Drunk In Public
Alc. Bev. & Cannabis § 6-320 — intoxicated and endangering others, or causing a public disturbance
Intoxicated, and something more. In Maryland, an individual may not be intoxicated and endanger the safety of another individual or property, or be intoxicated or consume an alcoholic beverage in a public place and cause a public disturbance.
The penalty. A violation is a misdemeanor, and on conviction carries imprisonment not exceeding 90 days, a fine not exceeding $100, or both.
Drinking on public property. Separately, an individual may not consume an alcoholic beverage on public property, on the mall, adjacent parking area or other outside area of a shopping center, on an adjacent parking area or other outside area of any other retail establishment, or in a parked vehicle in one of those places. Public property includes a structure, road, parking area or grounds on land owned, leased or operated by the State, a county, a municipality or certain public authorities.
Where it is allowed. Drinking is allowed on public property the governmental entity with authority over it authorizes, and on those retail areas where the owner authorizes it. With the owner or operator's consent, the rule does not reach passengers in the living quarters of a motor home equipped with a toilet and central heating, or passengers of a chartered bus in transit.
A civil offense. Drinking in those places is a Code violation and a civil offense: the person is issued a citation and is subject to a fine not exceeding $100.
| The assumption | What the law actually does |
|---|---|
| The assumptionBeing drunk in public is a crime on its own | What the law actually doesThe section reaches being intoxicated and endangering people or property, or causing a public disturbance in a public place |
| The assumptionA drink in a parked car is private | What the law actually doesNot in a parked vehicle on public property or a shopping center's parking area: a civil offense, with a fine not exceeding $100 |
Drinking in a vehicle on a highway is on the open container page. Whether particular conduct was a public disturbance is decided on the facts, and is a question for a licensed Maryland attorney.
Sources for this section (2)
- Md. Code, Alc. Bev. & Cannabis § 6-320 — Intoxication endangering others or causing a public disturbance
- Md. Code, Alc. Bev. & Cannabis § 6-321 — Drinking on public property and outside retail areas
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.