Alcohol laws of Maryland vary considerably by county, due to the wide latitude of home rule granted to Maryland counties.
Video Alcohol laws of Maryland
State laws
Underage possession and consumption
It is illegal under state law for a person under the age of 21 to possess or consume an alcoholic beverage, but the law contains several exceptions:
- Underage individuals who are employees of businesses that hold a valid state-issued liquor license may possess (but not consume) alcohol in the course of their job during regular business hours. Common examples are serving alcoholic drinks to customers of a restaurant, making deliveries for a catering company, and stocking shelves at a store that sells alcohol.
- Alcohol may be possessed or consumed by an underage person in a private residence so long as it is furnished or allowed by a member of that person's immediate family (typically a parent).
- Alcohol may be consumed as part of a religious ceremony, such as the Roman Catholic or Episcopal Communion rite.
It is a separate offense for an underage person to misrepresent age for the purpose of obtaining alcohol, or to possess any sort of card or document that falsely identifies the person's age. An underage person who illegally possesses alcohol or false identification is subject to a citation rather than arrest, and the event is considered a civil offense, meaning that it does not count as a criminal conviction and cannot result in imprisonment in and of itself. This is because the reason for the drinking age in the first place is that the law does not consider individuals under 21 to be responsible enough to consume alcohol unsupervised; therefore holding them fully criminally responsible would be paradoxical.
Furnishing alcohol to underage persons
Except for the specific exempt circumstances provided in Maryland law, it is also illegal for anyone to purchase alcohol for someone under 21, or to give it to them. Maryland alcohol laws require that the defendant knew the person was under 21, and purchased or furnished alcohol for that underage person to consume. In addition, it is also illegal for an adult who owns or leases property, and lives at that property, to knowingly and willfully allow anyone under 21 to consume alcohol there, unless they are members of the same immediate family. This law does not necessarily make homeowners criminally responsible for any illegal drinking at their residence, unless they were both aware of it and intentionally allowed it to happen.
Open Containers
State law prohibits open containers with any amount of alcohol within the passenger area of a motor vehicle. Passengers of a vehicle are similarly prohibited from consuming alcohol in the passenger area, but the law provides exceptions for non-drivers in the back of hired vehicles such as taxis, limousines, and buses, as well as in the living areas of motor homes. The driver is also shielded from prosecution if it is based solely on another occupant of the vehicle having an open container. This law only considers certain parts of a vehicle to be the "passenger area," and excludes locked glove compartment, trunks, and the area behind the rear-most seats if the vehicle has no trunk (such as those commonly found in vans and SUVs). Like underage possession above, violation of the open container law is a civil offense.
Taxation
In July 2011, Maryland's taxation of alcohol was increased for the first time since the 1970s, from 6 percent to 9 percent. This taxation is applied at the consumer level, appearing as a line-item on the customer's receipt.
Maps Alcohol laws of Maryland
County laws
Note: Five Montgomery County grocery chains -- Giant Food, Safeway, Shoppers Food & Pharmacy, Magruder's, and 7-Eleven -- received an exception from the state law that bans grocery stores from selling beer and wine under a grandfather clause. These five are allowed to have one location that sells beer and wine in Montgomery County: Giant's New Hampshire Avenue store in Silver Spring, Safeway in Olney, Shoppers in Germantown, Magruder's in Gaithersburg (NOTE: all Maryland Magruder's locations were closed in 2013), and 7-Eleven's store on Georgia Avenue in Aspen Hill. These licenses can be transferred to any of the chain's other locations in Montgomery County subject to approval by the county Board of License Commissioners.
See also
- Drug policy of Maryland
References
Source of article : Wikipedia
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