Current with changes from the 2024 Legislative Session
Section 21-903 - [See Note] Consumption of alcoholic beverages while driving on highway(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; or2. 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; or3. 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.(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.(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.(d) Notwithstanding § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages Article, or any other provision of law, the prohibition contained in this section applies throughout the State.Amended by 2022 Md. Laws, Ch. 26, Sec. 6, eff. 7/1/2023 contingent on the ratification by the voters of 2022 Md. Laws, Ch. 45..Amended by 2016 Md. Laws, Ch. 228, Sec. 1, eff. 7/1/2016.This section is set out more than once due to postponed, multiple, or conflicting amendments.