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

theguardian.com

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

#51
post #35

Earlier quoted context omitted.

Meh, home distilled spirits are everywhere in Romania. I drank many many times home distilled spirits. They are not that dangerous.

How's your eyesight?

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

#53

Earlier quoted context omitted.

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 a…

> 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.…

I mean—depending how much methanol was in the mix to begin with…

It’s been a long time, but I thought there was a whole Raoult’s Law thing, about partial pressures in the vapor coming off the solution combining in proportion to each component’s molar fraction * its equilibrium vapor pressure (at that temperature, presumably). Or something.

Point being, if you’re starting with a bunch of volatiles in solution, there’d be quite a bit of smearing between fractions boiling off at any given temperature/pressure. And you’d be very unlikely to get clean fractions from a single distillation anywhere in that couple-dozen-degree range.

Probably mangled the description, but isn’t that why people do reflux columns?

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

#54

Earlier quoted context omitted.

That’s actually a common myth perpetuated by the American government during prohibition. The Feds added methanol to bootlegged hooch to blind people, then they told people they’d go blind from moonshine to discourage it. Distillation doesn’t create alcohols, it only concentrates them. The ratio of ethanol to methanol in a distilled spirit will be approximately the same as in the wash it was distilled from. Drinking b…

>And contrary to lore, mass spectrometry shows that the idea that methanol comes off the still first (meaning that if you collected the early results, called heads, and drank them, you might get too much) is false or at least drastically oversimplified. This is wrong. The boiling point of methanol is 65C vs ethanol at 78C. Methanol will come out first from distillation.

Having seperate boiling points wont matter if they form into an azeotrope. Not all liquids can be distilled from one another even though every liquid has a different boiling point.

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

#55

Earlier quoted context omitted.

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 a…

> 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.…

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.

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

#56

Earlier quoted context omitted.

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 a…

> 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.…

Look at it this way: The boiling point of ammonia is -33 C. Would you drink a jug of household cleaning ammonia just because it's been heated to +20C?

But anyway, I don't think there's hazardous levels left after normal distillation+cutting, the reason for not buying booze from some guy behind a barn usually has more to do with lead contamination risks.

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

#57
post #5

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.

I visited Norway and was blown away by the price of alcohol. Given that the sun only comes out for a fraction of an hour in winter I struggled to believe it. At a local bar... (I think I was in trondheim?) I asked how they afforded booze? (it worked out to 15$ USD per pint), "We don't, but we do it anyways"

Why is it so expensive? High vice taxes?

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

#58
post #21

Earlier quoted context omitted.

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.

> Anything that decants below 78.4C do you mean distills? decanting is just pouring carefully

Thank you for asking, I was so confused.

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

#59
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.

https://en.wikipedia.org/wiki/Wickard_v._Filburn

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

#60
post #35

Earlier quoted context omitted.

Meh, home distilled spirits are everywhere in Romania. I drank many many times home distilled spirits. They are not that dangerous.

How's your eyesight?

Depends what you make it from. If you distill eight litres of wine into about a litre brandy without removing methanol, it has the same amount of methanol than eight litres of wine did. Given the average of 150mg/l of methanol in red wine, this puts it to about 1g of methanol in that amount. That is not healthy, but you need to keep in mind ingestion of alcohol slows down the metabolism of methanol through competition and the methanol will be excreted by your kidneys instead of being metabolized.

So, just like you won't go blind from a bottle of brandy, you won't go blind from distilled wine. However, you're likely to have a serious headache the morning after.

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