SC - Fw: Distillation

[Christine A Seelye-King]

- --------- Forwarded message ----------
From: "dallas fox" <deadtongue at hotmail.com>
To: mermayde at juno.com
Date: Thu, 22 Apr 1999 10:50:51 PDT
Subject: Distillation
Message-ID: <19990422175052.22218.qmail at hotmail.com>

I found this on Cornell University's legal page, and here is what 
they have to say about Federal Regulation of Alcohol:

The police powers of the Federal government are limited to regulating 
matters which are connected with one of the powers expressly granted 
to the government by the U.S. Constitution, and which do not infringe 
on the police powers of the states. This means that the Federal 
government lacks the power to regulate liquor sales by one citizen to 
another within the territorial limits of a given state, or to 
prescribe liquor-related business within any state. However, because 
of the commerce clause, the Federal government can and does regulate 
the importation and interstate transportation of intoxicating liquors 
- -- see the Federal Alcohol Administration Act of 1935, 27 USC §§ 201 
et seq.. The federal government also has the power to regulate liquor 
sales in D.C., and where it has exclusive authority such as on 
government owned military reservations, and with Indian tribes. In 
all other situations, the states' police power controls alcoholic 
beverage law. The federal government has, however, used financial 
incentives built into its funding of highways to establish a national 
minimum drinking age. See 23 USC § 158. 

This pretty much establishes that the BATF can take no interest in 
the distillation of alcohol for personal use, if none of the 
ingredients are from out of state.  My one real concern for me is the 
yeast.  If they really wanted to get you, they might hook onto that.  

We all do things daily that are not legal.  I personally exceed the 
speed limit on a regular basis, and I am willing to accept the 
consequences of being caught.  If you keep a low profile, and don't 
do outrageous things that attract attention, you should be able to 
distill small quantities with no repercussions.

Damon Fox, called DeadTongue

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