Attorney General Opinions and Advisory Letters

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Opinion No. 18-2107

July 11, 1918

BY: HARRY L. PATTON, Attorney General

TO: Mr. L. Gros, Bernalillo, New Mexico.

Wine May Be Sold for Sacramental Purposes.


I am in receipt of your letter of the 9th inst., in which you say that for many years you have been making and supplying many of the priests in this state with wine to be used for sacramental purposes. You ask whether or not since the adoption of the prohibition amendment to the Constitution you will be permitted to continue the sale of wine for such purposes.

The amendment referred to prohibits the sale of wines, as well as other liquors, within the State, after October 1st, of this year. The amendment, however, provides that nothing therein shall be held to apply to "wines, when intended and used for sacramental purposes only." I am of the opinion that the sale of wines within the State, is not prohibited, "when intended and used for sacramental purposes only."

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.