What are the Underage Drinking Laws in Maryland

Although conventional wisdom assumes that all underage drinking is illegal in Maryland, the law concerning alcohol consumption and individuals under age 21 is actually more nuanced. Generally speaking, however, those under age 21 are prohibited from consuming alcohol.

Under Maryland law, a person under the age of 21 cannot consume or possess an alcoholic beverage. That said, the law contains many exceptions and variations by county.

Exceptions to Consumption and Possession Rules 

If a person under age 21 is working for an employer that has a valid liquor license issued by the state of Maryland, the otherwise underage employee may possess, but not consume, alcoholic beverages per job requirements.

Someone under 21 would also be allowed to consume alcohol in a private residence as long as that individual did so with the consent and supervision of a family member, usually a parent, over the age of 21.

Alcohol can be consumed by individuals under age 21 in the state of Maryland if that consumption is part of an approved religious ceremony. The Episcopal and Roman Catholic religious rites each sanction the light consumption of alcohol.

The three foregoing cases in which otherwise underage handling or consumption of alcohol is permissible are the exceptions - generally speaking, the possession and consumption of alcohol by Maryland residents under age 21 is illegal.

Fake Identification and Home Rule 

If an individual under age 21 misrepresents his or her age in an attempt to illegally acquire alcohol, that is a distinct offense under Maryland law. Merely possessing a card or document that falsely represents a person's age is also an offense.

Illegal possession of alcohol and/or false identification would be met with a citation rather than an arrest in the state of Maryland. Getting caught doing either of these constitutes a civil offense, which means that as a standalone offense it is not grounds for imprisonment and should not appear on the offender's criminal record.

The prohibition of most types of underage alcohol consumption in Maryland considers individuals under age 21 too irresponsible to consume alcohol unsupervised; therefore, the state of Maryland does not consider it reasonable to hold people under 21 fully accountable for their actions. Hence, underage possession of alcohol should not result in an arrest.

Home Rule and Underage Drinking

Home rule concerns the power of a state's constituent parts to exercise its own governance within administrative areas that have been decentralized by the central, state government. In layman's terms this translates to Maryland's counties having a hodgepodge of underage drinking rules.

Furnishing Alcohol to the Underaged 

Maryland House Bill 299, ratified into law in 2009, more severely punishes furnishing individuals under age 21 with alcohol.

Any person found guilty of violating this law faces fines of between $1,000 and $2,500.

The Maryland statute concerning furnishing alcohol to underaged individuals states that an adult found "attempt[ing] to obtain by purchase or otherwise, an alcoholic beverage from any person licensed to sell alcoholic beverages for consumption by another who the individual obtaining or attempting to obtain the beverage knows is under the age of 21 years old" faces legal prosecution.

Underage DWI: No Laughing Matter 

In terms of actually drinking and driving while under 21 in Maryland, if found guilty the punishment is far more severe. A DWI can be issued if your BAC exceeds .02 and you are under age 21. An underaged DWI can result in a loss of license or an ignition interlock device for three years following the offense.