5 things to know about Maryland’s open container laws

The sun is out, the weather is warm and picnics in the park or hangouts at the harbor are beckoning.

But can you take that six-pack of beer with you? Here’s what Maryland’s open container laws have to say.

Open containers in public spaces are generally not allowed.

Whether you’re at a park, a beach or a city square, drinking in a public area isn’t allowed in Maryland unless it’s part of an event that has permission to serve alcoholic beverages.

“It’s not like New Orleans, where you can walk around with an open container,” said Randolph Rice, a partner at the law firm Rice Murtha & Psoras.

Rice grew up in Louisiana and went to school in New Orleans, where drinking in the streets is allowed as part of the city’s culture of “laissez les bons temps rouler” — let the good times roll. Most other parts of the country aren’t nearly as permissive with their public drinking laws.

“In Maryland, there really is nowhere that it’s legal,” Rice said.

Baltimore’s liquor board does, however, issue permits for festivals where alcoholic drinks are sold. That’s why you can stroll Artscape, for instance, with a drink in hand, or sip a glass of rosé at the Wine Village in the Inner Harbor.

The law isn’t always enforced.

Consumption of alcoholic beverages in public is a misdemeanor under Maryland law, with a relatively minor punishment of a fine up to $100.

But Rice said public drinking and open container laws aren’t frequently enforced on their own.

“The police usually look the other way if you’re not being loud, obnoxious, or doing it openly,” he said. “It’s when you start being a problem, that’s when they say, alright, we’re going to enforce this rule.”

The attorney said it’s more likely an open container citation would be tacked on to more serious charges, like public intoxication and causing a public disturbance.

“The open container laws are really the low end of the statute,” he said.

Ocean City has stricter laws than most of the state.

You might want to think twice about a beer on the beach: Ocean City strengthened its open container policy about a decade ago in an effort to crack down on public and underage drinking.

The town’s law empowers police officers to arrest people who are drinking outside. But officers also have the discretion to issue a criminal citation for an open container, instead.

Rice said most of the open container and public drinking cases he deals with are coming out of the summer destination.

“Ocean City is very savvy about protecting their image,” he said. “They want to make sure it’s still a family destination. They don’t want people drinking in public, drinking on the beach, walking down Coastal Highway.”

Open containers aren’t allowed in cars, either.

Drinking while driving is against the law, and so is drinking while you’re a passenger in a car.

Maryland law treats open containers held by car passengers as a civil citation, punishable by a small fine of up to $25. A driver won’t be held responsible for a passenger’s open beer bottle, however.

There are some instances where drinking in a vehicle is allowed. If you book a limousine or charter a party bus, you can cheers away. Alcoholic beverages are also permitted in the living quarters or a motor home or recreational vehicle.

You can’t leave a bar or restaurant with an open container — with one exception.

Cocktails to-go became a saving grace for some bars and restaurants struggling to survive the COVID-19 pandemic. As of July 2021, however, they’re not allowed in Baltimore.

Some Baltimore eateries still have permission, under their liquor licenses, to sell packaged goods for customers to take off premises. But those bottles and cans need to be factory-sealed to avoid an open container violation.

There is an exception to the rule: If you bought a bottle of wine to drink at dinner, a restaurant is allowed to recork or recap the bottle and send it home with you. Just remember to put it in the trunk of your car if you’re driving home.