Mississippi Code

Miss. Code Ann. § 67-1-3 (2026)

Prohibition reannounced as law of State; exception as to possession of alcoholic beverages

✓ current as of July 2026

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The policy of this state is reannounced in favor of prohibition of the manufacture, sale, distribution, and transportation of alcoholic beverages; and the provisions against such manufacture, sale, distribution, and transportation of alcoholic beverages, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state. The purpose and intent of this article is to vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this article, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this article. However, from and after January 1, 2021, prohibition is renounced as to the possession of alcoholic beverages. It shall thereafter be lawful to possess alcoholic beverages throughout the state, unless otherwise prohibited in this article. Nothing herein shall be construed to make lawful the possession of alcoholic beverages with the intent to sell except as authorized under this article.

All laws and parts of laws in conflict with this article are repealed only to the extent of such conflict; however, except as is provided in this article, all laws prohibiting the manufacture, sale, and distribution of alcoholic beverages, which are not in conflict with this article shall remain in full force and effect, and all such laws shall remain in full force and effect in counties and municipalities wherein the manufacture, sale, and distribution of alcoholic beverages has not been authorized as a result of an election held under Section 67-1-11 or Section 67-1-14, Mississippi Code of 1972, or as otherwise provided in this article.

Codes, 1942, §§ 10265-01, 10265-36; Laws, 1966, §§ 1, 36; Laws, 1990, ch. 569, § 2, eff. 4/9/1990.

Amended by Laws, 2020, ch. 423, HB 1087,§ 1, eff. 7/1/2020.

Notes of Decisions

Cited in 2 cases, 1983–1986 · leading case: Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986).

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Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986). · cites it 2× “(Emphasis added) Miss. Code Ann. § 67-1-3 (1972). We are of the opinion that such strict regulation and supervision of the sale of intoxicating beverages was legislatively mandated, at least in part, for the protection of those persons who happen to be members of the classes…”

Lamar Outdoor Advert., Inc. v. Mississippi State Tax Comm'n, 701 F.2d 314 (5th Cir. 1983). · cites it 2× “Miss.Code Ann. §§ 67-1-3; 67-1-7 (1972). If by majority vote of its electors a county or judicial district votes to withdraw from state-wide prohibition, then, *317 subject to the “provisions and restrictions” of the Local Option Law, “possession and transportation” of liquor…”

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