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What are the open container laws in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Maryland's open container framework lives across multiple code sections; the practical rule is straightforward: no open alcohol in the passenger area of a moving or parked vehicle on a public road.

1. Statutory Rules

  • Md. Code, Transp. § 21-903(a): A person may not drink an alcoholic beverage in a passenger area of a motor vehicle on a highway, or in any passenger area of a motor vehicle in a parking lot generally open to the public.
  • Md. Code, Transp. § 21-903(b): A person may not possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a highway.

    • 2. Penalty

  • Civil offense — fine up to $530.
  • No license points typically assessed for the open container offense itself.
  • Conviction record not classified as criminal but appears on MVA driving record.

    • 3. Definitions

  • "Open container" = bottle, can, or other receptacle that has been opened or has a broken seal.
  • "Passenger area" = area designed to seat the driver and passengers, plus any unlocked storage. Excludes trunk and area behind the rearmost upright seat in a vehicle without a trunk.

    • 4. Driver vs Passenger

    Both can be cited. The statute applies to "a person" — operator or occupant.

    5. Exemptions

  • Trunk or behind rearmost upright seat.
  • Living quarters of a motorhome.
  • Passenger in a bus, taxicab, limousine, or for-hire motor vehicle with a hired driver.

    • 6. Public Consumption

  • No statewide ban; regulated by county and municipality.
  • Baltimore City (Health Code § 19-301): public consumption prohibited, fine up to $100.
  • Ocean City: alcohol prohibited on the beach, boardwalk, and streets from May–September; $1,000 max fine, possible arrest.
  • Annapolis: similar restrictions, especially during sailing/boat shows.

    • 7. Designated Entertainment Areas

    Limited; some Frederick County and Howard County events have temporary open-carriage permits but no statewide social-district statute.

    8. Tailgating

    M&T Bank Stadium (Ravens) and Oriole Park parking lots permit open container in tailgate areas under team/lot policies, but vehicles on public streets remain subject to § 21-903.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI/DWI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • Md. Code, Transp. § 21-903
    • Md. Code, Crim. Law § 10-126

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.