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Statutes Text

Article - Transportation


    (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 § 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 § 6–320, § 6–321, or § 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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