Not in the passenger area. A Maryland driver may not consume an alcoholic beverage, or smoke or consume cannabis, in the passenger area of a motor vehicle on a highway. It applies whether the vehicle is driven, stopped, standing or parked there, and it applies throughout the State whatever a local law says.
The passenger area is where the driver and passengers sit while the vehicle is moving, and anywhere they can readily reach from their seats. It does not include a locked glove compartment, the trunk, or, in a vehicle without a trunk, the area behind the last upright seat or an area not normally occupied.
As this section is written, the prohibition is on the driver consuming. An alcoholic beverage here is anything fit to drink that contains at least 0.5% alcohol by volume.
Sources for this section (1)
- Md. Code, Transp. § 21-903 — Consuming alcohol or cannabis in a vehicle
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.