Mason Delacroix
Despite the Prohibition era in the United States, which began on 19 January 1920, banning the manufacture, sale and transportation of intoxicating beverages, Americans continued to obtain alcohol through various means. While the Eighteenth Amendment did not outlaw the possession or consumption of alcohol, it led to a thriving black market and innovative ways to obtain alcohol, such as home brewing and wine-making. The enforcement of Prohibition was challenging due to varying local laws, the diverse American geography, and the lack of centralised authority. The unintended consequences of Prohibition included a decline in the amusement and entertainment industries and the emergence of illegal alcohol production, which had serious public health impacts.
| Characteristics | Values |
|---|---|
| Private ownership and consumption of alcohol | Legal under federal law |
| Religious use of wine | Legal |
| Local laws | Stricter in many areas, with some states banning possession |
| Drugstores and pharmacies | Sold alcohol for medicinal use |
| Doctors | Able to prescribe medicinal alcohol |
| Bootleggers | Bought prescription forms from doctors |
| Home-made wine | Legal grey area |
| Home stills | Illegal, but available at hardware stores |
| Public libraries | Provided instructions for distilling |
| Black market alcohol | Declined in quality |
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What You'll Learn
Prescriptions from doctors
During the Prohibition era, doctors were allowed to prescribe alcohol as medicine. This was an exception included in the Volstead Act, which enforced the federal ban on alcohol sales. Under Section 7 of the Act, alcoholic beverages could be prescribed by doctors "who in good faith believes that the use of such liquor as a medicine by such person is necessary and will afford relief to him from some known ailment".
Doctors had to obtain a permit from the U.S. Treasury Department to prescribe alcohol, which was manufactured for pharmacies by government-approved distilleries. The department issued pads of numbered and watermarked forms to doctors, who could then sign prescriptions allowing patients up to one pint of liquor (usually whiskey) every 10 days. The medicine was costly, with patients paying about $3 ($40 in 2016 dollars) to the doctor for the diagnosis and another $3 to the pharmacist.
In the first six months of Prohibition, an estimated 15,000 prescribers applied for alcohol prescriptive permits. From 1921 to 1930, doctors earned about $40 million for whiskey prescriptions. Physicians wrote an estimated 11 million prescriptions per year through the 1920s, a significant number considering the country's population at the time was just over 100 million.
However, the ease of obtaining alcohol through prescriptions led to abuse and illegal sales. In 1931, 400 pharmacists and 1,000 doctors were caught in a scam where doctors sold signed prescription forms to bootleggers. Selling alcohol through drugstores became a lucrative open secret, with historians speculating that some businesses expanded during the 1920s due to medicinal alcohol sales.
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Religious wine
The Eighteenth Amendment to the U.S. Constitution, which came into force in 1920, prohibited the production, sale, and transportation of alcohol. However, the consumption and private ownership of alcohol were not made illegal under federal law. The Volstead Act, which provided for the enforcement of Prohibition, included several loopholes that allowed Americans to continue obtaining alcohol. One such loophole was the exemption of wine for religious use.
Wine has long been considered a "spiritual drink" by the Catholic Church, and its use in religious ceremonies is considered a common liturgical practice. During Prohibition, a provision was made to allow the use of wine in religious services, and priests were granted permission to use wine for sacramental purposes. This exemption provided a lifeline to America's wine industry, which was facing collapse due to the Prohibition laws. Wineries that produced church wine benefited from a competitive advantage, as they were able to obtain permits from the Prohibition director and continue their operations.
The use of religious permits as a loophole for the wine industry was not without its challenges. To ensure that the wines were used for religious purposes and not general consumption, a religious leader had to act as the proprietor of the winery during production and distribution. Additionally, wine consumption was strictly forbidden at the wineries themselves. Despite these measures, there is speculation that much of the sacramental wine produced during this time was consumed outside of religious rituals.
The exemption for religious wine also contributed to an increase in religious enrollment. With houses of worship being one of the only legal outlets for alcohol, cities saw a rise in the number of self-professed rabbis and other religious leaders who could obtain wine for their congregations. This dynamic further highlights how the exemption for religious wine created opportunities for both the wine industry and religious institutions to navigate the restrictions imposed by Prohibition.
In conclusion, the exemption for religious wine during Prohibition in the 1920s had significant implications for both the wine industry and religious practices in America. It allowed wineries producing sacramental wine to survive, while also leading to an increase in religious enrollment and the formation of new congregations. The dynamic between the wine industry and religious institutions during this period showcases the creative strategies employed to navigate the complexities of Prohibition laws.
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Home-brewing
The law was also unclear when it came to making wine at home. The grape industry took advantage of this, selling juice concentrate with warnings not to leave it sitting for too long, as it would turn into wine. Home stills were technically illegal, but Americans could easily purchase them at hardware stores and find instructions for distilling in public libraries.
The trade in unregulated alcohol had serious consequences for public health. As the illegal alcohol trade became more lucrative, the quality of alcohol on the black market declined. On average, 1,000 Americans died each year during Prohibition from drinking tainted liquor.
In addition to home-brewing, Americans obtained alcohol through other means. Bootleggers took advantage of the legal exceptions that allowed pharmacists to dispense whiskey and doctors to prescribe medicinal alcohol. Bootleggers mounted widespread scams, buying prescription forms from doctors and selling them to pharmacists.
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Bootlegging
Despite the Eighteenth Amendment prohibiting the manufacture, sale and transportation of intoxicating beverages, it did not outlaw the possession or consumption of alcohol in the United States. The Volstead Act, which provided for the enforcement of Prohibition, included loopholes that allowed for schemes to evade the ban.
One such loophole was that pharmacists were permitted to dispense whiskey by prescription for a variety of ailments, from anxiety to influenza. Bootleggers took advantage of this by buying prescription forms from unscrupulous doctors and mounting widespread scams. In 1931, a scam was uncovered in which doctors sold signed prescription forms to 400 pharmacists and 1,000 doctors, who then provided the alcohol. Only 12 doctors and 13 pharmacists were indicted, and those charged faced a mere $50 fine.
Another loophole was that Americans were allowed to obtain wine for religious purposes. Cities saw an increase in the number of self-professed rabbis who could obtain wine for their congregations.
The law was also unclear when it came to making wine at home. The grape industry began selling juice concentrate with warnings not to leave it sitting too long, otherwise, it would turn into wine. Home stills were technically illegal, but Americans found they could purchase them at hardware stores, and instructions for distilling could be found in public libraries.
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Purchasing from drugstores
During the Prohibition era in the United States, which began on 19 January 1920, pharmacists were allowed to dispense whiskey by prescription for various ailments, including anxiety and influenza. This provision was often exploited, with doctors writing numerous prescriptions for patients, and people writing and filling counterfeit subscriptions at pharmacies. Bootleggers also bought prescription forms from doctors and mounted widespread scams.
The sale of medicinal alcohol through drugstores became a lucrative open secret, with the number of registered pharmacists in New York State tripling during the Prohibition era. Charles R. Walgreen, of Walgreens fame, is believed to have expanded from 20 stores to 525 during the 1920s due to medicinal alcohol sales.
Physicians wrote an estimated 11 million prescriptions a year throughout the 1920s, and Prohibition Commissioner John F. Kramer cited one doctor who wrote 475 prescriptions for whiskey in a single day. It was not difficult for people to obtain or forge prescriptions for alcohol, and this practice was widespread.
In addition to the sale of "medicinal" whiskey, drugstores also sold denatured alcohol, which had been mixed with noxious chemicals to make it unfit for drinking. Millions of gallons of this alcohol were illegally diverted, processed to remove the chemicals, and mixed with water and liquor to be sold to customers.
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Frequently asked questions
Doctors were able to prescribe medicinal alcohol to their patients. Pharmacists were also allowed to dispense whiskey by prescription for a number of ailments.
The Volstead Act left enough loopholes that Americans could exploit to obtain alcohol. For example, the law was unclear about Americans making wine at home, and home stills were easily accessible. Americans were also allowed to obtain wine for religious purposes, so enrollments rose at churches and synagogues.
Bootleggers bought prescription forms from doctors and mounted widespread scams. They also discovered that running a pharmacy was a perfect front for their trade.
Illegal alcohol came from many sources. One of the largest sources was alcohol used legally in industry, such as the automotive industry, where a portion of the alcohol used as antifreeze was diverted to bootleggers.
