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.
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.
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.
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.
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.
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.
This is still routinely done to avoid ethanol taxes. It's called "denatured alcohol". Ethanol that has been poisoned is not considered drinkable alcohol, so not subject to the taxes on drinkable alcohol.
Yep, never forget. The government literally poisoned people. Anytime I mention this I get eye rolls and immediate dismissal as a kook. It's quite frustrating.
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.
this is wrong and dangerious! Home brewing very well can cause methanol poinonings. It doesn't happen often because the process is complex enough to get settup that anyone likey talk to someone (or read a book) and get the simple process to avoid it (throw out the beginnigs of each batch since the harmful stuff comes first).
The way you're saying it is deeply irresponsible. The way to deal with methanol poisoning is not "just ethanol", and you cannot "cure yourself" by drinking everclear.
If you ever find out you have been drinking methanol by all means do drink safe spirits if you have immediate access to them (after throwing up what you can if you're still in time), but get medical help now. Ethanol will not cure you from methanol poisoning, it will only help reduce and delay the damage somewhat while you're waiting for an ambulance or making your way to a hospital to get proper treatment.
While the treatment for methanol poisoning indeed includes ethanol, I don’t think your dosage suggestion is right. Your body would still have to process all the methanol, the job of the ethanol is just to slow down the reaction. If you suspect methanol poisoning you need the hospital, they will administer the ethanol intravenously and I think do dialysis to remove the methanol and the formic acid it metabolizes to (this is one of the toxins in ant venom)
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.
"The common knowledge about methanol being a huge risk is wildly overstated…"
Little doubt you're correct on both counts: risk of methanol ingestion isn't high and likely government worries about a likely shortfall in its coffers. But as I inferred in my comment that risk is minimal in countries with good food/health regulations. HN is read everywhere so that's not always going to be case.
You're absolutely correct about the distillation process and that small amounts of methanol exist in wine, also one's body produces small amount of both MeOH and EtOH that aren't harmful except in very rare individuals who overproduce amounts.
The problem comes when MeOH is deliberately substituted for EtOH. In such circumstances the consumer can receive hundreds of times as much MeOH as the body is used to dealing with. The liver can normally eliminate the small amounts of naturally-produced formaldehyde and formic acid metabolites produced by alcohol dehydrogenase before any damage is done but not so when large amounts are ingested. In fact, the 100 ml figure I quoted for MeOH is at the extreme end of survivability, much lower amounts often kill.
As I said, I'm not against homebrew spirits but it's easy to envisage a situation that without proper controls and a good understanding of the dangers of MeOH substitution by the lay public (together with easy ways of testing for MeOH) that unscrupulous carpetbaggers will somehow find ways of adding MeOH—unfortunately the profit motive often nukes scruples.
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.)
>Another way to increase safety is to reduce the availability of illegal stills without quality control by enforcing the ban.
I can see you're lacking some knowledge on what makes up a still, as well as it's completely legal use for distillation of water.
A still is just a bucket with a heat source and some vapor collector and condenser. It's easy to build from a couple of pickle jars and hot glue if you're determined.
> (Anyone who thinks otherwise presumably also thinks all hard drugs should be legalized since this presumably wouldn't lead to an increase in consumption.)
Why should the government be in the business of reducing consumption? Do you believe alcohol to be immoral, and the government's role to be enforcing morality?
I think hard drugs being legal would greatly increase the amount of responsible consumption. Methamphetamine used to be purchaseable from any pharmacy over the counter in the US, and there was not a meth crisis at that time. Now there is.
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.
If laws were written by engineers, all sums of money would be expressed relative to median income.
And at that point it wouldn't be a stretch for most people to make the connection that some people are more privileged than others and fines should be relative to personal wealth and income.
Imagine if laws were written by people who know what a function is...
> A Norwegian billionaire that recorded a BAC level three times higher than the legal limit has been banned from driving and handed a 250,000 krone fine (EUR 25,000). But the fine could have been much higher as, under Norwegian law, fines are linked to monthly income and in some cases overall wealth.
> Finland has a ‘day fine’ system, with penalties linked to an offender’s wages.
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.
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.
The court invalidated IRC Sections 5601(a)(6) and 5178(a)(1)(B), finding they go beyond Congress’s taxation powers. The court’s reasoning was that these provisions amount to an “anti revenue provision” that prevents distilled spirits from coming into existence, since under 26 U.S.C. § 5001(b) taxation begins as soon as the spirit exists, so banning production eliminates the taxable event entirely.
I like the analysis of "necessary" and "proper" sections of this opinion. Hopefully, this ruling gets expanded to other circuits and eventually leads to the US Supreme Court ignoring stare decisis with regard to wickard v filburn and let it be thrown in the dust bin of history.
Home distillation is very popular in Poland too. Risk of getting poisoned from it is near zero in practice. In some parts of Poland there is more home-distilled alcohol bottles at the tables during weddings than commercial ones.
In many European countries you will be offered home-distilled drinks, you would be very unlucky to get anything else than hangover.
Ethanol is a naturally occurring substance, humans and many animals have specifically evolved ways of processing it. In moderate doses it does no harm.
It's almost impossible to avoid ingesting some alcohol during the course of a natural diet, and that includes if you avoid fermented food such as bread, let alone beverages deliberately brewed to be alcoholic.
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.
Hey I've been wanting to get into home distilling for years but haven't found any good resources to start. Do you know of any books or other print resources that I should look at to learn what I need to learn before starting?
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.
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.
Distilling at home was fairly traditional long before high alcohol prices. Sure, high prices encourages some folks and helps ensure there is space for a black market. But technically, the high prices didn't cause distilling.
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"
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.
You’re confusing a few of the issues here. This isn’t an interstate commerce case, it’s a tax power case, which does reflect on the NFA but not on Wickard v Filburn or civil rights. The important aspects of federal civil rights law aren’t legally justified by the commerce clause either.
Though I would gladly see Wickard v Filburn overturned. Commercial regulations already vary by state, and the US would still be more cohesive than the EU is today, but the amount of water that flows through my showerhead doesn’t have to be a concern of the federal government. In fact, we don’t even need Wickard v Filburn to be a more cohesive federation than Canada, which doesn’t even have free trade between provinces.
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.
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 brandy you’ll get about the same ratio as if you drank the wine it was made from.
You need the same amount of ethanol to get drunk regardless of how you drink it, all distilling does is get rid of that pesky water that’s in beer and wine. (That makes some other fun things like barrel aging possible.) So you’ll also get the same amount of methanol.
Also fun fact: if you got methanol poisoning and went to the hospital the treatment is ethanol, because it blocks the metabolism of methanol. Methanol metabolizes into formic acid which damages the optic nerve.
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.
You’d have to try hard to seriously injure yourself drinking home distilled spirits. (I’ve been doing it for 15 years.) Unless you count just drinking too much, but you’d have that problem with the professional stuff too.
>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.
how did that work? did the Feds pose as some false flag bootleggers?
do you have some sources I could read up on?
thing is, russia has a large tradition of home distillation (samogonka), and they too have tropes of people going blind. there have been a lot of cases of people dying because of bad alcohol, here's somewhat recent case: https://www.cbsnews.com/news/contaminated-cider-deaths-russi...
"Distillation doesn’t create alcohols, it only concentrates them."
This doesn't sound quite right. Distillation concentrates alcohols as a function of their boiling points and the temperature. Heavier alcohols have higher boiling points so methanol will be distilled faster than ethanol. This means that it is can become more concentrated in the distillate. The idea that the relative proportion of compounds can change is the whole idea of distillation in the first place. To be fair, people have been distilling alcohols just fine for a few hundred years now so clearly this can be done safely with primitive technology. But is definitely possible to increase the methanol concentration relative to ethanol through distillation and it should definitely come off the still first if you just apply heat.
Huh, I thought if you held the outlet of the still at 79c until you stopped getting distillate then you could be reasonably sure that you took out most of the the majority of the methanol.
Home distillation has been legal in New Zealand since 1996. I'm not from NZ, but from what I can tell from afar, it has not caused any significant problems. Stills are legal and can be bought in shops. There are commercially available countertop appliances which can produce half a litre of 80 proof vodka from a few litres of fermented sugar water.
North Americans probably have some cultural hangover from Prohibition about the dangers of small-scale distillation. Methanol in particular is probably overstated as a danger. Methanol poisoning seems to mostly happen from adulteration, often with what is mistakenly thought to be industrial ethanol. It is produced at very low levels by fermentation (less than 0.1%) and so at the home distillation scale there's not enough in one batch to be a significant concern. Fire, however, is a genuine risk.
>North Americans probably have some cultural hangover from Prohibition about the dangers of small-scale distillation.
I find it interesting that you have this notion. I was born in 1984. The history books in school were still implying that home distillation was dangerous. "Rot gut whiskey" "bath tub gin" are phrases that continue to come to mind when I think of the prohibition days.
No one I have ever met in all of the different levels of society here have had any strong disdain or distrust of home brewing or distillation. By the time of my upbringing, at least, the general population in the US was content with the alcohol laws. They are not aware of how easy home brewing, wine-making, and distilling are. They are not aware of the post prohibition three tier system. They are consumers of alcohol not producers. That is what prohibition in the US did. "House wine" in the US is the wine a restaurant picks for cheap profits. "House wine" in the old days or in europe is wine you make at home. We, in general, lost that piece of culture with prohibition. It never disappeared in some parts of the country though. Appalachia moonshiners kept the tradition going in mind and spirit for the whole country.
If your statement was about other drugs, you would be spot on. Prohibition regarding alcohol was not accepted by almost every demographic strata. Prohibition of other drugs is a different story for cultural reasons.
In the modern world they don’t have to be. I’m not sure a bubbling still in every home is a great idea but they won’t be wood fired so that’s a start. You could also test alcohol cheaply these days for the poisonous alcohols.
Having said that, fake booze in Thailand has killed and blinded people so it’s not risk free
That’s because they adulterate it with methanol. Methanol can be derived from natural gas cheaply. I wrote a long comment above about why this isn’t a risk with home distilling.
The much bigger danger for home distilling is fire, as you have open flames and combustible vapor. The fire codes for a distillery are very strict.
I find this line of thinking fascinating considering how many things we do without a second thought (forced to drive for basic errands, etc.) that are orders of magnitude more dangerous.
Anyway, my point is that the people most at risk of poisoning themselves are those unfamiliar with the process. I'm pretty sure a ton of people were doing this anyway for non-commercial purposes without realizing an unenforced federal law even existed.
A colleague from the region explained to me that if the booze is cheap, you just make sure you drink plenty of good booze too. Blocks the metabolic pathway.
That (CSA) falls under regulating interstate commerce instead of tax powers. Picking up a flower and smoking it on the spot is interstate commerce thus i dont think this same idea applies.
This is bad information. The precursors being legal doesn’t mean anything about the legality of producing scheduled drugs from them. The precursors for home distilling are also legal.
Possessing schedule I controlled substances is illegal. If you grow the substance, you also possess it. Therefore it’s not legal.
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.
(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...
Is there a genuine opportunity to overturn either Wickard or Raich? That would be exciting.
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.
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.
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.
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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.
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.
This is still routinely done to avoid ethanol taxes. It's called "denatured alcohol". Ethanol that has been poisoned is not considered drinkable alcohol, so not subject to the taxes on drinkable alcohol.
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This is still done today if you buy tax free ethanol.
The intent is not to poison people, since the alcohol is not intended for consumption.
Do you have a source?
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Yep, never forget. The government literally poisoned people. Anytime I mention this I get eye rolls and immediate dismissal as a kook. It's quite frustrating.
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.
this is wrong and dangerious! Home brewing very well can cause methanol poinonings. It doesn't happen often because the process is complex enough to get settup that anyone likey talk to someone (or read a book) and get the simple process to avoid it (throw out the beginnigs of each batch since the harmful stuff comes first).
One leads to the other. Once you have distillation everywhere, bootlegging follows.
This was literally the basis of one of the first conflicts of the early federal government.
The antidote to methanol is just ethanol.
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
The way you're saying it is deeply irresponsible. The way to deal with methanol poisoning is not "just ethanol", and you cannot "cure yourself" by drinking everclear.
If you ever find out you have been drinking methanol by all means do drink safe spirits if you have immediate access to them (after throwing up what you can if you're still in time), but get medical help now. Ethanol will not cure you from methanol poisoning, it will only help reduce and delay the damage somewhat while you're waiting for an ambulance or making your way to a hospital to get proper treatment.
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While the treatment for methanol poisoning indeed includes ethanol, I don’t think your dosage suggestion is right. Your body would still have to process all the methanol, the job of the ethanol is just to slow down the reaction. If you suspect methanol poisoning you need the hospital, they will administer the ethanol intravenously and I think do dialysis to remove the methanol and the formic acid it metabolizes to (this is one of the toxins in ant venom)
https://doi.org/10.1053/j.ajkd.2016.02.058
you are saving lives, friend.
As someone who's involved in said home production, the only way someone is getting methanol poisoning is if it's intentional done.
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.
Though it's harder to drink the same amount of methanol if you have to drink lots of water too, i.e. the wine has not been distilled.
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Or do break the law as a form of protest
W/e, I'm not your dad.
"The common knowledge about methanol being a huge risk is wildly overstated…"
Little doubt you're correct on both counts: risk of methanol ingestion isn't high and likely government worries about a likely shortfall in its coffers. But as I inferred in my comment that risk is minimal in countries with good food/health regulations. HN is read everywhere so that's not always going to be case.
You're absolutely correct about the distillation process and that small amounts of methanol exist in wine, also one's body produces small amount of both MeOH and EtOH that aren't harmful except in very rare individuals who overproduce amounts.
The problem comes when MeOH is deliberately substituted for EtOH. In such circumstances the consumer can receive hundreds of times as much MeOH as the body is used to dealing with. The liver can normally eliminate the small amounts of naturally-produced formaldehyde and formic acid metabolites produced by alcohol dehydrogenase before any damage is done but not so when large amounts are ingested. In fact, the 100 ml figure I quoted for MeOH is at the extreme end of survivability, much lower amounts often kill.
As I said, I'm not against homebrew spirits but it's easy to envisage a situation that without proper controls and a good understanding of the dangers of MeOH substitution by the lay public (together with easy ways of testing for MeOH) that unscrupulous carpetbaggers will somehow find ways of adding MeOH—unfortunately the profit motive often nukes scruples.
pretext to context.
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.
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> 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.)
>Another way to increase safety is to reduce the availability of illegal stills without quality control by enforcing the ban.
I can see you're lacking some knowledge on what makes up a still, as well as it's completely legal use for distillation of water.
A still is just a bucket with a heat source and some vapor collector and condenser. It's easy to build from a couple of pickle jars and hot glue if you're determined.
> (Anyone who thinks otherwise presumably also thinks all hard drugs should be legalized since this presumably wouldn't lead to an increase in consumption.)
Why should the government be in the business of reducing consumption? Do you believe alcohol to be immoral, and the government's role to be enforcing morality?
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I think hard drugs being legal would greatly increase the amount of responsible consumption. Methamphetamine used to be purchaseable from any pharmacy over the counter in the US, and there was not a meth crisis at that time. Now there is.
> … 1868 … $10,000 fine.
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.
If laws were written by engineers, all sums of money would be expressed relative to median income.
And at that point it wouldn't be a stretch for most people to make the connection that some people are more privileged than others and fines should be relative to personal wealth and income.
Imagine if laws were written by people who know what a function is...
Australia already does something like this. I don't know if there were any engineers involved in designing it.
https://www.afsa.gov.au/professionals/resource-hub/penalty-u...
From https://etsc.eu/billionaires-eur-25000-drink-driving-fine-pu...
> A Norwegian billionaire that recorded a BAC level three times higher than the legal limit has been banned from driving and handed a 250,000 krone fine (EUR 25,000). But the fine could have been much higher as, under Norwegian law, fines are linked to monthly income and in some cases overall wealth.
> Finland has a ‘day fine’ system, with penalties linked to an offender’s wages.
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.
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.
The court invalidated IRC Sections 5601(a)(6) and 5178(a)(1)(B), finding they go beyond Congress’s taxation powers. The court’s reasoning was that these provisions amount to an “anti revenue provision” that prevents distilled spirits from coming into existence, since under 26 U.S.C. § 5001(b) taxation begins as soon as the spirit exists, so banning production eliminates the taxable event entirely.
Here are the official docs for the case
McNutt v. US Department of Justice
https://storage.courtlistener.com/recap/gov.uscourts.ca5.220...
I like the analysis of "necessary" and "proper" sections of this opinion. Hopefully, this ruling gets expanded to other circuits and eventually leads to the US Supreme Court ignoring stare decisis with regard to wickard v filburn and let it be thrown in the dust bin of history.
Sounds similar to the 'tax' power making it impossible to buy a tax stamp for a post 86 machine gun.
The Fifth Circuit tells us how the Supremes will vote.
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.
Home distillation is very popular in Poland too. Risk of getting poisoned from it is near zero in practice. In some parts of Poland there is more home-distilled alcohol bottles at the tables during weddings than commercial ones.
In many European countries you will be offered home-distilled drinks, you would be very unlucky to get anything else than hangover.
The problem is overblown.
Alcohol is always poisonous (but mixed with methanol quite a bit more poisonous ) :-)
Ethanol is a naturally occurring substance, humans and many animals have specifically evolved ways of processing it. In moderate doses it does no harm.
It's almost impossible to avoid ingesting some alcohol during the course of a natural diet, and that includes if you avoid fermented food such as bread, let alone beverages deliberately brewed to be alcoholic.
And if you have one of those poisons the antedote is the other one.
Edit: only one way round! This is not medical advice. I am not a doctor. I am not your doctor or drinking doula.
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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.
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Hey I've been wanting to get into home distilling for years but haven't found any good resources to start. Do you know of any books or other print resources that I should look at to learn what I need to learn before starting?
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.
>Anything that decants below 78.4C
do you mean distills? decanting is just pouring carefully
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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.
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Distilling at home was fairly traditional long before high alcohol prices. Sure, high prices encourages some folks and helps ensure there is space for a black market. But technically, the high prices didn't cause distilling.
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"
The real answer: Folks rarely get very drunk at the bar. Folks have drinks at home, go to the bar and drink modestly, and drink after.
And I'll let you know that my shortest days are 4.5 hours long (with weak sunlight!). Oslo has slighly longer days still.
Why is it so expensive? High vice taxes?
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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.
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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
You’re confusing a few of the issues here. This isn’t an interstate commerce case, it’s a tax power case, which does reflect on the NFA but not on Wickard v Filburn or civil rights. The important aspects of federal civil rights law aren’t legally justified by the commerce clause either.
Though I would gladly see Wickard v Filburn overturned. Commercial regulations already vary by state, and the US would still be more cohesive than the EU is today, but the amount of water that flows through my showerhead doesn’t have to be a concern of the federal government. In fact, we don’t even need Wickard v Filburn to be a more cohesive federation than Canada, which doesn’t even have free trade between provinces.
> No EPA, no federal minimum wage, no forced integration, reduced civil rights, only direct interstate commerce being regulated.
States can still do civil rights etc.
A quick look at our history shows why this was important at a federal level.
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I've been wanting to start an alchemical spirits company in Amsterdam. Does anyone have experience in this space?
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.
>Distillation of spirits is a necessary requirement for life on the Aramco compound in Saudi Arabia.
How so? For medical reasons? For the facilitation of the Saudi Aramco oil production which funds the life and habitation of humans in Dhahran?
I suspect something was lost in translation.
Saudi Arabia is a famously dry country in all meanings of the word, there's not much fun to be had as an expat unless you make your own.
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How does Texas law affect the possibility of distilling in a Saudi compound? What’s the jurisdiction there?
Making their waaaaayyyy.. The only way they know how. But that's just a little bit more than the law would allow. Yee-haw!
I always thought the reason was that badly distilled drinks were dangerous.
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 brandy you’ll get about the same ratio as if you drank the wine it was made from.
You need the same amount of ethanol to get drunk regardless of how you drink it, all distilling does is get rid of that pesky water that’s in beer and wine. (That makes some other fun things like barrel aging possible.) So you’ll also get the same amount of methanol.
Also fun fact: if you got methanol poisoning and went to the hospital the treatment is ethanol, because it blocks the metabolism of methanol. Methanol metabolizes into formic acid which damages the optic nerve.
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.
You’d have to try hard to seriously injure yourself drinking home distilled spirits. (I’ve been doing it for 15 years.) Unless you count just drinking too much, but you’d have that problem with the professional stuff too.
>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.
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> The Feds added methanol to bootlegged hooch
how did that work? did the Feds pose as some false flag bootleggers? do you have some sources I could read up on?
thing is, russia has a large tradition of home distillation (samogonka), and they too have tropes of people going blind. there have been a lot of cases of people dying because of bad alcohol, here's somewhat recent case: https://www.cbsnews.com/news/contaminated-cider-deaths-russi...
"Distillation doesn’t create alcohols, it only concentrates them." This doesn't sound quite right. Distillation concentrates alcohols as a function of their boiling points and the temperature. Heavier alcohols have higher boiling points so methanol will be distilled faster than ethanol. This means that it is can become more concentrated in the distillate. The idea that the relative proportion of compounds can change is the whole idea of distillation in the first place. To be fair, people have been distilling alcohols just fine for a few hundred years now so clearly this can be done safely with primitive technology. But is definitely possible to increase the methanol concentration relative to ethanol through distillation and it should definitely come off the still first if you just apply heat.
Huh, I thought if you held the outlet of the still at 79c until you stopped getting distillate then you could be reasonably sure that you took out most of the the majority of the methanol.
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Interesting one.
Experienced distiller here. This comment is spot on.
Home distillation has been legal in New Zealand since 1996. I'm not from NZ, but from what I can tell from afar, it has not caused any significant problems. Stills are legal and can be bought in shops. There are commercially available countertop appliances which can produce half a litre of 80 proof vodka from a few litres of fermented sugar water.
North Americans probably have some cultural hangover from Prohibition about the dangers of small-scale distillation. Methanol in particular is probably overstated as a danger. Methanol poisoning seems to mostly happen from adulteration, often with what is mistakenly thought to be industrial ethanol. It is produced at very low levels by fermentation (less than 0.1%) and so at the home distillation scale there's not enough in one batch to be a significant concern. Fire, however, is a genuine risk.
>North Americans probably have some cultural hangover from Prohibition about the dangers of small-scale distillation.
I find it interesting that you have this notion. I was born in 1984. The history books in school were still implying that home distillation was dangerous. "Rot gut whiskey" "bath tub gin" are phrases that continue to come to mind when I think of the prohibition days.
No one I have ever met in all of the different levels of society here have had any strong disdain or distrust of home brewing or distillation. By the time of my upbringing, at least, the general population in the US was content with the alcohol laws. They are not aware of how easy home brewing, wine-making, and distilling are. They are not aware of the post prohibition three tier system. They are consumers of alcohol not producers. That is what prohibition in the US did. "House wine" in the US is the wine a restaurant picks for cheap profits. "House wine" in the old days or in europe is wine you make at home. We, in general, lost that piece of culture with prohibition. It never disappeared in some parts of the country though. Appalachia moonshiners kept the tradition going in mind and spirit for the whole country.
If your statement was about other drugs, you would be spot on. Prohibition regarding alcohol was not accepted by almost every demographic strata. Prohibition of other drugs is a different story for cultural reasons.
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In the modern world they don’t have to be. I’m not sure a bubbling still in every home is a great idea but they won’t be wood fired so that’s a start. You could also test alcohol cheaply these days for the poisonous alcohols.
Having said that, fake booze in Thailand has killed and blinded people so it’s not risk free
That’s because they adulterate it with methanol. Methanol can be derived from natural gas cheaply. I wrote a long comment above about why this isn’t a risk with home distilling.
The much bigger danger for home distilling is fire, as you have open flames and combustible vapor. The fire codes for a distillery are very strict.
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well, poisonous.
normal hooch is dangerous, too.
I find this line of thinking fascinating considering how many things we do without a second thought (forced to drive for basic errands, etc.) that are orders of magnitude more dangerous.
Anyway, my point is that the people most at risk of poisoning themselves are those unfamiliar with the process. I'm pretty sure a ton of people were doing this anyway for non-commercial purposes without realizing an unenforced federal law even existed.
Meh, home distilled spirits are everywhere in Romania. I drank many many times home distilled spirits. They are not that dangerous.
This reads as authenticity Eastern European.
A colleague from the region explained to me that if the booze is cheap, you just make sure you drink plenty of good booze too. Blocks the metabolic pathway.
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How's your eyesight?
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I'm sure availability of testing methods and equipment has come a long way since the 1860s. As well as quality and purity of materials.
Good! Now let's do civil asset forfeiture.
Awesome... time to get the moonshine flowing again!
Great. Now make it legal to grow ANY type of flower.
That (CSA) falls under regulating interstate commerce instead of tax powers. Picking up a flower and smoking it on the spot is interstate commerce thus i dont think this same idea applies.
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FYI you can also grow psychedelic mushrooms at home in all 50 states legally. The precursors are legal
This is bad information. The precursors being legal doesn’t mean anything about the legality of producing scheduled drugs from them. The precursors for home distilling are also legal.
Possessing schedule I controlled substances is illegal. If you grow the substance, you also possess it. Therefore it’s not legal.
I've bought grain spawn cubensis bags at head shops before. Super easy to grow.
Do be careful. Depending on the state mushrooms become illegal at different stages of production.