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- Maryland -
Underage Drinking: Underage Possession of Alcohol
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Possession is prohibited
WITH THE FOLLOWING EXCEPTION(S):
- private residence
- AND EITHER parent/guardian OR spouse
Notes: Maryland's exception includes members of an individual's "immediate family" when the alcoholic beverage is furnished and possessed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002.
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Explanatory Notes and Limitations
Comparison Map
Legal Citations
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Underage Drinking: Underage Consumption of Alcohol
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Consumption is prohibited
WITH THE FOLLOWING EXCEPTION(S):
- private residence
- AND EITHER parent/guardian OR spouse
Notes: Maryland's exception includes members of an individual's "immediate family" when the alcoholic beverage is furnished and consumed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002.
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Explanatory Notes and Limitations
Comparison Map
Legal Citations
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Underage Drinking: Furnishing Alcohol to Minors
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Furnishing is prohibited
WITH THE FOLLOWING EXCEPTION(S):
- private residence
- AND EITHER parent/guardian OR spouse
Notes: Maryland's exception allows furnishing of alcohol to minors by members of their "immediate family" when the alcoholic beverage is furnished and consumed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002.
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Explanatory Notes and Limitations
Comparison Map
Legal Citations
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Underage Drinking: False Identification for Obtaining Alcohol
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Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- Penalty may include driver's license suspension through a judicial procedure
Provision(s) targeting retailers:
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
Notes: In Maryland, a licensee or employee of the licensee may not be found guilty of underage furnishing if the person establishes to the satisfaction of the jury or the court sitting as a jury that the person used due caution to establish that the person under 21 years of age was not, in fact, a person under 21 years of age if a nonresident of the State. This constitutes a general affirmative defense under APIS coding. In contrast, if the person is a resident of the State of Maryland, the licensee or employee of the licensee may accept, as proof of a person's age, the person's driver's license or identification card as provided for in the Maryland Vehicle Law. In addition, beginning October 1, 2006, the licensee or employee of the licensee may accept, as proof of a person's age, a United States military identification card. These are examples of a specific affirmative defense under APIS coding. See Md. Ann. Code, Art. 2B, § 12-108(a)(3)(ii)-(iii).
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Explanatory Notes and Limitations
Comparison Map
Legal Citations
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Retail Sales: Keg Registration
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Keg definition: at least 4 gallons
Prohibited:
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possessing an unregistered, unlabeled keg
- max. fine/jail: $500 (or $1000 if repeat violation)
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destroying the label on a keg
- max. fine/jail: $500 (or $1000 if repeat violation)
Purchaser information collected:
purchaser's name and address
verified by a government-issued ID
Warning information to purchaser:
Not Required
Deposit: not required
Provisions specifically address disposable kegs Notes: Although Maryland does not require a retailer to record the number of a keg purchaser's ID, it does require that the purchaser's name and address be recorded as they appear on the purchaser's identification. Effective July 1, 2008, retailers in Prince George's County must also record the purchaser's identification number.
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Explanatory Notes and Limitations
Comparison Map
Legal Citations
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