# Transportation (GTR)

## Title 21. Vehicle Laws -- Rules of the Road

### Subtitle 9. Reckless, Negligent, or Impaired Driving; Fleeing or Eluding Police

#### Section 21-903

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Alcoholic beverage" means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.

  (3) "Cannabis" has the meaning stated in Sec. 5-101 of the Criminal Law Article.

  (4)

    (i) "Passenger area" means an area that:

      (1) Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or

      (2) Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.

    (ii) "Passenger area" does not include:

      (1) A locked glove compartment;

      (2) The trunk of a motor vehicle; or

      (3) If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.

(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.

(c) A driver of a motor vehicle may not consume an alcoholic beverage, or smoke or consume cannabis, in a passenger area of a motor vehicle on a highway.

(d) Notwithstanding Sec. 6-320, Sec. 6-321, or Sec. 6-322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibition contained in this section applies throughout the State.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)