US appeals court declares 158-year-old home distilling ban unconstitutional

https://www.theguardian.com/law/2026/apr/11/appeals-court-ruling-home-distilling-ban-unconstitutional

US appeals court declares 158-year-old home distilling ban unconstitutional

Judge said ban, which originated in Reconstruction era to thwart liquor tax evasion, actually reduced tax revenue

The Guardian

In Norway alcohol is very expensive, so many people distill at home illegally.

Every travel guide tells you to not accept home-distilled drinks, since they can be poisonous.

Anything that decants below 78.4C is going to have methanol in it, I usually separate out the first 100ml or so that decants after 78.4C to play it safe.

I've been doing it for about 20 years, no poisoning cases yet. Home distillation has been legal in NZ since 1996.

This is actually a myth. I’ll have to see if I can find the papers I read but mass spectrometry has shown that methanol comes out throughout the entire process. The idea that things come out at their boiling temperature is a drastic oversimplification.

Methanol is really only present in significant amounts in fruit mashes because it comes from fermentation of pectin. Grain or sugar-derived alcohol barely has any at all.

The foreshots you throw out do have things that taste bad and which you would not want to drink much of, but even if you mixed it all back in and got drunk, it would be the same amount of all of those chemicals you’d get if you just drank the mash, which is itself basically just beer or wine.

We distillers are a lot more likely to burn our house down than any other form of injury.

> This is actually a myth. I’ll have to see if I can find the papers I read but mass spectrometry has shown that methanol comes out throughout the entire process. The idea that things come out at their boiling temperature is a drastic oversimplification.

Please do find those papers! They may be describing a radical new chemistry that I'm not familiar with.

To be clear - methanol boils at 64C and ethanol boils at 78C. Are you suggesting that in standard distillation, there is still some non-trace methanol coming over at 78C? If I personally observed that in a laboratory setting, I'd quickly assume measurement error or external contamination.

I suspect that the vapor of the mash is always a mix of the components, and even above the boiling point of methanol, it still produces a mixed vapor. At room temperature, all of the components produce some vapor and will evaporate. This continues as the temperature rises.

It's not clear to me that simple distillation of a methanol/ethanol mixture can produce either pure ethanol or pure methanol at any point, just as it's impossible to distill ethanol and water to pure ethanol (absolute alcohol) if the water is above a small percentage of the mixture.

Yup, distillation never produces a pure product. Cask-strength whiskeys contain quite a lot of water, even though nobody is stupid enough to distill at 100C. Even an industrial column still can't go over 96% ABV.

There is always some amount of vapor pressure, even below the boiling point of a substance. Otherwise, neither water nor alcohol would evaporate by themselves at room temperature! The temperature we call the "boiling point" is just the temperature at which the vapor pressure equals the ambient pressure.

You can't distill out pure methanol, as at the boiling point of methanol ethanol also has some vapor pressure, so you distill a mix. However above that boiling point you distilled out all methanol (with a mix of ethanol), and the remaining ethanol should be free from methanol.

This also matches what happens when distilling ethanol from water. You can't distill pure ethanol, but you csn distill ethanol-free water afterwards.

I would assume it depends on what you are distilling.

If you are making brandy from clarified wine, it probably separates better than rotten grape mash.

It is still a continuum with some methanol molecules likely remaining even in the tails.

For all intents and purposes, the distiller's rule of thumb of throwing away the angels' share is still going to work because low methanol concentrations are never an issue —for the antidote for methanol is ethanol.

>They may be describing a radical new chemistry that I'm not familiar with.

It's probably pot still vs. reflux still. Chemists use fractionating columns to get better separation. Home distillers won't necessarily do so, so official advice has to assume they will not.

We could be breaking new grounds with spinning band distilled moonshine.

https://en.wikipedia.org/wiki/Brownian_motion

Temperature is just an average, the individual molecules can have a higher or lower temperature and can therefore evaporate already below boiling point.

Brownian motion - Wikipedia

There are azeotropes - mixtures that distill together at a different temperature than either alone.

You can’t distill ethanol to higher than 95% because of the 95-5 ethanol-water azeotrope that boils at 78.2C, versus ethanol alone at 78.4C.

Methanol-water and methanol-ethanol don’t form an azeotrope so if properly done you can separate methanol via distillation.

>Anything that decants below 78.4C

do you mean distills? decanting is just pouring carefully

Yeah. No idea why I wrote decant.
Thank you for asking, I was so confused.

This doesn’t make sense. Whether or not you have methanol depends on what you are distilling from. Distillation doesn’t create methanol and many sources of ethanol contain negligible methanol.

TBH, your assertion reads like chemistry word salad. It doesn’t parse.

It seems to parse just fine? They create some unknown mixture of methanol/ethanol (who knows what the ratio is, who cares, like you said, depends what you're making it from) and then raise it past the boiling point of methanol, throwing away everything that comes over while still under the boiling point of ethanol. It sounds like basic distillation to me.

Everyone is talking in circles.

As distillation continues the concentration of methanol drops.

The highest concentration is at the start. This is also generally full of undesirable flavours.

People also forget that ethanol competitively inhibits metabolism of methanol in a way that protects healthy adults from toxicity.

A safe alcoholic drink can have methanol in it, iirc it's about 80:1 ethanol:methanol by EU rules. And generally considered tolerable [0].

What is actually toxic is much higher ratios of methanol than that.

Unless you have severely f'd up your fermentables you shouldn't even have that much methanol in the starter!

This is why everyone is disagreeing with the safety in this thread.

It's also why people wonder why so many tourist destinations have been mixing methanol into alcoholic drinks. They probably could serve drunk people high concentrations relying on ethanol already in their blood and follow up drinks to stop noticeable harm.

Probably most adults could drink 5-10% methanol (if ethanol is about 50%) and never notice the toxicity.

[0] https://pubmed.ncbi.nlm.nih.gov/11926610/

Defining a tolerable concentration of methanol in alcoholic drinks - PubMed

Methanol, a potent toxicant in humans, occurs naturally at a low level in most alcoholic beverages without causing harm. However, illicit drinks made from "industrial methylated spirits" [5% (v/v) methanol:95% (v/v) ethanol] can cause severe and even fatal illness. Since documentation of a no-advers …

PubMed
Genuine q then. Why don't the destinations serve watered down shots instead? If it is just to save money.

Good question, I think it's to get people drunk and buying more drinks.

As opposed to the crowd sobering up and leaving.

But also I believe the bar (staff) often genuinely don't know what their serving is harmful.

I should have added the limit to safety at low levels of methanol is actually that your body processes ethanol much faster than methanol. So it's more that the crowd goes home and then hours later (once ethanol has been cleared) the methanol finally is picked up by the enzymes that makes it toxic. If they stay drunk (on ethanol) for days the methanol might have been excreted before being toxified.

Probably because a- people can tell, and b- you sell more to already drunk people, so getting them drunk sooner is better.

So maybe the answer is water down the shots of your obviously drunk customers.

Ah I didn't realise methanol had the same psychological effect. I thought it was just tasteless poison.

I've never tasted it but from what I remember from high school chemistry class, it certainly smelled close enough to other alcohols, so I assume it would taste close enough as well.

TBH, I also had to do my own bit of googling because I barely drink alcohol to begin with, but it does look like "at the start", it's not very distinguishable from ethanol in taste and in effect.

If ethanol and methanol were readily distinguishable by taste, much fewer people would have died or gone blind drinking moonshine.

Whatever subtle differences exist between them are probably unnoticeable to people who are already drunk, not to mention drinking cocktails with all sorts of other flavors mixed in.

If places are really sketchy, they might be mixing in partially treated industrial or "denatured" alcohol, which has poisonous quantities of methanol and bitterants but are also like 90% ethanol

I went to Bin Inn in Masterton NZ because it was supposedly where you could recycle a certain brand of glass jar. The guy running the place clearly had no idea what I was talking about but took them anyway because he was nuts. I was looking around the place a bit as I'd never been there before, not realising he was following me. I paused to read a bottle on the shelf and suddenly he was talking very loudly over my shoulder:

You shouldn't buy those, terribly expensive.
Oh I don't really drin...
Used to be a chap in here all the time, made his own, beautiful stuff.
Ok well like I say I'm not rea...
I can sell you everything you need, you should make your own gin, much cheaper.
Oh, so did you drink his stuff too?
Nah I'd never touch it.
What but you said it was beau...
Yeah he drank it and died.

Definitely up on the list of bizarre interactions I've had here.