The Columbus Dispatch first published this letter to the editor.

Re “Is it legal to make moonshine at home in Ohio?” Oct. 16: Max Filby’s article states that even if Ohio had passed a 2023 law to allow Ohioans to distill liquor for personal consumption without a permit, “Ohioans who distilled at home may have still been violating federal law.” Mr. Filby is right, and, in Ream v. U.S. Department of Treasury, The Buckeye Institute is suing the federal government to change this.

Buckeye’s client, John Ream, wants to distill small quantities of alcohol in his own home for his personal consumption, and The Buckeye Institute believes Mr. Ream and other Ohioans should be allowed to do just that, and that Congress does not have the authority to ban home-distilling.

Under the Constitution’s Interstate Commerce Clause, Congress has the authority to enact laws regulating commerce among the states, but home distilling for personal use will not affect interstate commerce; thus, Congress has no authority to regulate the activity.

If successful, The Buckeye Institute’s lawsuit will end the federal ban on home distilling, and then Ohio lawmakers may have to dust off that 2023 law and further embrace the freedom of home distilling.

David C. Tryon
The Buckeye Institute