Maryland Open Container Law (2026): Statute and Penalty

Maryland bans possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway for every occupant, including the driver, and separately bans passengers, but not the driver, from drinking there, under Md. Code Ann., Criminal Law § 10-125; a driver's own drinking is banned outright by a parallel provision, Transportation Article § 21-903(c). As of September 2026, that citation was confirmed against Maryland's own official code site.

Jurisdiction scope: This article addresses Maryland's state open container law, covering driver and passenger possession and consumption, under Md. Code Ann., Criminal Law § 10-125. It does not address DUI charges. For Maryland's separate DUI penalties, see Maryland DUI laws.

What Maryland's Open Container Law Prohibits

Maryland's statute splits the ban across two adjoining subsections, and the two subsections do not reach the same people. Subsection (a) prohibits any occupant, including the driver, from possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway. Subsection (b) is narrower: (b)(1) states, "This subsection does not apply to the driver of a motor vehicle," and (b)(2) then bans an occupant from consuming an alcoholic beverage in the passenger area. So the possession ban in (a) reaches every occupant, but the drinking ban in (b) reaches passengers only. That does not leave a driver's own drinking unaddressed: Transportation Article § 21-903(c) separately provides, "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," a direct ban that does not depend on proof of impairment and applies independently of Maryland's DUI/DWI statutes. The statute's own text also limits how the possession ban can be enforced against a driver: a driver cannot be prosecuted solely because another occupant, on their own, possessed a container.

"Passenger area" is defined by cross-reference rather than spelled out in this section: Criminal Law § 10-123(k) states that "'Passenger area' has the meaning stated in Section 21-903 of the Transportation Article," and § 10-123(j) defines "open container" as a receptacle that is open, has a broken seal, or from which the contents are partially removed. Transportation Article § 21-903(a)(4) defines "passenger area" as an area designed to seat the driver or a passenger while the vehicle is in operation, or an area readily accessible to the driver or a passenger while in their seating positions, but it expressly excludes a locked glove compartment, the trunk of the vehicle, and, in a vehicle not equipped with a trunk, the area behind the rearmost upright seat or an area not normally occupied by the driver or a passenger. That means Maryland does recognize a locked-glove-compartment and trunk safe harbor: a container stored in one of those spots is outside the "passenger area" that the possession and drinking bans reach. Both bans apply to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway, under Transportation Article § 21-903(b).

Exemptions

Maryland's statute exempts an occupant, who is not the driver, in two situations, under subsection (c):

• A motor vehicle designed, maintained, AND used primarily for compensated passenger transportation, such as a bus, taxicab, or limousine.
• The living quarters of a motor home, motor coach, or recreational vehicle.

The exemption's test is conjunctive: the vehicle must be designed, maintained, and used primarily for compensated transport, not merely one of the three. And the exemption itself never reaches the driver, only an occupant who is not the driver, so a limousine or taxi driver gets no benefit from it for their own possession or drinking.

Subsection (d) makes this an express statewide rule: "Notwithstanding Section 6-320, Section 6-321, or Section 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." Transportation Article § 21-903(d) carries the identical statewide-application clause.

Cannabis in the Passenger Area

Section 10-125(b)(3) separately bans smoking cannabis in the passenger area of a motor vehicle on a highway. Subsection (b)(1) states that "This subsection does not apply to the driver of a motor vehicle," and that carve-out applies to all of subsection (b), including (b)(3): in Maryland Code drafting the lettered level is the subsection and the numbered items are its paragraphs, confirmed within this same section, where (a)(1) refers to "subsection (c) of this section" and (c) refers to "Subsections (a)(1) and (b)(2)." So, like the alcohol drinking ban in (b)(2), the cannabis-smoking ban in (b)(3) reaches passengers only, not the driver. The (c) compensated-transport exemptions do not extend to (b)(3) either, since (c) by its own terms reaches only (a)(1) and (b)(2). A driver's own cannabis use in the passenger area is not left unaddressed, though: Transportation Article § 21-903(c) separately bans a driver from smoking or consuming cannabis there, alongside its parallel ban on a driver consuming alcohol.

Penalty

Subsection (e) of the statute excludes a violation from two other things: (e)(1) states it is not a moving violation for the purposes of Transportation Article § 16-402, and (e)(2) states it is not a traffic violation under Maryland's Vehicle Law. Criminal Law § 10-126(b) is what actually classifies the violation as a civil offense: adjudication "is not a criminal conviction for any purpose" and "does not impose any of the civil disabilities that may result from a criminal conviction." Criminal Law § 10-127 prescribes the form of the verdict, "guilty of a civil violation" or "not guilty of a civil violation," and the District Court's jurisdiction, with prepayment of a fine allowed under § 10-126. Section 10-126(g) sets that fine: a person found to have committed a violation "is subject to a fine not exceeding $25," and § 10-126(h) adds $5 in court costs.

Federal Compliance

Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Maryland is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

Related articles:

• Open container laws by state
• Maryland DUI laws
• Maryland window tint laws

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.