What Fireworks Are Legal In Maryland?

‘Tis the season!  No, not that season.  The season for barbecues, pool parties, family, and friends.  Combine these with the Fourth of July and add fireworks to the mix, and you have a recipe for a very fun and memorable time.

Although they add fun and excitement to any Independence Day celebration, fireworks can add the wrong kind of excitement when something goes awry, which it often does.  Because fireworks burn up to 1,800 degrees Fahrenheit, they can cause burns, lacerations, blindness, amputations and, under the most unfortunate of circumstances, death.

Over the years, mishaps involving fireworks have caused so many problems that the use of fireworks in Maryland is strictly regulated.  While there are probably those who may consider laws governing the sale and use of fireworks to be a bit excessive, those laws are clearly intended to protect you (sometimes even from yourself!) and those around you.

Laws Governing the Use of Fireworks in Maryland
Many people have questions about the legality of fireworks in Maryland. The following is a basic summary of the laws in this state. While we love our clients, we hope it will assist you in having a safe, sane and lawyer-free Fourth of July holiday.

• To buy, or not to buy?  In general, unless they are part of a public display approved by the local fire department, most fireworks are not legal in Maryland.  There is a complete ban on all consumer fireworks in the Baltimore City, Prince George’s and Montgomery County jurisdictions.
• Not in my backyard.  Or any backyard.  Absolutely no private display of fireworks in Maryland is permitted by law. Fireworks displays are only allowed when a permit is issued by the Fire Marshall and the requisite insurance coverage is in place.
• It’s a sparkling affair.  Sparklers that contain no chlorates or perchlorates and non-aerial, non-explosive sparkling devices are permitted in most of Maryland (e.g., “gold label” sparklers and “champagne party poppers”).  However, ground-based sparklers are not allowed in Harford County, Howard County and Ocean City.
• Let’s see some I.D.  The sale of sparklers to anyone under the age of 16 is against the law.
• What if the fireworks were purchased out of state?  If you bought them there, use them there.  It is illegal to transport fireworks, even if purchased legally elsewhere, into Maryland.
• But officer, I didn’t know… .  People are often not aware that they’ve purchased fireworks that aren’t legal in our state. There are, however, resources that will assist you in assessing whether what you’re considering purchasing are permissible fireworks in Maryland.  For example, the Maryland State Police publishes a guide that shows the labels for legal and illegal fireworks.
• Boom means doom!  If a hand-held or ground-based device generates an explosion, detonation or other loud noise or in any way propels a projectile either along the ground or through the air, it is illegal for private citizens to use.  Examples include Cherry Bombs, M-80s, Smoke Bombs, Roman Candles, Sky Rockets and any firework shot from a mortar tube, just to list a few.
• “What if I just go ahead and use fireworks in Maryland anyway?”  Although you probably won’t go to jail if you’re caught in possession of or discharging fireworks in Maryland, you can expect:  1) Your fireworks to be confiscated; 2) You may be given a criminal citation; and 3) You may be assessed a fine of up to $250 for possession/discharge and up to $1,000 for sale without a permit.

Our advice?  If you don’t want to make an appointment on July 5th to see a Maryland criminal defense attorney, be sure to follow the laws for fireworks in Maryland on July 4th!