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Whisky

Prohibition and American whiskey

National Prohibition in the United States lasted less than fourteen years. It closed most distilleries, sent drinkers to smugglers and left the industry short of aged whiskey for years after repeal. Many of today's labelling rules and the way alcohol is sold in America were written in its aftermath.

The temperance movement won in 1920

Campaigns against alcohol had been building in America for decades, led by groups who blamed drink for poverty, violence and broken families. Many states and counties went dry before the national ban. In 1919 the Eighteenth Amendment to the US Constitution was ratified. The Volstead Act set out how it would be enforced.

From January 1920 it became illegal to make, sell or transport intoxicating liquor in the United States. Drinking itself was not a crime. Alcohol bought before the ban could be kept at home.

Most distilleries simply closed

Whiskey distilleries were among the first casualties. Most shut down, sold their equipment or turned to other products. Skilled distillers, coopers and warehouse workers left the trade. Some distilleries were dismantled and never reopened.

A small exception kept a few going. Whiskey could still be sold on a doctor's prescription as medicine. A handful of companies were licensed to bottle and sell existing stocks for medicinal use. Late in the period some were allowed to distil limited amounts to top up those stocks. Patients collected a pint at a time from the pharmacy.

Smugglers filled the gap

Demand did not go away. It moved underground. Whisky came over the Canadian border and by sea from the Caribbean. Speakeasies, illegal bars, opened in every city. Home stills produced rough spirit, some of it dangerous. Industrial alcohol, deliberately made poisonous so it could not be drunk, was sometimes redistilled and sold, with tragic results.

Cocktails flourished partly because much of the spirit on offer was poor and needed masking with sugar, citrus and bitters. Some of the famous classics predate Prohibition, but the period helped spread the mixed drink habit.

Repeal came in 1933 with very little aged whiskey

By the early 1930s Prohibition was widely seen as a failure. It had fed organised crime and cost governments tax income during the Great Depression. In December 1933 the Twenty-first Amendment repealed it.

The problem for whiskey was time. Distillers could restart quickly, but aged whiskey takes years. In the first years after repeal much of what was sold was young. Imports from Canada and Scotland took a large share of the market. American drinkers who had grown used to lighter Canadian whisky and Scotch did not all come back to bourbon and rye. Rye whiskey in particular took decades to recover.

The rules written afterwards still apply

Repeal handed control of alcohol back to the states. Many adopted a three-tier system that separates producers, distributors and retailers. A distillery generally sells to a distributor, who sells to a shop or bar. Some states run their own liquor shops. Some counties have stayed dry to this day.

At federal level, the Federal Alcohol Administration Act of 1935 led to standards of identity: formal definitions of bourbon, rye, straight whiskey and other types, plus rules on what a label may claim. Those definitions are why bourbon must be made from at least 51% corn and aged in new charred oak containers. Our history of bourbon covers how those rules came together.

The label rules help you read a bottle today

The post-repeal rules are practical for anyone buying American whiskey. A bottle that says straight bourbon or straight rye has been aged at least two years in new charred oak with nothing added. If it is under four years old, the label must say its age. Bottled in bond means one distillery, one distilling season, at least four years in a bonded warehouse and 50% ABV.

These rules exist because of the fraud and confusion that came before and after Prohibition. Rectifiers once sold neutral spirit with colouring and flavouring as aged whiskey. The standards of identity made that much harder. When you see blended whiskey on an American label, it can legally include neutral grain spirit. The label words are not marketing filler. Each one is a legal definition. Learning them takes ten minutes.

It reshaped the world whisky market too

Prohibition did not only affect America. Irish whiskey had relied heavily on American sales. Losing that market helped push the Irish industry into decline. Canadian distillers, close to the border and legal at home, gained a lasting foothold. Scotch blenders built American distribution ready for the day of repeal.

A modern parallel is closer to home. India has states with prohibition today, such as Gujarat and Bihar. The same patterns appear wherever a ban is in place: smuggling across state borders, spurious liquor and lost tax revenue for the state.

Taste the whiskey Prohibition nearly ended

Rye was the classic American whiskey before Prohibition. Try a straight rye next to a bourbon. The rye is usually drier and spicier, with notes of black pepper, mint or rye bread. The bourbon is sweeter and rounder from its corn. Our guide to the flavour of rye whiskey describes what to look for. Taste small measures with water and plan your ride home before you start.

Common questions

When was Prohibition in the United States?

National Prohibition ran from January 1920 until December 1933, when the Twenty-first Amendment repealed it.

Could you buy whiskey legally during Prohibition?

Only on a doctor's prescription, from a small number of companies licensed to sell existing stocks as medicine.

Why did rye whiskey decline after Prohibition?

Distilleries closed, aged stocks ran out and drinkers moved to lighter Canadian whisky, Scotch and later vodka. Rye took decades to come back.