Dry state
A dry state in the United States is a jurisdiction where laws prohibit or severely restrict the manufacture, distribution, importation, and sale of alcoholic beverages, typically as a legacy of the 19th- and early 20th-century temperance movement that sought to curb alcohol-related social ills through moral and legal reform.[1][2] These prohibitions originated with early state-level experiments, such as Maine's 1851 statewide ban, and expanded amid campaigns by groups like the Anti-Saloon League, leading to 23 dry states by 1916 and ratification of the 18th Amendment in 1919 that imposed national Prohibition from 1920 to 1933.[2] The 21st Amendment's repeal in 1933 devolved alcohol regulation to states and localities, ending federal mandates but preserving dry status in some areas through voter referenda or default prohibitions requiring affirmative action for legalization.[3][4] Today, no U.S. states maintain fully dry status, with all permitting some alcohol sales, though three states—Kansas, Mississippi, and Tennessee—operate under "local option" systems where counties or municipalities default to dry unless voters approve "wet" status, resulting in persistent dry enclaves covering about 5% of the nation's land area, concentrated in the South and Appalachia.[3][1] Dry jurisdictions have faced scrutiny for potentially exacerbating unregulated consumption and black-market activity, with empirical studies indicating higher rates of alcohol-related traffic fatalities and violent crime in some dry counties compared to wet counterparts, challenging the movement's original aims of public health improvement.[5] Defining characteristics include reliance on religious and cultural conservatism, often in rural Protestant strongholds, and ongoing debates over economic impacts, as dry areas forgo tax revenue from legal sales while tourism and compliance costs vary.[3]Definition and Legal Framework
Core Definition
A dry state or dry jurisdiction in the United States refers to a governmental entity, such as a state, county, municipality, or precinct, where local laws prohibit the sale of alcoholic beverages. This ban typically applies to both on-premises consumption in bars, restaurants, and other establishments, as well as off-premises retail sales through stores or distributors, though private possession and consumption are often permitted unless separately restricted.[3] Such designations arise under the authority granted by the Twenty-first Amendment to the U.S. Constitution, ratified on December 5, 1933, which ended national Prohibition and devolved regulatory power over alcohol to the states, allowing them to further delegate to localities via "local option" laws.[5] While no U.S. state maintains a complete statewide dry status as of 2025, the term "dry state" historically described entities like Kansas and Mississippi prior to their partial liberalization, and it now commonly applies to sub-state levels where proactive local votes are required to authorize sales—effectively rendering areas dry by default. In three states—Kansas, Mississippi, and Tennessee—localities must affirmatively opt into alcohol sales, perpetuating dry conditions in non-adopting areas.[3] Nationally, over 80 entirely dry counties exist across nine states, concentrated in the South, with Arkansas alone accounting for more than 30 such counties prohibiting all alcohol sales.[6] These prohibitions reflect ongoing exercises of local autonomy rather than uniform federal policy, often varying in scope: fully dry areas ban all distilled spirits, wine, and beer, while some permit limited exceptions like low-alcohol beer under specific conditions. Enforcement relies on state enabling statutes, with violations treated as misdemeanors or felonies depending on the jurisdiction and quantity involved.[3]Classifications of Dryness
Dry jurisdictions in the United States are categorized primarily as dry, moist (or partially dry), or wet based on the extent of prohibitions against the sale of alcoholic beverages, with dryness referring to the most restrictive end of the spectrum. A dry jurisdiction imposes a complete ban on all alcohol sales, encompassing both on-premises consumption (e.g., in bars or restaurants) and off-premises retail (e.g., liquor stores or package sales).[3] [7] In these areas, local laws typically prohibit commercial transactions involving beer, wine, or distilled spirits, though personal possession and private consumption remain legal unless further restricted by state statutes.[1] Moist or partially dry jurisdictions represent an intermediate classification, permitting limited alcohol sales under specific constraints that fall short of full liberalization. Common restrictions include allowing only off-premises sales (e.g., takeout from package stores but no bars), sales of low-alcohol products like beer and wine while banning distilled spirits, or approvals confined to designated zones such as incorporated municipalities within an otherwise dry county.[7] [8] These partial measures often arise from local option laws, which enable voters in precincts, towns, or cities to opt into limited wetness via referendums, creating patchwork variations within broader dry counties.[3] Further subclassifications of dryness account for jurisdictional scale and exceptions. County-level dryness applies uniformly across the entire county, whereas precinct- or municipal-level dryness allows sub-areas to maintain prohibitions independently, as seen in states like Texas and Mississippi where individual voting precincts can diverge from county status.[8] Rare exceptions in dry areas may include allowances for private clubs, medicinal sales, or temporary events, but these are governed by state enabling laws and do not alter the core sales ban.[7] As of 2025, such classifications persist mainly in Southern and Bible Belt states, reflecting historical temperance influences rather than uniform federal policy.[1]Federal and State Interactions
Section 2 of the Twenty-First Amendment empowers states to enforce prohibitions on the importation and transportation of intoxicating liquors in violation of their laws, thereby limiting federal authority to override state or local dry policies.[9] This clause, ratified on December 5, 1933, directly supports the maintenance of dry jurisdictions by criminalizing interstate shipments intended for use where state law forbids it, as affirmed in interpretations upholding state plenary power over alcohol within borders.[10] Federal courts have consistently deferred to this framework, interpreting the amendment to displace federal dormant Commerce Clause scrutiny for even-handed state alcohol regulations, allowing dry states or counties to block out-of-state alcohol without violating interstate commerce principles.[11] Notwithstanding state authority, federal excise taxes under the Internal Revenue Code apply to lawful alcohol production and sales nationwide, administered by the Alcohol and Tobacco Tax and Trade Bureau (TTB), which enforces labeling, advertising, and production standards but defers to state distribution rules.[10] In dry areas, this results in no federal tax revenue from local sales, though federal law prohibits aiding violations of state import bans, as seen in pre-repeal precedents like the Webb-Kenyon Act of 1913, which influenced post-1933 enforcement by targeting shipments into dry territories.[12] Interactions extend to federal properties, where jurisdiction often excludes state dry laws; for example, United States military reservations operate independently, permitting alcohol sales via base exchanges and clubs exempt from local prohibitions.[13] This exemption stems from federal supremacy on enclaves, ensuring operational needs like morale facilities are met without state interference, even in otherwise dry counties concentrated in southern states as of 2023.[3] Such carve-outs highlight tensions, as dry jurisdictions cannot regulate federal lands, leading to localized availability amid broader bans.Historical Origins
Temperance Movement Roots
The temperance movement emerged in the early 19th-century United States, fueled by the Second Great Awakening's evangelical emphasis on moral purification and social reform, which viewed intemperance as a pervasive sin undermining family stability and community order.[14] Early advocates, primarily Protestant clergymen, initially promoted moderation by discouraging distilled spirits—responsible for the majority of alcohol-related disorders—while tolerating fermented beverages like beer and cider, as these were seen as less intoxicating and culturally embedded in agrarian life.[15] This approach reflected observations of alcohol's role in exacerbating poverty, criminality, and spousal abuse, with reformers citing per capita consumption rates exceeding 7 gallons of pure alcohol annually by 1830 as evidence of a national crisis.[2] Formal organization began with local societies in the 1810s, such as the 1815 total abstinence group in Portland, Maine, but coalesced nationally with the founding of the American Temperance Society in Boston on February 13, 1826, by figures including Lyman Beecher, who leveraged church networks to distribute over 5 million tracts by 1835.[16][15] The society grew rapidly, boasting 6,000 auxiliaries and 1 million pledged members by 1833, shifting rhetoric toward total abstinence (teetotalism) after 1830 as evidence mounted that partial moderation failed to curb habitual excess among the working class.[15] These efforts prioritized voluntary pledges over immediate legislation, though they cultivated grassroots support for restricting alcohol sales in response to its perceived causal links to societal decay, including higher rates of insanity and pauperism in liquor-heavy regions.[2] By the 1840s, the movement's ideological roots—rooted in Calvinist doctrines of self-control and republican virtue—began translating into political action, inspiring local "dry" ordinances in rural Protestant strongholds where immigrant Catholic communities' drinking customs heightened cultural tensions.[17] Pioneering state-level prohibitions, such as Maine's 1851 "Maine Law" championed by temperance leader Neal Dow, marked the transition from moral suasion to legal enforcement, banning manufacture and sale of intoxicating liquors and establishing the template for dry jurisdictions amid the Civil War's temporary setback to reform momentum.[18][19] This legislative pivot reflected the movement's empirical grounding in data from reform experiments showing reduced crime in abstinence zones, though critics noted enforcement challenges and economic pushback from the liquor trade.[2]Expansion of Dry Laws Pre-1919
The expansion of dry laws in the United States prior to national Prohibition began in the mid-19th century amid the temperance movement's push against alcohol consumption. Maine enacted the first statewide prohibition on the manufacture and sale of intoxicating liquors on June 2, 1851, marking the initial success of organized temperance efforts that had gained traction since the 1830s.[20] This law targeted hard liquors primarily, reflecting concerns over public health and social order, though enforcement faced immediate challenges including evasion and legal loopholes.[2] Between 1851 and 1855, a wave of similar prohibitions swept through 13 states and one territory, including Vermont, Massachusetts, Rhode Island, Minnesota, and Oregon in 1852, driven by petitions and legislative momentum from temperance societies.[20] [2] However, most of these early laws proved short-lived; by 1863, only five states retained dry status, as wartime revenue needs and political opposition led to repeals, with consumption patterns showing a prior halving of hard liquor intake from 1820 to 1850 due to voluntary abstinence campaigns rather than mandates alone.[2] Maine's law endured as the exception, reinforced by constitutional amendment in 1884, establishing a model for later efforts despite ongoing smuggling from Canada.[20] A resurgence occurred in the late 19th century, with Kansas embedding prohibition in its 1880 state constitution, effective 1881, as the second enduring dry state after Maine, emphasizing moral reform over fiscal policy.[21] The 1890s saw six additional states adopt constitutional prohibitions, incorporating local option mechanisms allowing counties or municipalities to vote on dryness, which facilitated piecemeal expansion without uniform statewide enforcement.[2] The most rapid growth unfolded from 1907 to 1918, fueled by the Anti-Saloon League's political lobbying and women's suffrage alignments, resulting in 33 states enacting statewide prohibitions by the time the 18th Amendment was ratified in January 1919. Key adoptions included Georgia and Oklahoma in 1907 (the latter upon statehood), Mississippi in 1908, and a cascade in the 1910s such as Alabama in 1915 and Colorado in 1916, often via referenda or legislative acts targeting saloons as sites of vice.[2] By April 1917, 26 of the 48 states had implemented some form of restrictive laws, including outright bans, high licensing fees, or dispensary systems like South Carolina's 1893-1907 model, which aimed to monopolize sales but collapsed amid corruption scandals.[22] [2] This pre-national expansion covered roughly two-thirds of the U.S. population, reflecting rural and Protestant-dominated regions' dominance over urban "wet" strongholds, though enforcement varied widely due to federalism and interstate commerce issues addressed partially by the 1913 Webb-Kenyon Act.National Prohibition and State Roles
The Eighteenth Amendment, prohibiting the "manufacture, sale, or transportation of intoxicating liquors" for beverage purposes, was proposed by Congress on December 18, 1917, and ratified on January 16, 1919, after Nebraska became the 36th state to approve it, meeting the three-fourths threshold required by Article V of the Constitution.[23] Effective one year later on January 17, 1920, the amendment imposed a uniform national ban, superseding prior state-level variations and compelling "wet" states to align with dry policies.[24] By the amendment's effective date, no fewer than 33 states had already adopted statewide prohibition laws, often through local option systems or outright bans, which facilitated smoother transitions in those jurisdictions. Section 2 explicitly granted concurrent enforcement authority to both Congress and the states, enabling state governments to enact complementary legislation while federal law set the baseline.[25] The Volstead Act, passed by Congress in October 1919 and enacted over President Woodrow Wilson's veto, operationalized the amendment by defining intoxicating liquors as those exceeding 0.5% alcohol content and authorizing federal raids, seizures, and prosecutions.[26] Dry states with pre-existing bans, such as Kansas (prohibiting alcohol since 1880) and Oklahoma (which enacted a "bone-dry" possession ban in 1917), integrated national requirements into local enforcement, often supplementing federal efforts with state police and stricter possession prohibitions.[27] Early ratifiers like Mississippi (first on January 7, 1918) and other Southern states demonstrated proactive alignment, with their legislatures passing supportive measures that extended to criminalizing personal possession in some cases.[28] State roles diverged significantly in practice, as federal resources proved insufficient—total enforcement spending by federal and state governments was under $500,000 in 1923—leading to reliance on local cooperation that was absent in resistant areas.[29] Urban and immigrant-heavy states like New York and Maryland declined to pass state enforcement codes, effectively nullifying proactive compliance and shifting the burden to understaffed federal agents, which exacerbated bootlegging and corruption.[30] By 1929, only 43 states had adopted supplementary dry enforcement laws, with the remaining five lacking such codes, underscoring how national prohibition's success hinged on variable state commitment rather than uniform federal imposition.[31] This federal-state dynamic preserved dry states' influence, as their established infrastructures amplified the amendment's reach in rural, Protestant-dominated regions.Post-Repeal Evolution
Repeal of the 18th Amendment
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment establishing national Prohibition, was proposed by Congress on February 20, 1933, amid widespread enforcement failures, the rise of organized crime, and economic pressures from the Great Depression that highlighted lost tax revenue from legal alcohol sales.[32] Unlike typical amendments ratified by state legislatures, Congress specified ratification by state conventions to circumvent potentially dry-leaning legislative bodies, requiring approval by conventions in 36 of the 48 states within seven years.[33] The process accelerated due to shifting public opinion, with organizations like the Association Against the Prohibition Amendment advocating repeal based on empirical evidence of Prohibition's unintended consequences, including a surge in illegal production and consumption estimated at over 1 billion gallons of illicit liquor annually by the early 1930s.[34] Ratification culminated on December 5, 1933, when Utah's convention provided the 36th affirmative vote, immediately nullifying the Eighteenth Amendment and ending the nationwide ban on alcohol production, sale, and transportation that had been in effect since January 17, 1920.[32] President Franklin D. Roosevelt had already prompted early action by signing the Cullen-Harrison Act on March 22, 1933, which legalized low-alcohol beer (up to 3.2% by weight) as a step toward normalization, citing the need for employment in brewing industries amid 25% unemployment rates. The repeal marked the only instance of one constitutional amendment explicitly overturning another, reflecting a pragmatic reversal driven by causal evidence that federal overreach had failed to suppress demand, instead fostering black markets and corruption, as documented in contemporaneous reports from the Department of Justice estimating over 500,000 speakeasies operating nationwide.[35] While the repeal dismantled federal Prohibition, Section 2 of the Twenty-first Amendment granted states concurrent power to regulate alcohol within their borders, including the authority to prohibit importation or transportation of intoxicating liquors, thereby preserving options for dry states to maintain local bans without federal interference.[36] This devolution enabled approximately 38 states—many of which had enacted statewide prohibition before 1919—to transition variably: 26 states legalized full sales by 1934, but others like Mississippi retained total dryness until 1966, Mississippi until 1966, and Kansas until 1949, underscoring how the amendment's structure prioritized state sovereignty over uniform national policy.[3] Empirical data from the era, including Treasury Department records, showed that post-repeal legal alcohol production reached 100 million gallons within months, generating $250 million in federal excise taxes by fiscal year 1934, while reducing crime rates associated with bootlegging by up to 50% in major cities per FBI statistics.[34] This shift laid the groundwork for persistent sub-state dry jurisdictions, as states could delegate further restrictions to counties and municipalities under the new federal framework.[5]Persistence of State-Level Dry Policies
The 21st Amendment, ratified on December 5, 1933, repealed national prohibition while granting states concurrent power over alcohol regulation via Section 2, which explicitly permitted states to enforce their own dry laws without federal interference.[37] This framework allowed several states to retain prohibition-era statutes, delaying full legalization of alcohol sales despite the end of the federal ban.[3] Cultural factors, including strong Protestant and evangelical influences in the South and Midwest, contributed to this resistance, as religious organizations lobbied to preserve moral reforms against perceived social ills like intemperance.[38] Mississippi exemplified the longest persistence of statewide dry policies, maintaining a complete ban on alcohol sales after rejecting legalization in a 1934 referendum and upholding it through legislative inertia until April 1966.[39][40] In that year, voters approved a measure permitting package stores for liquor and wine, though beer sales required separate county referendums, and the state constitution's local option provisions enabled ongoing dry jurisdictions.[41] This repeal followed mounting pressure from economic interests, including tourism and enforcement costs, but dry advocates cited reduced crime and health issues as justification for delay.[42] Other states exhibited partial persistence through phased or restricted repeals. For instance, states like Kansas and Oklahoma initially permitted only low-alcohol "near beer" (3.2% ABV) under post-1933 laws, with full-strength sales legalized later—Kansas in 1948 and Oklahoma in 1959—often via constitutional amendments overriding entrenched dry clauses.[37] In the interim, these policies funneled consumption to bordering "wet" areas, sustaining bootlegging and uneven enforcement.[38] Even in states that legalized statewide sales promptly, persistent dry elements appeared in regulatory structures, such as mandatory state monopolies on distribution in 17 jurisdictions by the mid-20th century, which limited private enterprise and echoed prohibition's control ethos.[10] By the 1940s, most states had transitioned from outright bans to hybrid systems incorporating local options, where counties or municipalities could vote to remain dry, effectively embedding state-level persistence at sub-state levels.[3] This evolution reflected pragmatic compromises, balancing anti-alcohol constituencies with revenue needs, though empirical data from the era showed mixed outcomes: dry states reported lower per capita consumption but higher cross-border smuggling rates compared to wet counterparts.[38]Transition to Local Dry Jurisdictions
Following the ratification of the Twenty-first Amendment on December 5, 1933, which ended national Prohibition, regulatory authority over alcoholic beverages returned to the states under Section 2, empowering them to enforce prohibition or permit sales as they deemed appropriate.[37] Many states, particularly those with entrenched dry traditions from the pre-1920 era, responded by enacting local option laws that devolved decision-making to sub-state levels, such as counties, precincts, or municipalities, through periodic referendums on alcohol sales.[43] This mechanism allowed communities to vote for continued prohibition independently of statewide policy, marking a deliberate shift from uniform state-level dryness to fragmented local jurisdictions and preserving dry areas amid broader legalization.[10] In Southern and Midwestern states with strong Protestant influences, where statewide dry laws had preceded national Prohibition, legislatures prioritized local options to balance wet urban interests against rural dry majorities. For example, Texas voters ratified statewide repeal in August 1935, after which the issue reverted to local elections, enabling counties and precincts to opt dry via voter referendums and resulting in dozens of persistent dry territories by the late 1930s.[44] Similarly, Florida transitioned through legislative reforms between 1928 and 1935, culminating in Governor David Sholtz signing local option bills on May 8, 1933, which empowered counties to hold elections on liquor sales and created a mosaic of wet and dry areas within the state.[45] These provisions often required proactive votes to "go wet," maintaining a default dry status in conservative locales and reflecting compromises forged by temperance advocates who had lost nationally but retained influence locally.[3] The decentralization fostered empirical variation tied to demographic and cultural factors, with dry votes succeeding in rural Bible Belt counties where alcohol was associated with social ills, while urban precincts typically legalized sales for economic reasons. By the end of the 1930s, this framework had solidified, producing over 400 dry counties nationwide—a figure that peaked before gradual erosion through subsequent referendums—primarily in states like Mississippi (which retained statewide controls until 1966 but permitted local dryness) and Kentucky, where local options dated to pre-Prohibition statutes revived post-repeal.[10] This transition underscored causal persistence of prohibitionist sentiments in homogeneous communities, unmitigated by federal uniformity, and established enduring legal structures for local referendums that continue to govern alcohol availability today.[37]Current Landscape
Remaining Dry or Restricted States
No U.S. state maintains complete statewide prohibition on alcohol sales as of 2025, following Mississippi's repeal of its ban on April 23, 1966, which had persisted 33 years after national repeal. Kansas and Tennessee, however, enforce "dry by default" policies rooted in local option laws, prohibiting alcohol sales at county and municipal levels unless voters approve via referendum; this structure, unchanged since the 1930s, enables dry jurisdictions to endure amid broader legalization. In these states, default prohibition applies to distilled spirits and higher-alcohol products, with limited exceptions for lower-ABV beverages like beer in some contexts. Kansas law, governed by the Kansas Liquor Control Act of 1949, bans off-premises liquor sales and on-premises consumption statewide unless a county elects to allow them, resulting in patchy availability: of 105 counties, approximately 20 remain dry for full liquor service as of early 2025, primarily rural. Cereal malt beverages up to 6% ABV face separate, less stringent regulation, permitting broader retail without local votes, but spirits retail requires precinct-level approval, constraining supply chains and fostering bootlegging risks in dry zones. This system prioritizes local sovereignty over uniform access, with urban areas like Johnson County wet since the 1950s. Tennessee's framework, codified in the Local Option Law of 1939, deems all counties dry absent affirmative votes, yielding 14 fully dry counties out of 95 as of 2023—such as Hancock and Scott—where no package sales or bar service occur. Even in wet counties, municipalities retain veto power, and liquor-by-the-drink licenses are capped, with wine and spirits sales restricted to population-based quotas; Moore County, home to Jack Daniel's distillery, exemplifies anomalies by allowing production but banning local retail. These policies sustain cultural holdouts, particularly in Appalachian regions, despite statewide beer sales since 1959. Beyond dry-default mechanics, states like Utah impose severe restrictions via monopoly control: the Utah Department of Alcoholic Beverage Services operates all spirits retail through 50 state stores, levies markups exceeding 85% on liquor, and enforces bar closing at 1 a.m. weekdays, reflecting LDS Church influence on policy since statehood. Pennsylvania similarly channels spirits through 600 state-run "Fine Wine & Good Spirits" outlets, limiting private competition and pricing dynamically to curb consumption, with 2024 revenues topping $4.5 billion. Such control states—17 total—restrict wholesale or retail to regulate volume, contrasting open-market states, though empirical data link them to lower per-capita consumption without eliminating illicit trade.Prevalence of Dry Counties and Municipalities
As of 2024, fewer than 100 counties in the United States remain fully dry, prohibiting all alcohol sales, out of more than 3,000 counties nationwide.[6] These dry counties are concentrated in nine states, primarily in the South, where local option laws allow voters to ban alcohol retail. Arkansas leads with 34 dry counties out of 75 total, representing about 45% of the state.[1][46] Kentucky follows with approximately 15 dry counties, accounting for 11% of its area, while Mississippi, Tennessee, Georgia, and others host smaller numbers, often in rural, religiously conservative regions.[46] Dry municipalities, including cities, towns, precincts, and villages within otherwise wet counties, are more prevalent but vary widely in size and enforcement. A 2004 survey by the National Alcohol Beverage Control Association identified over 500 such dry municipalities, with 83 in Alaska alone, many tied to Native American communities enforcing tribal prohibitions.[47] More recent data is sparse, but dry local jurisdictions persist in states like Texas, where over 200 cities and towns have transitioned from dry status in the past decade, indicating a gradual decline.[3] These areas often impose total bans on packaged alcohol sales, though some permit on-premises consumption in private clubs or restaurants under limited licenses.| State | Approximate Number of Dry Counties | Notes |
|---|---|---|
| Arkansas | 34 | Highest proportion; Sunday sales also restricted statewide.[1] |
| Kentucky | 15 | Concentrated in eastern Appalachian regions.[46] |
| Mississippi | 7-10 | Partial restrictions common alongside full dry areas.[46] |
| Tennessee | 5-7 | Includes notable cases like Moore County (Jack Daniel's exception).[6] |
| Others (GA, KS, etc.) | <5 each | Scattered rural pockets.[48] |