Title 10. Crimes Against Public Health, Conduct, and Sensibilities — Subtitle 1. Crimes Against Public Health and Safety

give, sell, deliver, dispense, issue, or offer to give, sell, deliver, dispense, or issue; or

cause or hire a person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense, or issue.

“Tobacco paraphernalia” means any object used, intended for use, or designed for use in inhaling or otherwise introducing tobacco products into the human body.

“Tobacco paraphernalia” includes:

“Tobacco product” means a product that is:

“Tobacco product” includes:

“Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

a government unit;

a health or medical agency approved by the Secretary of Health;

a medical, pharmaceutical, or other professional publication not publicly distributed; or

a news item or article published in a newspaper, magazine, or book.

a drug, medicine, preparation, or substance for the treatment, alleviation, or cure of venereal disease; or

a person from whom or a place where a drug, medicine, preparation, or substance for the treatment, alleviation, or cure of venereal disease may be obtained.

a physician licensed to practice medicine;

a government unit; or

the otherwise lawful conduct of business between commercial, medical, pharmaceutical, scientific, or government units.

A prescription under subsection (b) of this section shall include:

The person filling the prescription required under subsection (b) of this section:

$50 for the first violation; and

$250 for each subsequent violation.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation.

Each vending machine or other automatic device in a school is a separate violation.

contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or

sent through the mail.

This subsection does not apply to the distribution of a tobacco product or tobacco paraphernalia to an individual under the age of 21 years who is acting solely as the agent of the individual’s employer if the employer distributes tobacco products or tobacco paraphernalia for commercial purposes.

A person who distributes tobacco products for commercial purposes, including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, personally or through an employee, may not distribute to an individual under the age of 21 years:

purchase for or sell a tobacco product to an individual under the age of 21 years; or

distribute tobacco paraphernalia to an individual under the age of 21 years.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

In addition to the penalties under paragraph (1) of this subsection, if a person holds a license under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, the court shall order the Executive Director of the Alcohol, Tobacco, and Cannabis Commission to:

For a determination made by a court under paragraph (2) of this subsection, the clerk of the court shall send a copy of the final order issued by the court to the Executive Director of the Alcohol, Tobacco, and Cannabis Commission.

Issuance of a civil citation for the sale of a tobacco product to an individual under the age of 21 years precludes a prosecution for a violation of § 24–307 of the Health – General Article arising out of the same violation.

$300 for a first violation;

$1,000 for a second violation occurring within 2 years after the first violation; and

$3,000 for each subsequent violation occurring within 2 years after the preceding violation.

is in a place accessible to children;

is uncrated; and

has a door or a lock that cannot be released for opening from the inside.

In this section the following words have the meanings indicated.

“Bi–county unit” means:

“Litter” means all rubbish, waste matter, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.

“Public or private property” means:

prohibit uniformly throughout the State the improper disposal of litter on public or private property; and

curb the desecration of the beauty of the State and harm to the health, welfare, and safety of its citizens caused by the improper disposal of litter.

dispose of litter on a highway or perform an act that violates the State Vehicle Laws regarding disposal of litter, glass, and other prohibited substances on highways; or

dispose or cause or allow the disposal of litter on public or private property unless:

if present, the owner of the conveyance is presumed to be responsible for the violation; or

if the owner of the conveyance is not present, the operator is presumed to be responsible for the violation.

A person who violates this section is subject to the penalties provided in this subsection.

In addition to the penalties provided under paragraph (2) of this subsection, a court may order the violator to:

establish and maintain receptacles for the disposal of litter at appropriate locations where the public frequents the property;

post signs directing persons to the receptacles and serving notice of the provisions of this section; and

otherwise publicize the availability of litter receptacles and the requirements of this section.

Fines collected for violations of this section shall be disbursed:

The legislative body of a municipal corporation may:

The governing bodies of Anne Arundel County, Prince George’s County, Calvert County, and Montgomery County may each adopt an ordinance to prohibit littering under this section and, for violations of the ordinance, may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subsection (f)(1) through (3) of this section.

The governing body for Prince George’s County may establish a pilot program allowing a member of the public to:

If a person fined under this subsection does not pay the fine, the governing body of Prince George’s County may refer the amount of the unpaid outstanding fine to the Central Collection Unit of the Department of Budget and Management.

In this section the following words have the meanings indicated.

“Bodily fluid” means blood, urine, saliva, or other bodily fluid.

“Controlled dangerous substance” has the meaning stated in § 5–101 of this article.

“Drug” has the meaning stated in § 5–101 of this article.

“Drug or alcohol screening test” means an analysis of a sample of bodily fluid collected from a person for the purpose of detecting the presence of alcohol, drugs, or a controlled dangerous substance in the bodily fluid of the person.

alter a bodily fluid sample;

substitute a bodily fluid sample, in whole or in part, with:

possess or use a bodily fluid adulterant;

sell, distribute, or offer to sell or distribute:

transport into the State:

for a first violation, a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

for each subsequent violation, a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

In this section the following words have the meanings indicated.

“Department” means the Baltimore City Department of Housing and Community Development, or another department designated by the Mayor of Baltimore City.

“Dumping site” means a location in Baltimore City that is:

“Surveillance image” means an image recorded by a surveillance system:

“Surveillance system” means a collection of one or more cameras located at a dumping site that produces a surveillance image.

place surveillance systems at dumping sites; and

use surveillance images to enforce the provisions of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.

Unless the individual committing a violation received a citation from a police officer at the time of the violation, the owner of the vehicle used to commit the violation, or in accordance with subsection (g)(4) of this section, the individual committing the violation, is subject to a civil penalty if the violation and the motor vehicle used to commit the violation are recorded on a surveillance image by a surveillance system while the individual is committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.

A civil penalty under this subsection may not exceed $1,000.

For purposes of this section, the District Court, in consultation with the Department, shall prescribe:

Subject to the provisions of paragraphs (2) through (4) of this subsection, the Department shall mail to the owner liable under subsection (d) of this section a citation that shall include:

The Department may mail a warning notice instead of a citation to the owner liable under subsection (d) of this section.

Except as provided in subsection (g)(4) of this section, the Department may not mail a citation to a person who is not an owner.

Except as provided in subsection (g)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation.

A person who receives a citation under paragraph (1) of this subsection may:

A certificate alleging that a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter occurred, sworn to or affirmed by a duly authorized agent of the Department, based on inspection of surveillance images produced by a surveillance system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section.

Adjudication of liability shall be based on a preponderance of the evidence.

The District Court may consider in defense of a violation:

In order to assert a defense under paragraph (1)(i) of this subsection, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

In order to satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of the identity of the person in the surveillance image who was actually committing the violation, including, at a minimum, the person’s name and current address.

refuse to register the motor vehicle cited in the violation; or

suspend the registration of the motor vehicle cited in the violation.

may not be recorded by the Motor Vehicle Administration on the driving record of the owner or the driver of the motor vehicle; and

may be treated as a parking violation for purposes of § 26–305 of the Transportation Article.

possess or have under the individual’s charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual’s employment and during regular working hours; or

consume an alcoholic beverage.

The prohibitions set forth in subsection (a)(1) and (2) of this section do not apply if:

An individual may not be stopped on suspicion of a violation of subsection (a)(2) of this section or charged with a violation of subsection (a)(2) of this section unless the individual is observed in possession of an alcoholic beverage.

the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and

the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.

The prohibition set forth in subsection (a) of this section:

The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:

the person knew or reasonably should have known would operate a motor vehicle after consuming the alcoholic beverage; and

as a result of operating a motor vehicle while under the influence of alcohol or while impaired by alcohol, causes serious physical injury or death to the individual or another.

possess a keg that has not been registered under or does not have a registration form affixed to it as required by § 5–303 of the Alcoholic Beverages and Cannabis Article; or

remove, alter, or obliterate, or allow to be removed, altered, or obliterated, a registration form that is affixed to a keg.

A person shall be issued a citation under this section if the person violates:

A minor who violates § 10–116 or § 10–117(a) of this part shall be issued a citation under this section.

A citation for a violation of §§ 10–113 through 10–115 or a violation of § 10–118 of this part or § 6–321 or § 6–322 of the Alcoholic Beverages and Cannabis Article may be issued by:

In Anne Arundel County, Frederick County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, and Talbot County, the inspector shall successfully complete an appropriate program of training in the proper use of arrest authority and pertinent police procedures as required by the board of license commissioners.

In Anne Arundel County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, and Talbot County, the inspector may not carry a firearm in the performance of the inspector’s duties.

Subject to paragraph (2) of this subsection, the form of citation issued to an adult shall be as prescribed by the District Court and shall be uniform throughout the State.

The citation issued to an adult shall contain:

The form of citation issued to a minor shall:

Except for a citation subject to the jurisdiction of a circuit court, the issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.

For purposes of this section, a violation of §§ 10–113 through 10–115 or a violation of § 10–118 of this part or § 6–321 or § 6–322 of the Alcoholic Beverages and Cannabis Article is a Code violation and is a civil offense.

A person charged who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

A person charged who is at least 18 years old shall be subject to the provisions of this section.

Adjudication of a Code violation is not a criminal conviction for any purpose, and it does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of criminal causes, and in any such proceeding, the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes;

the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, or to testify on the defendant’s own behalf, if the defendant chooses to do so;

the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant;

the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

before rendering judgment, the court may place the defendant on probation in the same manner and to the same extent as is allowed by law in the trial of a criminal case.

This subsection does not apply to a person who commits a Code violation under § 6–321 or § 6–322 of the Alcoholic Beverages and Cannabis Article.

Except as provided in paragraph (3) of this subsection, if the District Court finds that a person has committed a Code violation, the court shall require the person to pay:

If the District Court finds that a person has committed a Code violation under § 10–117 of this subtitle, the court shall require the person to pay:

The Chief Judge of the District Court may not establish a schedule for the prepayment of fines for a Code violation under this part.

the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish; and

if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.

The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

The court costs in a Code violation case in which costs are imposed are $5.

In this subsection, “driver’s license” means a license or permit to drive a motor vehicle that is issued under the laws of this State or any other jurisdiction.

This subsection applies only to:

If a person is found guilty of a Code violation under § 10–113 of this part that involved the use of a driver’s license or a document purporting to be a driver’s license, the court shall notify the Motor Vehicle Administration of the violation.

The Chief Judge of the District Court, in conjunction with the Motor Vehicle Administrator, shall establish uniform procedures for reporting Code violations described in this subsection.

A defendant who has been found guilty of a Code violation has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion has the same authority provided in the trial of criminal cases.

The State’s Attorney for any county may prosecute a Code violation in the same manner as prosecution of a violation of the criminal laws of this State.

In a Code violation case the State’s Attorney may:

The juvenile court has jurisdiction over a minor who is within the age of juvenile court jurisdiction.

If there is a waiver of juvenile jurisdiction with respect to a minor who is otherwise subject to juvenile court jurisdiction, the District Court has jurisdiction over the matter, notwithstanding any contrary provision of § 4-301 of the Courts Article.

was acting in the capacity of a licensee, or an employee of a licensee, under the Alcoholic Beverages and Cannabis Article; and

has committed a violation of and is subject to the penalties under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages and Cannabis Article.

a fine not exceeding $2,500 for a first offense; or

a fine not exceeding $5,000 for a second or subsequent offense.

“Motor vehicle” means a vehicle that:

“Motor vehicle” includes:

that is open;

that has a broken seal; or

from which the contents are partially removed.

Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.

A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.

This subsection does not apply to the driver of a motor vehicle.

Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.

An occupant of a motor vehicle may not smoke cannabis in a passenger area of a motor vehicle on a highway.

a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including:

the living quarters of a motor home, motor coach, or recreational vehicle.

a moving violation for the purposes of § 16–402 of the Transportation Article; or

a traffic violation for the purposes of the Maryland Vehicle Law.

A violation under this part is a civil offense.

Adjudication of a violation under this part:

the name and address of the person charged;

the statute allegedly violated;

the date, location, and time that the violation occurred;

the fine that may be imposed;

a notice stating that prepayment of the fine is allowed; and

a notice that states that the District Court shall promptly send the person a summons to appear for trial.

The law enforcement agency of the police officer who issued the citation shall forward to the District Court having venue a copy of the citation and a request for trial.

The District Court shall promptly schedule the case for trial and summon the defendant to appear.

the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;

the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;

the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant is entitled to:

the defendant may enter a plea of guilty or not guilty;

the verdict shall be:

before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.

an appeal;

a motion for a new trial; or

a motion for a revision of a judgment.

prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and

exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.

$1,000 for a first violation;

$2,000 for a second violation occurring within 2 years after the first violation; and

$6,000 for each subsequent violation occurring within 2 years after the preceding violation.

a police officer authorized to make arrests; and

in State forestry reservations, State parks, historic monuments, and recreation areas, a forest or park warden under § 5–206(a) of the Natural Resources Article.

Subject to paragraph (2) of this subsection, the form of citation issued to an adult for a violation of § 10–132 of this part shall be as prescribed by the District Court and shall be uniform throughout the State.

The citation issued to an adult shall contain:

The form of citation issued to a minor shall:

The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.

The District Court shall promptly schedule the case for trial and summon the defendant to appear.

Willful failure of the defendant to respond to a summons described in paragraph (2) of this subsection is contempt of court.

For purposes of this section, a violation of § 10–132 of this part is a Code violation and is a civil offense.

A person charged who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

A person charged who is at least 18 years old shall be subject to the provisions of this section.

Adjudication of a Code violation under § 10–132 of this part is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of criminal causes;

the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes;

the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, or to testify on the defendant’s own behalf, if the defendant chooses to do so;

the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and

the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

If the District Court finds that a person has committed a Code violation, the court shall require the person to pay:

The Chief Judge of the District Court may not establish a schedule for the prepayment of fines for a violation under § 10–132 of this part.

the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish; and

if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.

The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

The court costs in a Code violation case under § 10–132 of this part in which costs are imposed are $5.

A defendant who has been found guilty of a Code violation under § 10–132 of this part has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.

The State’s Attorney for any county may prosecute a Code violation under § 10–132 of this part in the same manner as prosecution of a violation of the criminal laws of the State.

In a Code violation case under § 10–132 of this part, the State’s Attorney may:

In this part the following words have the meanings indicated.

“Table games” has the meaning stated in § 9–1A–01 of the State Government Article.

“Video lottery employee” has the meaning stated in § 9–1A–01 of the State Government Article.

“Video lottery facility” has the meaning stated in § 9–1A–01 of the State Government Article.

“Video lottery terminal” has the meaning stated in § 9–1A–01 of the State Government Article.

Except as provided in paragraph (2) of this subsection, an individual under the age of 21 years may not:

A video lottery employee who is an adult may enter or remain in an area within a video lottery facility that is designated for table game or video lottery terminal activities if the video lottery employee is working.

a police officer authorized to make arrests; and

in State forestry reservations, State parks, historic monuments, and recreation areas, a forest or park warden under § 5–206(a) of the Natural Resources Article.

Subject to paragraph (2) of this subsection, the form of citation issued to an adult for a violation of § 10–136 of this part shall be as prescribed by the District Court and shall be uniform throughout the State.

The citation issued to an adult shall contain:

The form of citation issued to a minor shall:

The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.

The District Court promptly shall schedule the case for trial and summon the defendant to appear.

Willful failure of the defendant to respond to a summons described in paragraph (2) of this subsection is contempt of court.

For purposes of this section, a violation of § 10–136 of this part is a Code violation and is a civil offense.

A person charged who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

A person charged who is at least 18 years old shall be subject to the provisions of this section.

Adjudication of a Code violation under § 10–136 of this part is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of criminal cases;

the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal cases;

the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;

the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and

the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

If the District Court finds that a person has committed a Code violation, the court shall require the person:

The Chief Judge of the District Court may establish a schedule for the prepayment of fines for a violation under § 10–136 of this part.

the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish; and

if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.

The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

The court costs in a Code violation case under § 10–136 of this part in which costs are imposed are $5.

A defendant who has been found guilty of a Code violation under § 10–136 of this part has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.

The State’s Attorney for any county may prosecute a Code violation under § 10–136 of this part in the same manner as prosecution of a violation of the criminal laws of the State.

In a Code violation case under § 10–136 of this part, the State’s Attorney may: