Maryland Beer Laws: How Much Can You Drink?

If you're planning on drinking beer in Maryland, there are a few things you should know. Firstly, the legal drinking age in Maryland is 21, and it is illegal for anyone under this age to possess or consume alcohol, except in certain circumstances. Maryland also has strict laws regarding the sale of alcohol, including fines for selling alcohol to underage people and restrictions on where alcohol can be purchased. For example, most grocery and convenience stores are prohibited from selling beer and wine due to a 1978 statewide prohibition, although there are some exceptions. The state also has unique laws regarding when alcohol can be bought, with most counties not allowing off-premise alcohol sales on Sundays. Maryland's alcohol excise taxes are also among the highest in the country, with taxes applied to beer, wine, and distilled spirits. So, while you may be able to enjoy a beer or two in Maryland, make sure you're of legal age, buying from the right place at the right time, and aware of the taxes you'll be paying.

Maryland's drinking laws

Age Restrictions:

• The minimum age to buy, possess, or consume alcoholic beverages in Maryland is 21 years old.
• It is illegal for anyone under 21 to possess or consume alcohol, with certain exceptions. For example, underage individuals employed by businesses with a valid liquor license may handle alcohol in the course of their job.
• Underage individuals may also possess or consume alcohol in a private residence if it is allowed or furnished by an immediate family member.
• Alcohol may also be consumed by minors as part of a religious ceremony.
• It is illegal to misrepresent one's age or possess false identification for the purpose of obtaining alcohol. Violation of this law is considered a civil offense, resulting in a citation rather than arrest.

Furnishing Alcohol to Minors:

• It is illegal to purchase or provide alcohol to anyone under the age of 21, except in specific exempt circumstances outlined in Maryland law.
• Adults who own or lease property are prohibited from knowingly allowing anyone under 21 to consume alcohol on that property, unless they are members of the same immediate family.

Employment Restrictions:

• Individuals must be at least 21 years old to be employed in serving or selling alcoholic beverages. However, some counties may have different laws, allowing individuals under 21 to serve alcohol in certain establishments.
• To work in another capacity at an establishment that serves alcohol, such as stocking shelves, individuals must be at least 18 years old.

Open Container Laws:

• Maryland has strict open container laws prohibiting open containers with any amount of alcohol within the passenger area of a motor vehicle.
• Passengers are also prohibited from consuming alcohol in the passenger area, with exceptions for non-drivers in hired vehicles (taxis, limousines, buses) and the living areas of motor homes.
• The driver will not be prosecuted if the presence of an open container is based solely on another occupant of the vehicle.
• Violation of the open container law is considered a civil offense.

Hours and Days of Sale:

• The hours and days during which alcohol can be sold vary by county in Maryland.
• Most counties do not allow off-premise alcohol sales on Sundays, but some counties permit Sunday sales from 11 am to 12 am.
• During the week, alcohol sales are typically allowed from 6 am to 2 am in most counties.

Where to Buy Alcohol:

• Maryland has unique laws restricting the purchase of alcohol to freestanding stores, and chain stores are generally prohibited from selling alcohol due to a 1978 statewide prohibition.
• However, there are some grandfathered-in exceptions, including a handful of chain grocery stores and pharmacies that are permitted to sell beer and wine.
• Gas stations and convenience stores are not allowed to sell alcohol in Maryland.

Online and Delivery Sales:

• Alcohol delivery is permitted in Maryland through licensed third-party services, with proof of age required upon delivery.
• Online alcohol sales are subject to county regulations and restrictions and are available in limited areas through sites like Drizly.

Alcohol-To-Go:

• In 2020, the Governor of Maryland signed an executive order allowing wineries and restaurants to offer alcohol-to-go during the state of emergency.
• In 2021, legislation was passed, allowing counties to permanently authorize alcohol-to-go with food orders, but this may vary by locality.

Blood Alcohol Content (BAC) Limits:

• Driving under the influence is illegal in Maryland, with a legal BAC limit of 0.08%.
• Drivers under the age of 21 are subject to a zero-tolerance policy and cannot have any detectable amount of alcohol in their system.

Boating Under the Influence:

Boating under the influence is also illegal in Maryland, with penalties including fines and up to a year in jail.

Alcohol Excise Taxes:

Maryland charges excise taxes on beer, wine, and distilled spirits, in addition to the federal alcohol excise taxes.

Please note that this summary provides a general overview of Maryland's drinking laws, and specific regulations may vary across counties. It is always advisable to refer to the official government sources and local laws for the most up-to-date and accurate information.

Buying beer in grocery stores

The laws regarding alcohol sales in Maryland vary considerably by county, and there have been several attempts to change the legislation. For example, in 2021, House Bill 996 and Senate Bill 763 sought to expand licensing to permit chain stores to sell beer and wine in food retail stores, but the bill did not pass.

In summary, while it is generally prohibited to buy beer in grocery stores in Maryland, there are some exceptions to this rule, and efforts are being made to change the legislation to provide more options for consumers.

Buying beer online

In Maryland, you can get beer, wine, and spirits delivered to your home via licensed third-party services such as Instacart and Minibar Delivery. However, you must provide adequate proof of age upon delivery, as only those over 21 can purchase alcohol in the state.

Using Instacart

Using the Instacart app or website, you can shop for beer, wine, liquor, and extras like mixers and soda. Once you've placed your order, you will be connected with a personal shopper in your area, who will take care of your order. You can track your order's progress and communicate with your shopper using the Instacart app or website. The shopper will typically scan your ID at the drop-off to verify your age. Delivery fees start at $3.99 for same-day orders over $35, and orders can be scheduled for as fast as one hour or later in the day or week to fit your schedule.

Using Minibar Delivery

Once you input your location, Minibar Delivery will show you what's available to you from their local store partners. You can then browse and select from thousands of local and well-known items, including wine, liquor, beer, and mixers, as well as flowers and glassware. Your order will be delivered to your door in as little as 30-60 minutes. A $5 delivery fee is applied to each order to help offset the costs involved in the delivery.

Buying Alcohol Online in Maryland

In Maryland, wine can be purchased online from a Direct Wine Shipper that holds a Maryland Permit. However, only wineries holding a direct Maryland wine shipper permit can ship their wine to Maryland consumers.

Drinking and driving

Maryland has strict laws regarding drinking and driving, with penalties ranging from fines to jail time. The state prohibits drinking and driving, and those found driving under the influence (DUI) or driving while impaired (DWI) face legal consequences.

DUI and DWI Offenses

In Maryland, a DUI refers to driving or attempting to drive with a blood alcohol concentration (BAC) of at least 0.08%. This is considered "under the influence per se" according to state law. A DWI, on the other hand, involves a lower level of impairment, where the driver's normal coordination is affected to some extent by alcohol or drugs.

Penalties for DUI and DWI

The penalties for DUI and DWI offenses in Maryland vary depending on the number of prior offenses and the presence of minor passengers. For a first DUI offense, individuals typically face up to a year in jail, up to $1,000 in fines, and a six-month license suspension. If a minor is in the vehicle, the maximum jail time and fines are doubled.

For a first DWI offense, the penalties include up to two months in jail, up to $500 in fines, and a license suspension of up to six months. If a minor is involved, the maximum jail time increases to one year, and the maximum fine becomes $1,000.

Subsequent offenses carry harsher penalties. A second DUI offense can result in five days to two years in jail, up to $2,000 in fines, and a 12-month license suspension. With a minor passenger, the penalties increase to a potential $3,000 fine and up to three years in jail.

For a third DUI offense, individuals face 10 days to five years in jail, up to $5,000 in fines, and an 18-month license suspension. The presence of a minor passenger can further increase the penalties to a $6,000 fine and up to six years in jail.

Underage DUI Laws

Maryland has strict laws for drivers under the age of 21. Any amount of alcohol in their system is considered a violation, and they will be charged with a DUI. This offense carries its own set of penalties, including license suspension and ignition interlock requirements.

Ignition Interlock Program

Maryland offers an Ignition Interlock Program that allows individuals to continue driving during their suspension period. This program is mandatory for certain offenses, including alcohol-related DUIs, intoxicated driving with a passenger under 16, and DUIs for drivers under 21. The program duration varies based on the number of offenses.

Buying beer on Sundays

Maryland has unique laws regarding when and where you can buy alcohol, which differ from those of its neighbouring states.

Maryland's alcohol laws vary by county, due to the wide latitude of home rule granted to its counties. In some counties, such as Prince George's and Baltimore, retail alcohol sales on Sundays are not allowed. However, in other counties, you can buy beer and wine on Sundays, but only at freestanding alcohol stores. The permitted hours in these counties are typically 8:00 am to 11:00 pm, but local stores may have reduced hours on Sundays.

Talbot County

Talbot County is the only county in Maryland where you can purchase beer and wine at a grocery store.

Proposed changes to the law

The Maryland House Bill 996 and State Senate Bill 763 were proposed to expand licensing for beer and wine sales in food retail stores. However, the bills did not pass in 2021, and the measure must be reintroduced in 2022.

Support for new legislation

Support for expanded locations for the purchase of alcohol in Maryland is growing. In 2012, support for this change was 63%, and it grew to 73% in 2020, according to polls.

Frequently asked questions