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§ 10-125. Prohibited conduct

West's Annotated Code of MarylandCriminal LawEffective: July 1, 2023

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 III. Alcoholic Beverage Consumption or Possession of Open Container in Passenger Area of Motor Vehicle (Refs & Annos)
Effective: July 1, 2023
MD Code, Criminal Law, § 10-125
§ 10-125. Prohibited conduct
Currentness
Possession of open container
(a)(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.
Consumption of alcoholic beverages
(b)(1) This subsection does not apply to the driver of a motor vehicle.
(2) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(3) An occupant of a motor vehicle may not smoke cannabis in a passenger area of a motor vehicle on a highway.
Exceptions
(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in:
(1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including:
(i) a bus;
(ii) a taxicab; or
(iii) a limousine; or
(2) the living quarters of a motor home, motor coach, or recreational vehicle.
Statewide application
(d) Notwithstanding § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibitions contained in this section apply throughout the State.
Moving violations; traffic violations
(e) A violation of this section is not:
(1) a moving violation for the purposes of § 16-402 of the Transportation Article; or
(2) a traffic violation for the purposes of the Maryland Vehicle Law.

Credits

Added by Acts 2002, c. 108, § 1, eff. Sept. 30, 2002; Acts 2002, c. 109, § 1, eff. Sept. 30, 2002. Amended by Acts 2006, c. 127, § 1, eff. July 1, 2006; Acts 2016, c. 228, § 1, eff. July 1, 2016; Acts 2022, c. 26, § 6, eff. July 1, 2023; Acts 2023, c. 49, § 6.
MD Code, Criminal Law, § 10-125, MD CRIM LAW § 10-125
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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