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§ 21-903. Drivers prohibited from consuming alcoholic beverages, or smoking or consuming cannab...

West's Annotated Code of MarylandTransportationEffective: July 1, 2023

West's Annotated Code of Maryland
Transportation
Title 21. Vehicle Laws--Rules of the Road (Refs & Annos)
Subtitle 9. Reckless, Negligent, or Impaired Driving; Fleeing or Eluding Police (Refs & Annos)
Effective: July 1, 2023
MD Code, Transportation, § 21-903
§ 21-903. Drivers prohibited from consuming alcoholic beverages, or smoking or consuming cannabis while driving
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
(3) “Cannabis” has the meaning stated in § 5-101 of the Criminal Law Article.
(4)(i) “Passenger area” means an area that:
1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or
2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.
(ii) “Passenger area” does not include:
1. A locked glove compartment;
2. The trunk of a motor vehicle; or
3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.
Application of section
(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.
Drivers prohibited from consuming alcoholic beverages, or smoke or consume cannabis while driving
(c) A driver of a motor vehicle may not consume an alcoholic beverage, or smoke or consume cannabis, in a passenger area of a motor vehicle on a highway.
Application of section throughout State
(d) Notwithstanding § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibition contained in this section applies throughout the State.

Credits

Added by Acts 1985, c. 504. Amended by Acts 2002, c. 108, § 1, eff. Sept. 30, 2002; Acts 2002, c. 109, § 1, eff. Sept. 30, 2002; 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, Transportation, § 21-903, MD TRANS § 21-903
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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