Alcohol laws of Maryland

Alcohol laws of Maryland vary considerably by county, due to the wide latitude of home rule granted to Maryland counties.

State laws

Underage possession, consumption, and furnishing

It is illegal under state law for a person under the age of 21 to possess or consume an alcoholic beverage.[1]

It is illegal to purchase alcohol for someone under age 21 so that the underage person may drink it.[2]

It is illegal for an adult to knowingly and willfully allow an individual under age 21 to possess or drink an alcoholic beverage at a home where the adult lives, rents, or owns.[3] There are a few exceptions:

  • It is legal if the adult and underage person are members of the same immediate family and the alcoholic beverage is provided and is consumed in the adult's home or the land immediately surrounding the home.[4]
  • It is legal if the adult and the underage person are participants in a religious ceremony.[5]
  • It is legal if the adult is an instructor teaching a course or program in wine-making, fermenting, brewing, or hospitality and tourism at a post-secondary educational institution; the adult remains in control of the alcoholic beverage; the underage person is enrolled in the class; the underage person is at least age 18; and the underage person tastes and then spits out the alcoholic beverage.[6][7]

It is a separate offense for an underage person to misrepresent age for the purpose of obtaining alcohol.[8] It is also a separate offence for an underage person to possess any sort of card or document that falsely identifies the underage person's age.[9] 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.[10]

Employment

A person must be at least 21 years old to be employed to serve alcoholic beverages or sell alcoholic beverages, although some counties have different laws.[11]

A person must be at least 18 years old to work in another capacity at an establishment that serves alcohol.[12] If the business serves alcohol and food service is not the primary focus of the business, then the minimum age to work there is 21.[13]

Open containers

State law prohibits open containers with any amount of alcohol within the passenger area of a motor vehicle.[14] 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.[15] The driver is also shielded from prosecution if it is based solely on another occupant of the vehicle having an open container.[16]

The law defines an open container to be a container that is open, or whose seal is broken, or that has had some of its contents removed.[17]

The law defines the passenger area as an area that "is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions."[18] The law states that certain areas are not part of the passenger area, such as "a locked glove compartment; the trunk of a motor vehicle; or 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."[19]

Like underage possession above, violation of the open container law is a civil offense.[20]

Taxation

In July 2011, Maryland's taxation of alcohol was increased for the first time since the 1970s, from 6 percent to 9 percent.[21] The tax is applied at the consumer level, appearing as a line-item on the customer's receipt.[21]

County laws

County Alcoholic beverage control county Alcohol sale hours Grocery Store Sales
Beer Wine Spirits On-premises Off-premises Beer Wine Spirits
Allegany County No 24hrs at Rocky Gap Casino Only[a] 7 a.m. – 2 a.m., Monday – Saturday.
11 a.m. – 12 a.m. Sunday.
No
Anne Arundel County No 6 a.m. - 2 a.m. No
Baltimore City No 6 a.m. – 2 a.m.[b][c] 6 a.m. – 12 a.m. (Monday – Saturday)[d][e] No
Baltimore County No 6 a.m. – 2 a.m.[f] 6 a.m. – 12 a.m. Monday – Saturday.[g] No
Calvert County No Follows state law. No
Caroline County No Unknown Yes
Carroll County No 8 a.m. – 11 p.m. Monday – Saturday
11 a.m. – 11 p.m. Sunday.[h]
No
Cecil County No 6 a.m. – 2 a.m. Monday – Saturday.
10 a.m. – 11 p.m. Sunday.[i]
6 a.m. – 2 a.m. Monday – Saturday.
8 a.m. – 11 p.m. Sunday.[i]
Rarely
Charles County No Unknown No
Dorchester County No Unknown No
Frederick County No 6 a.m. – 2 a.m. Monday – Saturday.
11 a.m. – 2 a.m. Sunday.[25][j]
No
Garrett County No Unknown Unknown
Harford County No 8 a.m. – 2 a.m. No
Howard County No Unknown No
Kent County No Unknown Unknown
Montgomery County Yes Restaurants or taverns selling beer and/or wine: 9 a.m. – 2 a.m.
Restaurants or taverns selling beer, wine, and liquor: 9 a.m.–2 a.m. Sun–Thu, 9 a.m.–3 a.m. Fri–Sat.[26]
If selling beer and/or wine: 6 a.m.–1 a.m.[26]
If selling spirits: 10 a.m.–9 p.m. Mon–Sat, 12 noon–5 p.m. Sun.[27]
No (some grandfathered in)[28][k]
Prince George's County No Retail: 6 a.m. – 2 a.m., except Sunday.
Bars: 6 a.m. – 2 a.m.[l]
Beer and wine.[m]
Queen Anne's County No Unknown No
Saint Mary's County No 6 a.m. - 2 a.m., including Sundays All yes
Somerset County Yes Unknown Unknown
Talbot County No Unknown Yes
Washington County No Unknown No
Wicomico County Yes Unknown Yes
Worcester County Yes Unknown Yes

History

Prior to 1973, the minimum age to buy or possess alcoholic beverages was 21 years old. In 1973, the minimum age was decreased to 18 years old in Montgomery County and Prince George's County. On July 1, 1974, the minimum age was decreased to 18 years old for the entire state.[30] In 1982,[31] the minimum age was increased to 21 years old but with a grandfather clause which allowed those who had already turned 18 (born June 30, 1964 or earlier) to consume beer and wine.[32][33]

See also

Notes

  1. ^ Restaurants may sell alcoholic beverages 1 p.m. – 2 a.m. on Sunday.
  2. ^ 6 a.m. – 1 a.m. for 6-day tavern licenses.[22]
  3. ^ No Sunday sales, except for those Sundays between Thanksgiving and New Years upon issuance of special license.[22]
  4. ^ Class BD-7 licensees may sell alcohol for off-site consumption 6 a.m. – 2 a.m.[22]
  5. ^ No Sunday sales, except for those Sundays between Thanksgiving and New Years upon issuance of special license.[22]
  6. ^ 6 a.m. – 1 a.m. (for Class D beer/wine licenses).
  7. ^ No off-premises Sunday sales, except for the Sunday preceding Christmas Day and the Sunday preceding New Year's Eve, between 7 a.m. – 9 p.m.[23]
  8. ^ No retail off-premises store may be larger than 10,000 square feet (930 m2).[24]
  9. ^ a b One liquor license per store/corporation.
  10. ^ An off-premises license may not be issued to any franchised establishment.[25]
  11. ^ In Montgomery County, six grocery chains — Giant Food, Safeway, Shoppers Food & Pharmacy, Magruder's, Bestway Supermercado, and 7-Eleven — and one independent grocery store - Snider's Foods - received an exception from the state law that bans grocery stores from selling beer and wine under a grandfather clause.[29] These seven stores are allowed to have one location that sells beer and wine in Montgomery County: Giant's New Hampshire Avenue store in the White Oak neighborhood of Silver Spring, Safeway in Olney, Shoppers in Germantown, Magruder's in Gaithersburg (NOTE: all Maryland Magruder's locations were closed in 2013), Bestway Supermercado in the Long Branch neighborhood of Silver Spring, Snider's Foods in the Woodside neighborhood of Silver Spring, and 7-Eleven's store on Georgia Avenue in Aspen Hill.[29] 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.[29]
  12. ^ Bars that feature live entertainment may serve alcohol until 3 a.m. Friday and Saturday nights.
  13. ^ Each corporation may sell beer and wine at only one location. The Shoppers in College Park and the Giant in Lanham are two examples.

References

  1. ^ "Criminal Law §10–114(a)". Maryland General Assembly. Retrieved April 28, 2025.
  2. ^ "MD Criminal Law Code § 10-117(a) (2024)". Justia Retrieved February 19, 2026.
  3. ^ "MD Criminal Law Code § 10-117(b) (2024)". Justia Retrieved February 19, 2026.
  4. ^ "MD Criminal Law Code § 10-117(c)(i)(1) (2024)". Justia Retrieved February 19, 2026.
  5. ^ "MD Criminal Law Code § 10-117(c)(i)(2) (2024)". Justia Retrieved February 19, 2026.
  6. ^ "MD Criminal Law Code § 10-117(c)(i)(2) (2024)". Justia Retrieved February 19, 2026.
  7. ^ "Maryland Code, Alcoholic Beverages and Cannabis § 1-411". FindLaw. Retrieved February 19, 2026.
  8. ^ "Criminal Code § 10-113: Misrepresentation of age". General Assembly of Maryland. Retrieved July 17, 2020.
  9. ^ "Criminal Code § 10-115: False documentation". General Assembly of Maryland. Retrieved July 17, 2020.
  10. ^ "Criminal Code § 10-119: Citation". General Assembly of Maryland. Retrieved July 17, 2020.
  11. ^ "What is the age limit for a person to serve and sell alcohol in a retail alcohol beverage establishment?" Maryland Alcohol, Tobacco, and Cannabis Commission. July 24, 2024.
  12. ^ "MD Alcoholic Beverages and Cannabis Code § 3-503(a) (2024)". Justia. Retrieved February 19, 2026.
  13. ^ "MD Alcoholic Beverages and Cannabis Code § 3-503(2) (2024)". Justia. Retrieved February 19, 2026.
  14. ^ "MD Criminal Law Code § 10-125(a) (2024)". Justia. Retrieved February 19, 2026.
  15. ^ "MD Criminal Law Code § 10-125(c) (2024)". Justia. Retrieved February 19, 2026.
  16. ^ "MD Criminal Law Code § 10-125(2) (2024)". Justia. Retrieved February 19, 2026.
  17. ^ "MD Criminal Law Code § 10-123(j) (2024)". Justia. Retrieved February 19, 2026.
  18. ^ "MD Transportation Code § 21-903(4)(i) (2024)". Justia. Retrieved February 19, 2026.
  19. ^ "MD Transportation Code § 21-903(4)(ii) (2024)". Justia. Retrieved February 19, 2026.
  20. ^ "MD Criminal Law Code § 10-126 (2024)". Justia. Retrieved February 19, 2026.
  21. ^ a b Nathans, Aaron (July 9, 2011). "Del. package stores hope to benefit from Md. tax". The News Journal (New Castle, Delaware). Archived from the original on July 11, 2011.
  22. ^ a b c d "Alcoholic Beverages Rules and Regulations for the Board of Liquor License Commissioners for Baltimore City" (PDF). City of Baltimore. Retrieved 14 December 2022.
  23. ^ "Liquor Board Rules and Regulations". Baltimore County Board of Liquor License Commissioners. 19 September 2011. Retrieved 7 April 2013.
  24. ^ "Liquor Board Rules and Regulations" (PDF). Carroll County Board of Liquor License Commissioners. Archived from the original (PDF) on 21 February 2015. Retrieved 29 August 2014.
  25. ^ a b "Alcoholic Beverage Regulations" (PDF). Frederick County Liquor Board. 2009. Archived from the original (PDF) on March 14, 2016. Retrieved May 5, 2015.
  26. ^ a b "Applying For a New or Transfer Annual Alcohol Beverage License in Montgomery County, MD". Division of Licensure, Regulation and Education. Montgomery County Alcohol Beverage Services. July 2024.
  27. ^ "Store Hours and Locations". Montgomery County Alcohol Beverage Services. Retrieved April 27, 2025.
  28. ^ "Frequently Asked Questions". Montgomery County Department of Liquor Control. 2008-07-11. Archived from the original on 3 October 2009. Retrieved 2009-09-06.
  29. ^ a b c Kristi Tousignant. "Briggs Chaney Will Lose Beer and Wine Sales at Grocery". Archived 2015-04-02 at the Wayback Machine The Gazette. 25 January 2012. Retrieved 20 April 2013.
  30. ^ "Beer At Drive-In, Bourbon After Dance Are Back". Baltimore Evening Sun. December 2, 1974. p. C4.
  31. ^ "Newspaper Archive". Cumberland News. June 30, 1982. Retrieved September 30, 2018.
  32. ^ Richburg, Keith (March 11, 1982). "Md. Senate Votes 21 as Drinking Age". The Washington Post. Retrieved September 29, 2018.
  33. ^ "Grandfathered Teen-agers". The Washington Post. July 3, 1982. Retrieved September 28, 2018.