Making whiskey at home could land you in prison, but Supreme Court may change that

Americans can legally brew beer and make wine at home, but producing even a small amount of whiskey could land them in federal prison.

Now, the U.S.

Supreme Court is preparing to weigh in on a 150-year-old federal law prohibiting home distilling, a case that could have implications far beyond the liquor cabinet .

The justices agreed Monday to review the Reconstruction-era restriction, which dates to 1868 and was originally enacted to combat liquor tax evasion.

AMERICANS ONCE SURVIVED ON SQUIRREL PIE, WHISKEY AND HOMEMADE CHEESE AFTER BRITISH IMPORTS DRIED UP Robert Alt, president and CEO of the Ohio-based Buckeye Institute, which represents challengers to the ban, told Fox News Digital the decision marks a significant development for home-distilling enthusiasts.

"This is a real opportunity for both whiskey and freedom ," Alt said.

Among those challenging the prohibition is John Ream, an Ohio brewery owner and former aerospace engineer who wants to distill small quantities of spirits at home for personal consumption.

Ream's legal battle was previously highlighted by Fox News Digital as he awaited word on whether the nation's highest court would intervene.

MAN CHALLENGING 150-YEAR-OLD BAN ON MAKING LIQUOR AT HOME HOPES SUPREME COURT TAKES HIS CASE Under federal law, producing distilled spirits at home can carry penalties of up to five years in prison, a $10,000 fine and possible property forfeiture.

The case centers on whether Congress' constitutional authority to collect taxes also allows it to prohibit an otherwise lawful activity inside a person's home.

"What this case boils down to is what is the scope of congressional power?" Alt said.

Two federal appeals courts reached conflicting conclusions earlier this year.

CLICK HERE TO SIGN UP FOR OUR LIFESTYLE NEWSLETTER The Fifth Circuit struck down the restriction, finding that Congress' taxing authority did not justify the prohibition.

The Sixth Circuit upheld the law, concluding it was a permissible means of enforcing federal liquor taxes.