In this part the following words have the meanings indicated. “Distribute” means to: 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: a cigarette rolling paper; a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, or punctured metal bowl; a water pipe; a carburetion tube or device; a smoking or carburetion mask; an object known as a roach clip used to hold burning material, such as a cigarette that has become too small or too short to be held in the hand; a chamber pipe; a carburetor pipe; an electric pipe; an air–driven pipe; a chillum; a bong; and an ice pipe or chiller. “Tobacco product” means a product that is: intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains: tobacco; or nicotine; or an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph. “Tobacco product” includes: cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; electronic smoking devices; and filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content. “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. “Venereal disease” includes gonorrhea, syphilis, chancroid, and any diseased condition of the human genitalia caused by, related to, or resulting from a venereal disease.

This section does not apply to: 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 person may not advertise, allow to be advertised, or call to public attention: 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 person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each violation.

This section does not apply to: a physician licensed to practice medicine; a government unit; or the otherwise lawful conduct of business between commercial, medical, pharmaceutical, scientific, or government units. Except in accordance with a prescription written by a physician licensed to practice medicine, a person may not sell, dispense, or give to another a drug, medicine, preparation, substance, or a preparation containing a sulfonamide drug to alleviate, treat, or cure venereal disease. A prescription under subsection (b) of this section shall include: the physician’s signature and address; and the date the prescription was written. The person filling the prescription required under subsection (b) of this section: shall write on the prescription the date it was filled; shall keep the prescription on file for at least 2 years after it was filled; shall allow the prescription to be inspected by State and local health authorities; and may not refill the prescription except on the order of the physician who wrote the prescription. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: $50 for the first violation; and $250 for each subsequent violation.

A person may not sell or offer for sale a contraceptive or a contraceptive device, whether or not advertised as a prophylactic, by means of a vending machine or other automatic device at a kindergarten, nursery school, or elementary or secondary school. 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.

A person may not sell or offer for sale a clove cigarette. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $500.

This section does not apply to the distribution of a coupon that is redeemable for a tobacco product, if the coupon is: 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: a tobacco product; tobacco paraphernalia; or a coupon redeemable for a tobacco product. A person not described in subsection (b)(2) of this section may not: 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. In a prosecution for a violation of this section, it is a defense that the defendant examined, in a direct, face–to–face exchange, the purchaser’s or recipient’s driver’s license or other valid identification issued by a government unit that positively identified the purchaser or recipient as at least 21 years of age. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: $500 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. 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: suspend the license for: a second violation, not more than 90 days; and each subsequent violation, not more than 180 days; and for each subsequent violation, revoke the license. 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. For purposes of this section, each separate incident at a different time and occasion is a violation.

A person who distributes products containing delta–8– or delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title 16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an individual under the age of 21 years. In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license, or other valid identification issued by a governmental unit, that positively identified the purchaser or recipient as being at least 21 years old. Any website owned, managed, or operated by a person who distributes or sells a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral age–screening mechanism that verifies that the user is at least 21 years old, including by using an age–gate, age–screen, or age–verification mechanism. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: $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.

A person may not place or allow to be placed outside of a building or dwelling an abandoned or discarded refrigerator, icebox, or freezer cabinet that: 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. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $100 or both.

In this section the following words have the meanings indicated. “Bi–county unit” means: the Maryland–National Capital Park and Planning Commission; or the Washington Suburban Sanitary Commission. “Bulky item” means any discarded furniture, home or industrial appliance, or abandoned vehicle or part of an abandoned vehicle not designated for disposal purposes under the laws of Prince George’s County or Charles County. “Bulky item” does not include discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including: beverage containers and closures; packaging; wrappers; wastepaper; newspapers; magazines; and waste matter that escapes or is allowed to escape from a container, receptacle, or package. “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: the right–of–way of a road or highway; a body of water or watercourse or the shores or beaches of a body of water or watercourse; a park; a parking facility; a playground; public service company property or transmission line right–of–way; a building; a refuge or conservation or recreation area; residential or farm property; or timberlands or a forest. The General Assembly intends to: 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. A person may not: 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: the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of litter and the person is authorized by the proper public authority to use the property; or the litter is placed into a litter receptacle or container installed on the property. If two or more individuals are occupying a motor vehicle, boat, airplane, or other conveyance from which litter is disposed in violation of subsection (c) of this section, and it cannot be determined which occupant is the violator: 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. Notwithstanding any other law, if the facts of a case in which a person is charged with violating this section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case. A person who violates this section is subject to the penalties provided in this subsection. A person who disposes of litter in violation of this section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both. A person who disposes of litter in violation of this section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $12,500 or both. A person who disposes of litter in violation of this section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $30,000 or both. In addition to the penalties provided under paragraph (2) of this subsection, a court may order the violator to: remove or render harmless the litter disposed of in violation of this section; repair or restore any property damaged by, or pay damages for, the disposal of the litter in violation of this section; perform public service relating to the removal of litter disposed of in violation of this section or to the restoration of an area polluted by litter disposed of in violation of this section; or reimburse the State, county, municipal corporation, or bi–county unit for its costs incurred in removing the litter disposed of in violation of this section. If a person is convicted of a violation under this section and the person used a motor vehicle in the commission of the violation, the court shall notify the Motor Vehicle Administration of the violation. The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this paragraph. A law enforcement unit, officer, or official of the State or a political subdivision of the State, or an enforcement unit, officer, or official of a commission of the State, or a political subdivision of the State, shall enforce compliance with this section. A unit that supervises State property shall: 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: to the county or municipal corporation where the violation occurred; or if the bi–county unit is the enforcement unit and the violations occurred on property over which the bi–county unit exercises jurisdiction, to the bi–county unit. Except as provided in subparagraph (ii) of this paragraph, fines collected shall be used to pay for litter receptacles and posting signs as required by subsection (h) of this section and for other purposes relating to the removal or control of litter. Fines collected in Prince George’s County shall be used to pay for: maintenance costs associated with the pilot program established under subsection (k) of this section; litter receptacles and posting signs that are required by subsection (h) of this section and for other purposes related to the removal or control of litter; the removal or control of litter, litter removal programs, oversight, and operations performed by the unit that supervises State property; and rewards to members of the public who submit video evidence through a program established under subsection (k) of this section. The legislative body of a municipal corporation may: prohibit littering; and classify littering as a municipal infraction under Title 6 of the Local Government Article. 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 bodies of Prince George’s County and Charles County may each adopt an ordinance to prohibit the disposal of a bulky item: on a highway; or on public or private property unless the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of bulky items and the person is authorized by the proper public authority to use the property. For violations of an ordinance adopted under this paragraph, a county may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subparagraph (iii) of this paragraph. A person who disposes of a bulky item in violation of this paragraph is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $5,000 or both. The governing body for Prince George’s County may establish a pilot program allowing a member of the public to: submit video evidence of an alleged violation of this section occurring in Prince George’s County to an enforcement unit with jurisdiction; and receive half the total amount of any fines collected in relation to the violation if the video evidence leads to a conviction under this section. 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. This section may be cited as the “Illegal Dumping and Litter Control Law”.

In this section the following words have the meanings indicated. “Bodily fluid” means blood, urine, saliva, or other bodily fluid. “Bodily fluid adulterant” means any substance or chemical that is intended, for the purpose of altering the results of a drug or alcohol screening test, to be: consumed by a person; introduced into the body of a person; or added to or substituted for a sample of bodily fluid. “Bodily fluid adulterant” includes synthetic urine. “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. A person may not, with intent to defraud or alter the outcome of a drug or alcohol screening test: alter a bodily fluid sample; substitute a bodily fluid sample, in whole or in part, with: a bodily fluid sample of another person or animal; or any other substance; possess or use a bodily fluid adulterant; sell, distribute, or offer to sell or distribute: any bodily fluid from a human or any animal; or any bodily fluid adulterant; or transport into the State: any bodily fluid from a human or any animal; or any bodily fluid adulterant. A person who violates this section is guilty of: 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: owned by the city or the State; and identified by the Department as property that has been repeatedly used for the disposal of litter in violation of State law or a local law or ordinance. “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more. “Owner” does not include: a motor vehicle rental or leasing company; or a holder of a special registration plate issued under Title 13, Subtitle 9, Part III of the Transportation Article. “Surveillance image” means an image recorded by a surveillance system: on: a photograph; a micrograph; an electronic image; videotape; or any other medium; showing the front or rear of a motor vehicle, and, on at least one image or portion of the tape, clearly identifying the registration plate number of the motor vehicle; and showing an individual 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. “Surveillance system” means a collection of one or more cameras located at a dumping site that produces a surveillance image. This section applies to a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter that occurs at a dumping site monitored by a surveillance system. The Department may: 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: a uniform citation form consistent with subsection (e)(1) of this section and § 7–302 of the Courts Article; and a civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court. 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 name and address of the registered owner of the vehicle; the registration number of the motor vehicle involved in the violation; the violation charged; the location where the violation occurred; the date and time of the violation; a copy of the surveillance image; the amount of the civil penalty imposed and the date by which the civil penalty must be paid; a signed statement by a duly authorized agent of the Department that, based on inspection of surveillance images, the motor vehicle was being used by an individual who was 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 statement that surveillance images are evidence of a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter; information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner: is an admission of liability; may result in the refusal by the Motor Vehicle Administration to register the motor vehicle; and may result in the suspension of the motor vehicle registration. 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: pay the civil penalty, in accordance with the instructions on the citation, directly to Baltimore City; or elect to stand trial in the District Court for the alleged violation. 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: subject to paragraph (2) of this subsection, that: the motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation; or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation; subject to paragraph (3) of this subsection, evidence that the person named in the citation was not the person in the surveillance image committing the violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter; and any other issues and evidence that the District Court deems pertinent. 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. If the District Court finds that the person named in the citation did not commit the violation or receives evidence under paragraph (3) of this subsection identifying the person who committed the violation, the clerk of the court shall provide the Department with a copy of any evidence substantiating who was operating the vehicle at the time of the violation. On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the Department may issue a citation as provided in subsection (e) of this section to the person that the evidence indicates committed the violation. A citation issued under subparagraph (ii) of this paragraph shall be mailed no later than 2 weeks after the receipt of the evidence from the District Court. If the person named in the citation does not pay the civil penalty and does not contest the violation, the Motor Vehicle Administration may: refuse to register the motor vehicle cited in the violation; or suspend the registration of the motor vehicle cited in the violation. A violation for which a civil penalty is imposed under this section: 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. In consultation with the Department, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section.

An individual may not knowingly and willfully make a misrepresentation or false statement as to the age of that individual or another to any person licensed to sell alcoholic beverages or engaged in the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic beverage to an individual.

Except as provided in subsection (b)(1) of this section, and subject to subsection (b)(2) of this section, an individual under the age of 21 years may not: 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 adult furnishes the alcoholic beverage to the individual or allows the individual to possess or consume the alcoholic beverage; the individual possessing or consuming the alcoholic beverage and the adult who furnished the alcoholic beverage to the individual or allowed the individual to possess or consume the alcoholic beverage are members of the same immediate family; and the alcoholic beverage is furnished and consumed in a private residence of the adult or within the curtilage of the residence; the individual consumes the alcoholic beverage as a participant in a religious ceremony; or the individual tastes the alcoholic beverage as a student enrolled in a course or program in enology, fermenting, brewing, or hospitality and tourism at an institution of higher education in accordance with § 1–411 of the Alcoholic Beverages and Cannabis Article. 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.

An individual under the age of 21 years may not possess a card or document that falsely identifies the age of the individual under circumstances that reasonably indicate an intention to violate the provisions of this part.

Except as provided in § 1–411 of the Alcoholic Beverages and Cannabis Article, an individual may not obtain, or attempt to obtain by purchase or otherwise, an alcoholic beverage from any person licensed to sell alcoholic beverages for consumption by another who the individual obtaining or attempting to obtain the beverage knows is under the age of 21 years.

Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if: 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. Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides. The prohibition set forth in subsection (a) of this section: does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished: are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or are participants in a religious ceremony; or does not apply to: an instructor while conducting in–class activities when teaching a course or program in enology, fermenting, brewing, or hospitality and tourism at an institution of higher education in accordance with § 1–411 of the Alcoholic Beverages and Cannabis Article; or an institution of higher education, with respect to the in–class activities of the course or program. 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: are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or are participants in a religious ceremony. A person may not violate subsection (a) or (b) of this section if the violation involves an individual under the age of 21 years who: 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.

Except for a person licensed as an alcoholic beverages licensee under the Alcoholic Beverages and Cannabis Article who possesses a keg in the course of that person’s business, a person may not knowingly: 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 may not allow an individual under the age of 21 years to consume any of the contents of a keg purchased by that person.

A person shall be issued a citation under this section if the person violates: §§ 10–113 through 10–115 or § 10–118 of this part; or § 6–321 or § 6–322 of the Alcoholic Beverages and Cannabis Article. 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: a police officer authorized to make arrests; in State forestry reservations, State parks, historic monuments, and recreation areas, a forest or park warden under § 5–206(a) or (b) of the Natural Resources Article; and subject to paragraphs (2) and (3) of this subsection, in Anne Arundel County, Frederick County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, and Talbot County, and only in the inspector’s jurisdiction, an alcoholic beverages inspector who investigates license violations under the Alcoholic Beverages and Cannabis Article. 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. A person authorized under this section to issue a citation shall issue it if the person has probable cause to believe that the person charged is committing or has committed a Code violation. 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 name and address of the person charged; the statute allegedly violated; the location, date, and time that the violation occurred; the fine that may be imposed; a notice stating that prepayment of the fine is not allowed; a notice that the District Court shall promptly send the person charged a summons to appear for trial; the signature of the person issuing the citation; and a space for the person charged to sign the citation. The form of citation issued to a minor shall: be prescribed by the State Court Administrator; be uniform throughout the State; and contain the information listed in § 3–8A–33(b) of the Courts Article. 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. The District Court shall promptly schedule the case for trial and summon the defendant to appear. Willful failure of the defendant to respond to the summons is contempt of court. 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. In any proceeding for a Code violation: 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: guilty of a Code violation; or not guilty of a Code violation; and 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: a fine not exceeding $500; or if the violation is a subsequent violation, a fine not exceeding $1,000. 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: a fine not exceeding $2,500; or if the violation is a subsequent violation, a fine not exceeding $5,000. The Chief Judge of the District Court may not establish a schedule for the prepayment of fines for a Code violation under this part. When a defendant has been found guilty of a Code violation and a fine has been imposed by the court: 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: a person who is at least 18 but under 21 years of age; or a minor if the minor is subject to the jurisdiction of the court. 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: enter a nolle prosequi in or place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of this State.

A person being issued a citation under §§ 10-113 through 10-119 of this part or § 26-103 of the Education Article may not fail or refuse to furnish proof of identification and age on request of the person issuing the citation. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50. 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.

This section does not apply to a person who: 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. Except as provided in subsection (c) of this section, an adult who violates § 10–116 or § 10–117 of this subtitle is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $2,500 for a first offense; or a fine not exceeding $5,000 for a second or subsequent offense. An adult who violates § 10–117(d) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

In this part the following words have the meanings indicated. “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation Article. “Bus” has the meaning stated in § 11–105 of the Transportation Article. “Cannabis” has the meaning stated in § 5–101 of this article. “Highway” has the meaning stated in § 11–127 of the Transportation Article. “Limousine” has the meaning stated in § 11–129.1 of the Transportation Article. “Motor home” has the meaning stated in § 11–134.3 of the Transportation Article. “Motor vehicle” means a vehicle that: is self–propelled or propelled by electric power obtained from overhead electrical wires; and is not operated on rails. “Motor vehicle” includes: a low speed vehicle, as defined in § 11–130.1 of the Transportation Article; a moped, as defined in § 11–134.1 of the Transportation Article; and a motor scooter, as defined in § 11–134.5 of the Transportation Article. “Moving violation” has the meaning stated in § 11–136.1 of the Transportation Article. “Open container” means a bottle, can, or other receptacle: that is open; that has a broken seal; or from which the contents are partially removed. “Passenger area” has the meaning stated in § 21–903 of the Transportation Article. “Taxicab” has the meaning stated in § 11–165 of the Transportation Article.

This part applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway. This part does not affect the provisions of § 21-903 of the Transportation Article.

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. Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in: a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including: a bus; a taxicab; or a limousine; or the living quarters of a motor home, motor coach, or recreational vehicle. Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibitions contained in this section apply throughout the State. A violation of this section is not: 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 police officer may issue a citation to a person who the police officer has probable cause to believe has committed a violation under this part. A violation under this part is a civil offense. Adjudication of a violation under this part: is not a criminal conviction for any purpose; and does not impose any of the civil disabilities that may result from a criminal conviction. A citation issued under this part shall be signed by the police officer who issues the citation and shall contain: 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 form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine. 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. If a person is found to have committed a violation under this part, the person is subject to a fine not exceeding $25. The court costs for a violation under this part are $5.

In a proceeding for a violation under this part: 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: cross-examine each witness who appears against the defendant; produce evidence and witnesses on the defendant’s own behalf; testify on the defendant’s own behalf if the defendant chooses to do so; and be represented by counsel of the defendant’s own selection and expense; the defendant may enter a plea of guilty or not guilty; the verdict shall be: guilty of a civil violation; or not guilty of a civil violation; and 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. If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court. A defendant’s willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file: an appeal; a motion for a new trial; or a motion for a revision of a judgment. The State’s Attorney for each county may: 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.

In this part, “Salvia divinorum” includes Salvinorin A and any material, compound, mixture, preparation, or product that contains Salvia divinorum or Salvinorin A. Nothing in this part shall prohibit an accredited academic or medical institution or research facility from conducting research on Salvia divinorum or Salvinorin A or a derivative of Salvia divinorum or Salvinorin A. This part does not preempt any local or municipal law regulating the use, possession, or distribution of Salvia divinorum or Salvinorin A.

A person may not distribute Salvia divinorum to an individual under the age of 21 years. In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by an employer, a government unit, or an institution of higher education that positively identified the purchaser or recipient as at least 21 years of age. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: $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. For purposes of this section, each separate incident at a different time and occasion is a separate violation.

An individual under the age of 21 years may not possess Salvia divinorum.

A person who violates § 10–132 of this part shall be issued a citation under this section. A citation for a violation of § 10–132 of this part may be issued by: 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. A person authorized under this section to issue a citation shall issue the citation if the person has probable cause to believe that the person charged is committing or has committed a violation of § 10–132 of this part. 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 name and address of the person charged; the statute allegedly violated; the location, date, and time that the violation occurred; the fine that may be imposed; a notice stating that prepayment of the fine is not allowed; a notice that the District Court shall promptly send to the person charged a summons to appear for trial; the signature of the person issuing the citation; and a space for the person charged to sign the citation. The form of citation issued to a minor shall: be prescribed by the State Court Administrator; be uniform throughout the State; and contain the information listed in § 3–8A–33(b) of the Courts Article. 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. In any proceeding for a Code violation under § 10–132 of this part: 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: guilty of a Code violation; not guilty of a Code violation; or probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case. If the District Court finds that a person has committed a Code violation, the court shall require the person to pay: for a first violation, a fine not exceeding $500; or for a second or subsequent violation, a fine not exceeding $1,000. 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. When a defendant has been found guilty of a Code violation and a fine has been imposed by the court: 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: enter a nolle prosequi in or place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.

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: play a table game or video lottery terminal in a video lottery facility; or enter or remain in an area within a video lottery facility that is designated for table game or video lottery terminal activities. 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 person who violates § 10–136 of this part shall be issued a citation under this section. A citation for a violation of § 10–136 of this part may be issued by: 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. A person authorized under this section to issue a citation shall issue the citation if the person has probable cause to believe that the person charged is committing or has committed a violation of § 10–136 of this part. 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 name and address of the person charged; the statute allegedly violated; the location, date, and time that the alleged violation occurred; the fine that may be imposed; a notice that the District Court promptly shall send to the person charged a summons to appear for trial; the signature of the person issuing the citation; and a space for the person charged to sign the citation. The form of citation issued to a minor shall: be prescribed by the State Court Administrator; be uniform throughout the State; and contain the information listed in § 3–8A–33(b) of the Courts Article. 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. In any proceeding for a Code violation under § 10–136 of this part: 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: guilty of a Code violation; not guilty of a Code violation; or probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case. If the District Court finds that a person has committed a Code violation, the court shall require the person: for a first violation, to pay a fine not exceeding $100; for a second violation, to pay a fine not exceeding $500; or for a third or subsequent violation, to pay a fine not exceeding $1,000 and to participate in gambling addiction treatment. 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. When a defendant has been found guilty of a Code violation and a fine has been imposed by the court: 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: enter a nolle prosequi or place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.