Better than No Beer at All: Legal Roles for 3.2 Beer in the Post-Prohibition Era United States

In March 1933, the United States Congress declared beer up to 3.2 percent alcohol by weight to be “non-intoxicating,” thus allowing it to be produced and sold while the nation was still under the 18th Amendment’s ban of intoxicating liquors. Brewers had long argued that beer was a temperance beverage that should be regulated with a lighter touch than harder liquor. In fact, the declaration that 3.2 beer was non-intoxicating opened several markets that would otherwise have been closed to brewers. In the decades that followed Repeal, 3.2 beer continued to be treated differently than stronger alcohol with respect to who, when, where, and how it was legally available. This paper explores the important—and continuing—role that 3.2 beer has played in the post-Prohibition United States.