The National Prohibition Act, known informally as the Volstead Act, was an act of the
66th United States Congress
The 66th United States Congress was a meeting of the legislative branch of the United States federal government, comprising the United States Senate and the United States House of Representatives. It met in Washington, DC from March 4, 1919, to Ma ...
, designed to carry out the intent of the 18th Amendment (ratified January 1919), which established the
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
of
alcoholic drink
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The c ...
s. The
Anti-Saloon League
The Anti-Saloon League (now known as the ''American Council on Addiction and Alcohol Problems'') is an organization of the temperance movement that lobbied for prohibition in the United States in the early 20th century.
Founded in 1893 in Ober ...
's
Wayne Wheeler
Wayne Bidwell Wheeler (November 10, 1869 – September 5, 1927) was an American attorney and longtime leader of the Anti-Saloon League. The leading advocate of the prohibitionist movement in the late 1800s and early 1900s, he played a major ...
conceived and drafted the bill, which was named after
Andrew Volstead
Andrew John Volstead () (October 31, 1860 – January 20, 1947) was an American member of the United States House of Representatives from Minnesota, 1903–1923, and a member of the Republican Party. His name is closely associated with the N ...
The Eighteenth Amendment to the United States Constitution prohibited the production, sale, and transport of "intoxicating liquors," but it did not define "intoxicating liquors" or provide penalties. It granted both the federal government and the states the power to enforce the ban by "appropriate legislation." A bill to do so was introduced in the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
in 1919. The act was voided by the ratification of the Twenty-first Amendment in 1933.
The bill was vetoed by President
Woodrow Wilson
Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
on October 27, 1919, largely on technical grounds, because it also covered wartime prohibition, but his veto was overridden by the House on the same day and by the Senate one day later.
The three distinct purposes of the Act were:
# to prohibit intoxicating beverages such as liquor, beer and alcohol,
# to regulate the manufacture, production, use, and sale of high-proof spirits for other than beverage purposes,
# to ensure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries.
It provided further that: "No person shall on or after the date when the eighteenth amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized in this Act, and all the provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented."
The act defined intoxicating liquor as any beverage containing 0.5% or more alcohol by volume and superseded all existing prohibition laws in effect in states that had such legislation. The extremely low limit on allowed alcohol content, banning wine and beer, took many around the country by surprise, even Prohibition supporters.
Enforcement and impact
The production, importation, and distribution of alcoholic beverages – once the province of legitimate business – was taken over by criminal gangs, which fought each other for market control in violent confrontations, including murder. Major
gangsters
A gangster is a criminal who is a member of a gang. Most gangs are considered to be part of organized crime. Gangsters are also called mobsters, a term derived from '' mob'' and the suffix '' -ster''. Gangs provide a level of organization and ...
Chicago
(''City in a Garden''); I Will
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's
Al Capone
Alphonse Gabriel Capone (; January 17, 1899 – January 25, 1947), sometimes known by the nickname "Scarface", was an American gangster and businessman who attained notoriety during the Prohibition era as the co-founder and boss of the ...
, became rich, and were admired locally and nationally. Enforcement was difficult because the gangs became so rich that they were often able to bribe underpaid and understaffed law-enforcement personnel, and afford expensive lawyers. Many citizens were sympathetic to
bootleggers
Bootleg or bootlegging most often refers to:
* Bootleg recording, an audio or video recording released unofficially
* Rum-running, the illegal business of transporting and trading in alcoholic beverages, hence:
** Moonshine, or illicitly made ...
, and respectable citizens were lured by the romance of illegal
speakeasies
A speakeasy, also called a blind pig or blind tiger, is an illicit establishment that sells alcoholic beverages, or a retro style bar that replicates aspects of historical speakeasies.
Speakeasy bars came into prominence in the United States ...
, also called " blind tigers." The loosening of social mores during the 1920s included popularizing the
cocktail
A cocktail is an alcoholic mixed drink. Most commonly, cocktails are either a combination of spirits, or one or more spirits mixed with other ingredients such as tonic water, fruit juice, flavored syrup, or cream. Cocktails vary widely across ...
and the cocktail party among higher socioeconomic groups. Those inclined to help authorities were often intimidated and even murdered. In several major cities – notably those that served as major points of liquor importation, including Chicago and
Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
– gangs wielded significant political power. A
Michigan State Police
The Michigan State Police (MSP) is the state police agency for the U.S. state of Michigan. The MSP is a full-service law enforcement agency, with its sworn members having full police powers statewide.
The department was founded in 1917 as a wart ...
raid on Detroit's Deutsches Haus once netted the mayor, the sheriff, and the local congressman.
Prohibition came into force at 12:00:01 am on January 17, 1920, and the first documented infringement of the Volstead Act occurred in Chicago on January 17 at 12:59 am. According to police reports, six armed men stole $100,000 worth of "medicinal" whiskey from two freight-train cars. This trend in bootlegging liquor created a domino effect among criminals across the United States. Some gang leaders had been stashing liquor months before the Volstead Act was enforced. The ability to sustain a lucrative business in bootlegging liquor was largely helped by the minimal police surveillance at the time. There were only 134 agents designated by the Prohibition Unit to cover all of
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
,
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
, and parts of
Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
. According to Charles C. Fitzmorris, Chicago's chief of police during the beginning of the Prohibition period, "Sixty percent of my police erein the bootleg business."
Section 29 of the Act allowed 200 gallons (the equivalent of about 1000 750-ml bottles) of "non-intoxicating cider and fruit juice" to be made each year at home. p. 2 Chapter 1 Initially "intoxicating" was defined as exceeding 0.5% alcohol by volume, but the Bureau of Internal Revenue struck that down in 1920, effectively legalizing home winemaking. For beer, however, the 0.5% limit remained until 1933. Some vineyards embraced the sale of grapes for making wine at home. Zinfandel grapes were popular among home winemakers living near vineyards, but their tight bunches left their thin skins vulnerable to rot from rubbing and abrasion on the long journey to East Coast markets.Pinney p. 26. The thick skins of
Alicante Bouschet
Alicante Bouschet or Alicante Henri Bouschet is a wine grape variety that has been widely cultivated since 1866. It is a cross of Petit Bouschet (itself a cross of the very old variety Teinturier du Cher and Aramon) and Grenache.H. Johnson ''Vintage: The Story of Wine'' p. 444. Simon and Schuster 1989 .
The Act contained a number of exceptions and exemptions. Many of them were used to evade the law's intended purpose. For example, the Act allowed a
physician
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
to prescribe whiskey for his patients but limited the amount that could be prescribed. Subsequently, the House of Delegates of the
American Medical Association
The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016.
The AMA's state ...
voted to submit to Congress a bill to remove the limit on the amount of whiskey that could be prescribed and questioned the ability of a legislature to determine the therapeutic value of any substance.
Vine-Glo
Vine-Glo was a grape concentrate brick product sold in the United States during Prohibition by Fruit Industries Ltd, a front for the California Vineyardist Association (CVA), from 1929. It was sold as a grape concentrate to make grape juice from ...
was produced ostensibly to let people make grape juice from concentrate but it included a warning on its packaging telling people how to make wine from it.
According to Neely, "The Act called for trials for anyone charged with an alcohol-related offense, and juries often failed to convict. Under the state of New York's Mullan–
Gage
Gage may refer to:
Measurement
* Gage is a variant spelling of the word ''gauge''
*Stream gauge, aka Stream gage, a site along a stream where flow measurements are made
People
* Gage (surname)
*Gage Golightly (born 1993), American actress
Plac ...
Act, a short-lived local version of the Volstead Act, the first 4,000 arrests led to just six convictions and not one jail sentence".
While the production, transport and sale of intoxicating liquor was illegal, their purchase was ruled legal in '' United States v. Norris''.
Repeal
Prohibition lost support because ignoring the law gained increasing social acceptance and organized-crime violence increased. By 1933, public opposition to prohibition had become overwhelming. In March of that year, Congress passed the
Cullen–Harrison Act
The Cullen–Harrison Act, named for its sponsors, Senator Pat Harrison and Representative Thomas H. Cullen, enacted by the United States Congress on March 21, 1933, and signed by President Franklin D. Roosevelt the following day, legalized the ...
, which legalized "
3.2 beer
Low-alcohol beer is beer with little or no alcohol content and aims to reproduce the taste of beer while eliminating (or at least reducing) the inebriating effects of standard alcoholic brews. Most low-alcohol beers are lagers, but there are som ...
" (''i.e.,'' beer containing 3.2% alcohol by weight or 4% by volume) and wines of similarly low alcohol content, rather than the 0.5% limit defined by the original Volstead Act.
In February 1933, Congress passed the
Blaine Act
The Blaine Act, formally titled Joint Resolution Proposing the Twenty-First Amendment to the United States Constitution, is a joint resolution adopted by the United States Congress on February 20, 1933, initiating repeal of the 18th Amendment to ...
, a proposed constitutional amendment to repeal the Eighteenth Amendment to end prohibition. On December 5, 1933,
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
became the 36th state to ratify the Twenty-first Amendment, which repealed the Eighteenth Amendment, voiding the Volstead Act and restoring control of alcohol to the states. All states either made alcohol legal, or passed control over alcohol production and consumption to the counties and provinces they comprise. That led to the creation of
dry counties
A dry county is a County (United States), county in the United States whose government forbids the sale of any kind of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Dozens of dry c ...
Prohibition in the United States
In the United States from 1920 to 1933, a Constitution of the United States, nationwide constitutional law prohibition, prohibited the production, importation, transportation, and sale of alcoholic beverages. The alcohol industry was curtai ...
*
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevent ...
*
Medicinal Liquor Prescriptions Act of 1933
Medicinal Liquor Prescriptions Act of 1933 is a United States federal statute establishing prescription limitations for physicians possessing a permit to dispense medicinal liquor. The public law seek to abolish the use of the medicinal liquor pres ...
*
Comprehensive Drug Abuse Prevention and Control Act of 1970
The Comprehensive Drug Abuse Prevention and Control Act of 1970, , is a United States federal law that, with subsequent modifications, requires the pharmaceutical industry to maintain physical security and strict record keeping for certain typ ...