Bone-Dry Laws (Highly Restrictive Alcohol Prohibition Laws)

Many states had their own state-wide alcohol prohibition before National Prohibition (1920-1933). Many of these laws were much more restrictive than National Prohibition. As a result, people called them bone-dry laws.

Other states passed bone-dry laws in frustration after finding that National Prohibition was failing.

Oklahoma Bone-Dry Law Passed Before Prohibition

bone-dry lawsOklahoma established state-wide prohibition in 1907, which was before National Prohibition. Its bone-dry law was passed nearly unanimously in 1917. It permitted the use of alcohol by hospitals, pharmacists, universities, and scientific institutions.

However, it did not permit its consumption for religious purposes. Violations of the law carried a penalty of up to five hundred dollars in fines and six months imprisonment. $500 was a very large fine then. The typical industrial worker made about $1,000 per year.

Sacramental Wine

Also visit Prohibition Trivia. It’s fun!

The prohibition against the use of alcohol for sacramental purposes was successfully challenged in 1918. The Roman Catholic Church brought the case. It was De Hasque v. Atchison, Topeka and Santa Fe Railway Company.

The law was further weakened the same year. That’s when a court ruled that people could possess alcohol not received from a common carrier. However, the bone-dry law was in effect until Oklahoma repealed its prohibition in 1959.

Indiana Bone-Dry Law Passed During Prohibition

The Volstead Act implemented National Prohibition. It permitted the purchase of alcohol for religious purposes and when prescribed by a doctor. It also permitted drinking alcohol under other circumstances specified by law. However, that wasn’t strong enough for some states.

Indiana’s bone-dry law dramatically increased the punishments for violations of Prohibition. It also banned the use of alcohol for medicinal, religious, or any other reasons.

Medicinal Alcohol

This led the president of the Indiana State Medical Association to denounce the ban for medicinal use. It was “unjust, unnecessary, contrary to public policy, a violation of a basic principle and a direct insult to the medical profession.”

The Wright Bone Dry law passed in 1925. It “criminalized possession of empty bottles or kegs that had contained liquor. Even the odor of alcohol lingering in a container was evidence enough to be arrested. First-time violators received thirty-day jail sentences.”1

The governor of the state created a scandal. He had illegally obtained medicinal alcohol for his wife, who was seriously ill.

Many other states passed bone-dry laws in a futile attempt to enforce Prohibition. However, its serious failures led to Repeal.

Readings on Bone-dry Laws

Alaska “Bone Dry” Law and Kindred Acts. Territory of Alaska: Governor’s Office, 1918.

Bowman, E. “Bone dry” Law: (House Bill 39). Bismark: ND Leg Assem, 1917.

“Bone Dry” act. Mich Law Rev 1918, 16(5), 386-387.

Graves, J. The Reed “bone-dry” amendment. Virg Law Rev, May, 1917, 4(8), 634-642.

1927: ‘Bone-Dry’ Law Denounced: In Our Pages:100, 75 and 50 years ago. New York Times, Oct 15, 2002.

Bone-dry law. In Everett, D. et al. Encyclopedia of Oklahoma History and Culture. Oklahoma City: Ok Hist Soc, 2009.

On the sauce: Understanding Indiana’s blue laws. Indianapolis Star, Oct 8, 2008.

Seibold, L. Nation-wide blow to dry movement in Virginia’s vote. NY: New York World, 1917.

Reference for Bone-Dry Laws

Madison, J. et al. Hoosiers and the American Story. Indianapolis: Ind Hist Soc, 2014, p. 203.