The 21st Amendment Explained

The 21st Amendment is part of the U.S. Constitution and ended the Prohibition by repealing the 18th Amendment and returned authority over alcoholic beverages to the states.

"The eighteenth article of amendment to the Constitution of the United States is hereby repealed..."

Who Does the Twenty-First Amendment Affect?

The Federal Government

The Federal Government must follow the repeal of the 18th Amendment and may continue to regulate alcoholic beverages under its constitutional powers.

State Governments

State Governments have authority to regulate the transportation and importation of alcoholic beverages within their states.

The People

People may legally have and consume alcoholic beverages where allowed by federal and state law.

Private Businesses and Organizations

Businesses that manufacture, sell, or transport alcoholic beverages must follow federal, state, and local alcohol laws.

What Does the Twenty-First Amendment Do?

Section 1

Repeals the 18th Amendment and ends nationwide Prohibition.

Section 2

Allows states to control alcohol being brought into their state when it goes against state law.

Section 3

Required three fourths of the states to approve the amendment through state conventions within seven years.

How Does the Twenty-First Amendment Work?

The amendment removed the 18th Amendment from the Constitution. States then regained greater authority to determine how alcoholic beverages could be manufactured, sold, transported, and distributed within their borders.

The 21st Amendment allows each state to create its own alcohol laws:

1. Minimum drinking age
2. Where alcohol can be sold
3. Hours when alcohol can be sold
4. Licensing requirements for businesses that sell alcohol

Where Does the Twenty-First Amendment Apply?

Alcoholic Beverages

It governs constitutional rules surrounding alcoholic beverages.

State Alcohol Laws

States can regulate the transportation and importation of alcoholic beverages into their states.

Businesses

Alcohol manufacturers, distributors, retailers, restaurants, and other businesses must follow applicable alcohol laws.

Why Was the Twenty-First Amendment Established?

The amendment was established because Prohibition was difficult to enforce and contributed to illegal alcohol markets. Congress and the states decided to end Prohibition and give states greater control over alcohol regulation.

When Was the Twenty-First Amendment Approved?

The 21st Amendment was proposed by Congress on February 20, 1933, and approved by the states on December 5, 1933, about 9 months later.