- Joined
- Mar 31, 2021
- Messages
- 4,470
- Reaction score
- 6,650
- Points
- 113
Pot isn't legal from a federal perspective, but states still allow it
Wow, this could change home distilling forever in the US
- Thread starter HighVoltageMan!
- Start date
- Joined
- Nov 21, 2023
- Messages
- 1,036
- Reaction score
- 1,628
- Points
- 113
Right now this just a panel ruling, not an en banc decision. I think they stayed it until the .gov decides what to do. Since the argued without interstate commerce at the panel, IDK if they are enjoined from bringing it up at the en banc hearing. - so let's say the losing side- the revenuers in this case, decide they want to appeal, instead of 3 judges, their case will be heard in front of the full or majority of the sitting appeals court judges in that circuit. In some circuits, depending on the issue it's guaranteed to reverse. Not sure about this one as the law is so ... vintage.
If the 6th circuit ruled the same way and the .gov did not appeal to SCOTUS, you could be left with a law that was enforceable in all but the 5th and 6 circuits. ATF reclassified pistol braced 'handguns' as National Firearms Act short barreled rifles a few years ago, was sued in the 5th circuit and lost. Appealed and lost leaving the rule unenforceable in the 5th circuit for 'class members'. A similar thing happened to USPS.
So that can happen. Congress will not correct the "law", same as state legislators as it's entirely possible other circuits could rule the other way OR their could be a collateral ruling that undid the 5th circuit ruling.
When was the last time Congress repealed something or ceded authority?
If the 6th circuit ruled the same way and the .gov did not appeal to SCOTUS, you could be left with a law that was enforceable in all but the 5th and 6 circuits. ATF reclassified pistol braced 'handguns' as National Firearms Act short barreled rifles a few years ago, was sued in the 5th circuit and lost. Appealed and lost leaving the rule unenforceable in the 5th circuit for 'class members'. A similar thing happened to USPS.
So that can happen. Congress will not correct the "law", same as state legislators as it's entirely possible other circuits could rule the other way OR their could be a collateral ruling that undid the 5th circuit ruling.
When was the last time Congress repealed something or ceded authority?
While public sentiment favors legalization, federally, it is a risky bet because the Fed can change their mind at any time and resume enforcement so long as the law "remains on the books".
True - and it causes some odd issues. Places selling pot can only accept cash - because using credit/charge cards means it goes through a bank - and banks are federally regulated and can't accept transactions that are not federally allowed! Where I live it causes charter boat captains trouble because although pot is legal in the state, on federally controlled waterways it is not. So you can legally smoke pot on a boat on an inland lake - but not on Lake Michigan or any waterway that connects to it!
Not sure if any of these types of issues would effect home distilling, but they could affect the sale of equipment and materials.
- Joined
- Jul 27, 2017
- Messages
- 4,823
- Reaction score
- 4,760
- Points
- 113
I mean we all know you're shifty.
- Joined
- Mar 6, 2014
- Messages
- 1,893
- Reaction score
- 2,028
- Points
- 113
or at least paranoid
- Joined
- Jan 25, 2020
- Messages
- 303
- Reaction score
- 404
- Points
- 63
A lot of moonshine still brewed in southeast Georgia. The folks I know doing it have small setups and doing it for personal use. But I'm sure you could find some rather easily if you had the mind to get some. In economically struggling areas, it is not unusual for folks to depend upon fishing and putting a hog and deer in the freezer every year. As a side note, several pulp mills have closed and timber has taken a hit along with those working the industry. The ongoing drought has made gardening impossible without a water source.
I dont think it is legal in GA, but that never really stopped me!
Also when are you gonna make it up to tybee???
- Joined
- Jan 25, 2020
- Messages
- 303
- Reaction score
- 404
- Points
- 63
Back River Brewery? I do need to make the pilgrimage up there with my boy. Likely would be the third week of May.
Trust me, it’ll be worth the trip.
- Joined
- Jan 25, 2020
- Messages
- 303
- Reaction score
- 404
- Points
- 63
It was. Will do it again!
- Joined
- Jan 2, 2017
- Messages
- 4
- Reaction score
- 3
- Points
- 1
Well gents, You better move to New Zealand then. More free than the US!
Brew, distill, grow your own tobacco, share, drink in public (but not barter or sell without a license)
Not to mention excellent locally grown hops, barley and rye. (Gladfield is on the other side of town for me)
Unlimited hunting of goats, pigs and deer on conservation land. They are introduced species, and have no predators (other than hunters)
Yes, you need a firearms license. But the country is so safe, the police don't carry a fire arm (seriously!) So you only need a hunting rifle.
Brew, distill, grow your own tobacco, share, drink in public (but not barter or sell without a license)
Not to mention excellent locally grown hops, barley and rye. (Gladfield is on the other side of town for me)
Unlimited hunting of goats, pigs and deer on conservation land. They are introduced species, and have no predators (other than hunters)
Yes, you need a firearms license. But the country is so safe, the police don't carry a fire arm (seriously!) So you only need a hunting rifle.
Brewing and tobacco are not regulated for home use. Distilling is on its way.
I’ve heard only nice things about New Zealand, even the weather is reasonable. An article in the newspaper recently highlighted how many US doctors have moved there, since medicine is practiced much like it was here many years ago, with a focus on the patient and not the money.
Although states vary in their laws, almost always a long gun is easier to get than a pistol. Where I live, you can buy any gun and conceal it without a permit, you just beed to register the sale with the federal government (answer a few questions electronically, asserting there is no reason you shouldn’t have a gun).
One day I’d love to visit.
- Joined
- Mar 6, 2014
- Messages
- 1,893
- Reaction score
- 2,028
- Points
- 113
That's all you want is a bunch of Americans blowing up your spot
