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§ 10-114. Underage possession

West's Annotated Code of MarylandCriminal LawEffective: July 1, 2016

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 1. Crimes Against Public Health and Safety
Part II. Alcoholic Beverage Violations (Refs & Annos)
Effective: July 1, 2016
MD Code, Criminal Law, § 10-114
Formerly cited as MD CODE Art. 27, § 400A
§ 10-114. Underage possession
Possession and consumption of alcoholic beverages prohibited
(a) Except as provided in subsection (b)(1) of this section, and subject to subsection (b)(2) of this section, an individual under the age of 21 years may not:
(1) possess or have under the individual's charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in § 1-101 of the Alcoholic Beverages Article and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual's employment and during regular working hours; or
(2) consume an alcoholic beverage.
Exceptions
(b)(1) The prohibitions set forth in subsection (a)(1) and (2) of this section do not apply if:
(i) 1. an adult furnishes the alcoholic beverage to the individual or allows the individual to possess or consume the alcoholic beverage;
2. the individual possessing or consuming the alcoholic beverage and the adult who furnished the alcoholic beverage to the individual or allowed the individual to possess or consume the alcoholic beverage are members of the same immediate family; and
3. the alcoholic beverage is furnished and consumed in a private residence of the adult or within the curtilage of the residence; or
(ii) the individual consumes the alcoholic beverage as a participant in a religious ceremony.
(2) An individual may not be stopped on suspicion of a violation of subsection (a)(2) of this section or charged with a violation of subsection (a)(2) of this section unless the individual is observed in possession of an alcoholic beverage.

Credits

Added as Art. 2B, § 22-102, by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Transferred to Criminal Law § 10-114 by Acts 2002, c. 213, § 1, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2009, c. 499, § 1, eff. Oct. 1, 2009; Acts 2016, c. 228, § 1, eff. July 1, 2016.
Formerly Art. 27, § 400A.
MD Code, Criminal Law, § 10-114, MD CRIM LAW § 10-114
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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