"What Did Prohibition Prohibit?"
"To say that alcohol was simply forbidden after passage of the Eighteenth Amendment is misleading. The amendment, combined with the legal statutes in the National Prohibition Enforcement Act (better known as the Volstead Act), outlawed certain actions related to alcohol, but did not outlaw alcohol entirely.
The general provisions of the amendment declared that it was illegal to manufacture, sell, transport, import, or export 'intoxicating liquors' for 'beverage purposes.' Thus, selling alcohol was illegal, but buying it was not. The Volstead Act defined 'intoxicating liquors' as any beverage with more than 0.5 percent alcohol content, which allowed low-alcohol 'near beer' to be sold legally. Also, industrial alcohol that was not intended for 'beverage purposes' was legal, though permits were required to manufacture it.
The Volstead Act also allowed high-percentage beverage alcohol under certain conditions. Sacramental wines, such as those used by devout Jews, were permissible, but regulations were put in place to control their sale. Alcohol could also be acquired with a doctor's prescription, with certain time and volume limitations.
Neither the amendment nor the law specifically prohibited the drinking of alcohol. This had ramifications in regard to personal consumption:
Source: Jeff Hill, Defining Moments: Prohibition
The general provisions of the amendment declared that it was illegal to manufacture, sell, transport, import, or export 'intoxicating liquors' for 'beverage purposes.' Thus, selling alcohol was illegal, but buying it was not. The Volstead Act defined 'intoxicating liquors' as any beverage with more than 0.5 percent alcohol content, which allowed low-alcohol 'near beer' to be sold legally. Also, industrial alcohol that was not intended for 'beverage purposes' was legal, though permits were required to manufacture it.
The Volstead Act also allowed high-percentage beverage alcohol under certain conditions. Sacramental wines, such as those used by devout Jews, were permissible, but regulations were put in place to control their sale. Alcohol could also be acquired with a doctor's prescription, with certain time and volume limitations.
Neither the amendment nor the law specifically prohibited the drinking of alcohol. This had ramifications in regard to personal consumption:
- A person could possess and drink alcohol in his or her home. Those who stockpiled booze at their residence before Prohibition took effect and only consumed it there violated no laws.
- It was illegal to store alcohol in some place other than a residence, however. (This point was clarified just days before Prohibition took effect. A mad scramble ensued as people had to move large stockpiles from storage buildings to their homes.)
- It was against the law to make beverages that had more than 0.5 percent alcohol, even for personal use. Home manufacturing became very popular, but it was illegal--with one notable exception:
- The Volstead Act allowed the manufacture of cider and fruit juices for personal consumption. Both will ferment into alcoholic beverages of their own accord, though this was not discussed in the act. Thus, homemade wine and hard cider were legal. This provision was included mostly to appease farmers, who had a long tradition of making hard cider. It was viewed as more proof that drys targeted drinking in the cities while ignoring alcohol use in the country. In practice, plenty of city dwellers made use of the exemption, especially immigrants who had previous experience with winemaking."
Source: Jeff Hill, Defining Moments: Prohibition