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18 U.S.C. § 1156 — Intoxicants possessed unlawfully
Federal law — U.S. Code and appendices · legal_authorities
Whoever, except for scientific, sacramental, medicinal or mechanical purposes, possesses intoxicating liquors in the Indian country or where the introduction is prohibited by treaty or an Act of Congress, shall, for the first offense, be fined under this title or imprisoned not more than one year, or both; and, for each subsequent offense, be fined under this title or imprisoned not more than five years, or both.
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Source location: Title 18, Chapter 53, § 1156; chapter-053-indians.md
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Whoever, except for scientific, sacramental, medicinal or mechanical purposes, possesses intoxicating liquors in the Indian country or where the introduction is prohibited by treaty or an Act of Congress, shall, for the first offense, be fined under this title or imprisoned not more than one year, or both; and, for each subsequent offense, be fined under this title or imprisoned not more than five years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever sells, gives away, disposes of, exchanges, or barters any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, except for scientific, sacramental, medicinal or mechanical purposes, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom an allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and whoever introduces or attempts to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall, for the first offense, be fined under this title or imprisoned not more than one year, or both; and, for each subsequent offense, be fined under this title or imprisoned not more than five years, or both.
**(b)** It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the Department of the Army or any officer duly authorized thereunto by the Department of the Army, but this subsection shall not bar the prosecution of any officer, soldier, sutler or storekeeper, attaché, or employee of the Army of the United States who barters, donates, or furnishes in any manner whatsoever liquors, beer, or any intoxicating beverage whatsoever
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Federal law — U.S. Code and appendices · legal_authorities
Whoever imports, brings, or transports any intoxicating liquor into any State, Territory, District, or Possession in which all sales, except for scientific, sacramental, medicinal, or mechanical purposes, of intoxicating liquor containing more than 4 per centum of alcohol by volume or 3.2 per centum of alcohol by weight are prohibited, otherwise than in the course of continuous interstate transportation through such State, Territory, District, or Possession or attempts so to do, or assists in so doing,
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 241, R.S. § 2139; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; June 15, 1938, ch. 435, § 1, 52 Stat. 696, related to sale of intoxicating liquor. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure.
Section 241a, act Mar. 1, 1895, ch. 145, § 8, 28 Stat. 697, related to punishment for sale of intoxicating liquors. See [section 1155 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1155&num=0&edition=prelim).
Section 242, acts Mar. 2, 1917, ch. 146, § 17, 39 Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302, related to manufacture and sale of alcohol in Osage County, Oklahoma. See [section 1154 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1154&num=0&edition=prelim).
Section 243, R.S. § 2139, act July 23, 1892, ch. 234, 27 Stat. 261, related to complaints, arrests, and convictions. See [section 3041 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), and rule 5 of Title 18, Appendix.
Section 244, acts May 25, 1918, ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat. 4, related to possession of intoxicating liquor in Indian country. See [section 1156 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1156&num=0&edition=prelim).
Section 244a, act Mar. 5, 1934, ch. 43, 48 Stat. 396, related to repeal of certain liquor laws affecting former Indian Territory now a part of Oklahoma. See sections 1154 to 1156 of Title 18.
Section 245, act May 18, 1916, ch. 125, § 1, 39 Stat. 124, related to possession of intoxicating liquor as prima facie evidence of unlawful production. See sections 3113 and 3488
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Federal law — U.S. Code and appendices · legal_authorities
Page 347
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1156
cluded from the Indian liquor laws lands outside res-
ervations where the land was no longer held by Indians
under a trust patent or a deed or patent containing re-
strictions against alienation. Such enactment was
prior to the June 15, 1938, amendment of section 241 of
title 25, U.S.C., 1940 ed., Indians, in which the term ‘‘In-
dian country’’ was defined as including allotments
where the title was held in trust by the Government or
where it was inalienable without the consent of the
United States. This provision, by implication, excluded
cases where there was no trust or restriction on alien-
ation and thereby achieved the same result as section
254 of title 25, U.S.C., 1940 ed., Indians. That amend-
ment also repealed the act of Jan. 30, 1897, referred to
in section 254 of title 25, U.S.C., 1940 ed., Indians. Inso-
far as the reference in section 254 of said title to ‘‘spe-
cial Indian liquor laws’’ included section 244 of title 25,
U.S.C., 1940 ed., Indians, the definition of Indian coun-
try in section 1151 of this title covers section 254 of
title 25, U.S.C., 1940 ed., Indians.
Words ‘‘or agent’’ were deleted as there have been no
Indian agents since 1908. See section 64 of title 25,
U.S.C., 1940 ed., Indians, and note thereunder.
Mandatory punishment provisions were rephrased in
the alternative and provision for commitment for non-
payment of fine was deleted. This change was also rec-
ommended by United States District Judge T. Blake
Kennedy on the ground that, otherwise, section would
be practically meaningless since, in most cases, offend-
ers cannot pay a fine.
The exception of intoxicating liquor for scientific,
sacramental, medicinal or mechanical purposes was in-
serted for the same
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