from car accidents, yet we do not ban cars, don't we? Because cars have major utility value plus play huge part in economy. At the same time, some forces pent decades fighting tobacco companies, destroying true American and British business icons. And somehow replaced them with proliferation all kinds of narcotics and dangerous chemical vapes, which earn huge revenues for literal potential military enemies, and with chemical sin food, water and air, which kill people more than tobacco did. Which suggests it could have been more about money/geopolitics rather than people's safety.
Edit: According to AI, I've got this a bit backwards. The ruling hits the taxing power, not the commerce clause. It's nonetheless interesting, since the machine gun ban may be affected.
The court says that you can't use a tax to ban something outright, which is what the post-1986 machine gun ban is: refusing to collect a tax on post-1986 machine guns, effectively banning them.
That leaves the commerce clause as the remaining defense for all taxes-as-bans or general outright bans. And that suggests future cases where Wickard will be under scrutiny.
---
I am not a lawyer, but I think this ruling is far more interesting than it appears.
It is aiming a crosshair at Wickard v. Filburn, which ruled that a farmer that produced wheat on his farm to exclusively to feed livestock on that same farm was affecting interstate commerce, and could be penalized for overproduction to support price controls. Keep in mind, that this definition of "interstate commerce" is so broad that it essentially reduces the category of "intra-state commerce" to nothing, which seems dubious.
That ruling is the basis of a huge portion of the federal government's powers under the commerce clause of the constitution.
The supreme court will likely have to rule on this eventually, and how it threads the needle will be very important.
If Wickard were simply struck down, the U.S. would be reformed into a weak federation, akin perhaps to pre-EU Europe, where laws vary wildly between states, and the federal government has little power. No EPA, no federal minimum wage, no forced integration, reduced civil rights, only direct interstate commerce being regulated.
That's unlikely to happen, but the court would either have to reaffirm Wickard, or would have to come up with a new standard to keep, say, the $200 tax on pre-1986 machine guns effective (preventing a garage machine gun), but allow some notion of non-economic activity like home distilling to continue.
The OBBB reduced the tax on suppressors to $0, which strongly undermines the idea that home production of suppressors can be regulated by Wickard, since there is no tax interest to protect.
How it might affect the controlled substances act is more complicated, since there is no tax on illegal drugs, and the government has decided to entirely ban non-pharmaceutical street drugs, hence even "hobby" production clearly undermines that policy.
It's an area with lots of apparent but longstanding contradictions and questionable standards, but it would upend much of the New Deal to reverse it.
Distillation of spirits is a necessary requirement for life on the Aramco compound in Saudi Arabia. Outside the compound, the locally-distilled "sid" is on offer. Both varieties have been available for a half-century with no reports of poisoning.
316 comments
However, this ruling is not about alcohol, it is about dissolving Federal authority exercised via the trade and commerce clause of the Constitution.
As long as the product is not sold outside but for personal consumption, it must be legal to make without any certifications.
Its a chicken and egg problem as well, the way we regulate and manage health care and health insurance (at least in the US) allows for costs to pretty easily bleed out to the rest of society. That implies that we must then be collectivist in other policies, though that is counter to many of the original goals of our country and the question is whether we changed those goals or inadvertantly built a system that requires changing gials after the fact.
We have a similar problem with immigration laws. Our immigration laws today are completely counter to what they once were, and counter to what is still written on the Statue of Liberty. We have immigration laws now that are necessary because of the welfare programs we implemented, even if we wanted to live up to the older ideals we couldn't without abandoning those welfare programs entirely.
But isn't the point of non-socialized healthcare, like in the US, that you pay for care out of pocket? Or maybe via your insurance, which will probably increase your premium if you repeatedly engage in stupid actions that need expensive fixing?
The most important justification for seat belt laws is ensuring that drivers can maintain control when things get spicy and keep a minor event from escalating into a collision that will harm bystanders. And other innocent people in the same car who will be injured by the unbelted person being thrown around.
> However, if a bunch of people show up in emergency rooms and it drives up health care costs then expect a quick reversal in policy.
How about just don't pay for it? Why is everyone in such a hurry to take people's freedom based on a spreadsheet no less.
>There are many hobbies with which people can kill themselves...A grown-up person has rights and bears the consequences of negligence
Fyi, the reference to Asia is not about people killing themselves, it's about passing off inadvertantly lethal moonshine as mass-produced drinkable alcohol resulting in the deaths of other people, not yourself.
Distilling on the other hand can easily harm, or even kill, friends, relatives, and casual acquaintances.
Brewing is very unlikely to do anyone any harm other than by overconsumption of alcohol.
> I don't see how brewing is different.
It's very lucrative to tax brewing and even more distilling.
That said, don't break the law, folks. It's not worth going to prison for tax evasion over a jug of shine. You can get just as tipsy off a couple glasses of fermented supermarket apple juice, and it's legal and cheaper to boot.
It's so rare this thread is literally the first time I've heard about possibility of methanol poisoning from homebrewing.
Methanol poisonings happen from bootlegging, where someone in the chain of supply sells industrial methanol as an ethanol, because the first one is cheaper, easier to obtain and untaxed.
If you find yourself drinking something untrustworthy you can at least cure yourself with a chaser of an equivalent amount of everclear.
https://en.wikipedia.org/wiki/Methanol_toxicity#Treatment
For example, when I worked for U.S. Customs and Border Protection, I was surprised to discover that the percentage of imported food/beverage actually tested for safety is very low. Like comically, microscopically, unbelievably low.
In the United States, I suspect concerns over reputation and civil litigation do more to keep our food safe than government testing.
One shouldn't have to restate these well-known facts but they have to be repeated at every opportunity because in many ways methanol too closely resembles ethanol/EtOH, it tastes the same and induces drunkenness, and consumers may not become aware they have consumed it until its toxic effects manifest. By then, it's often too late.
Methanol's similarly to ethanol and that it's a very important industrial chemical made and used in huge qualities that makes it doubly dangerous. Many ways exist for methanol to enter the food chain both accidentally and through deliberate substitution for ethanol so it's especially important that strict regulations exist covering its handling and use.
Outside of lab grade reagents, methanol should always be denatured in ways that make its consumption both obvious and intolerable, that's best achieved by adding the denaturant denatonium (benzoate or saccharinate) in trace amounts that have little or no effect on methanol's final use.
Denatonium (aka, Bitrix, Bitrex and others), a quaternary ammonium compound, is a bitterant and likely the bitterest substance known and can be tasted by humans in parts per billion. Not only is it extremely bitter but unlike lemons it's a nasty bitterness that lingers and will immediately alert anyone who tastes it (I know, having deliberately tasted it).
HN is read internationally, so in places with good methanol handling regulations there's little doubt I'm sounding like an annoying schoolteacher overstating the obvious but from my experience many people do not know how dangerous methanol really is. As mentioned, one reads of travelers in foreign countries poisoned with drinks laced with methanol without giving a thought where their drinks originate (moreover the most vulnerable are those who come from places with good food regulations as they automatically assume what they're served is suitable for consumption).
My rave isn't to put the kibosh on homebrew spirits as I'm essentially in favor of this decision—government already dictates too many things we citizens cannot do. That said, there has to be strict regulations concerning distillation methods and commercial sales should definitely be unlawful with tough penalties.
Finally, whether this decision hold up under appeal or not, we need readily-available methanol detectors that are both cheap and portable and that anyone can easily use.
> Illegal stills make quality control impossible, so legalisation and government certified testing can make it safe.
Another way to increase safety is to reduce the availability of illegal stills without quality control by enforcing the ban.
(Anyone who thinks otherwise presumably also thinks all hard drugs should be legalized since this presumably wouldn't lead to an increase in consumption.)
The Commerce Clause issue is raised in our other case[1] that's now pending before the Sixth Circuit.
(I argued both cases.)
[0] https://www.ca5.uscourts.gov/opinions/pub/24/24-10760-CV0.pd...
[1] https://www.buckeyeinstitute.org/issues/detail/ream-v-us-dep...
If the original 1868 law stated $10,000, that’s insane (equivalent of millions, these days). If not, then that might mean this law has been regularly reviewed and updated, so it’s not just something that was lost in the back of the cabinet.
Every travel guide tells you to not accept home-distilled drinks, since they can be poisonous.
The court says that you can't use a tax to ban something outright, which is what the post-1986 machine gun ban is: refusing to collect a tax on post-1986 machine guns, effectively banning them.
That leaves the commerce clause as the remaining defense for all taxes-as-bans or general outright bans. And that suggests future cases where Wickard will be under scrutiny.
---
I am not a lawyer, but I think this ruling is far more interesting than it appears.
It is aiming a crosshair at Wickard v. Filburn, which ruled that a farmer that produced wheat on his farm to exclusively to feed livestock on that same farm was affecting interstate commerce, and could be penalized for overproduction to support price controls. Keep in mind, that this definition of "interstate commerce" is so broad that it essentially reduces the category of "intra-state commerce" to nothing, which seems dubious.
That ruling is the basis of a huge portion of the federal government's powers under the commerce clause of the constitution.
The supreme court will likely have to rule on this eventually, and how it threads the needle will be very important.
If Wickard were simply struck down, the U.S. would be reformed into a weak federation, akin perhaps to pre-EU Europe, where laws vary wildly between states, and the federal government has little power. No EPA, no federal minimum wage, no forced integration, reduced civil rights, only direct interstate commerce being regulated.
That's unlikely to happen, but the court would either have to reaffirm Wickard, or would have to come up with a new standard to keep, say, the $200 tax on pre-1986 machine guns effective (preventing a garage machine gun), but allow some notion of non-economic activity like home distilling to continue.
The OBBB reduced the tax on suppressors to $0, which strongly undermines the idea that home production of suppressors can be regulated by Wickard, since there is no tax interest to protect.
How it might affect the controlled substances act is more complicated, since there is no tax on illegal drugs, and the government has decided to entirely ban non-pharmaceutical street drugs, hence even "hobby" production clearly undermines that policy.
It's an area with lots of apparent but longstanding contradictions and questionable standards, but it would upend much of the New Deal to reverse it.
https://en.wikipedia.org/wiki/Wickard_v._Filburn