Underage drinking is illegal in Maryland. Maryland has taken steps to codify its underage drinking law, and create a single, non-criminal method of dealing with underage consumption of alcohol. Three general classes of offenses are created by this Maryland Alcohol Beverage Code.

Generally, a person under 21 may not "possess" alcohol. The only exception is that a person who works in an establishment which has an alcohol license may handle alcohol during the course of his employment and during working hours. This provision is under Art. 27, sec. 400A and is often known as "27-400A."

Kegs can only be purchased by someone who is 21 or older. Every keg in the state is registered. It is an offense under the Maryland Alcohol Beverage Code to knowingly possess an unregistered keg, or to remove or destroy the registration on a keg. It is also an offense to allow someone under 21 to drink from the keg.

A person may not furnish another person whom they know is under 21. This includes adults on their own property; they cannot provide people under 21 with alcohol. There are two important exceptions to this offense: (1) if both the furnisher and the receiver are "participants in a religious ceremony," or (2) or the provider and the receiver are members of the same immediate family and the alcohol is consumed in the family residence. Moreover, a person over 21 may not obtain alcohol from a retailer to give to person he or she knows is under 21.

If a law enforcement officer has "probable cause" to believe any of the offenses described above are taking place, he can write a citation. This citation must be signed be the person charged, not as an admission of guilt but merely to show they received it. If, in the process of issuing the citation, the officer asks to see ID, it must be shown to him. If a person charged fails to appear in court when a trial is set, that person is in contempt and can be arrested by a warrant anywhere in the state.

If the person charged is under 18, the case is referred to Juvenile Court to be handled there. If the person is over 18, however, the case will be handled in District Court. The State must prove the violation beyond a reasonable doubt, just as in a criminal case. The person charged is entitled to cross-examine witnesses, call his own witnesses and may hire a lawyer.

If found guilty, the court may impose up to a $500 fine for the first offense and $1000 fine for the second. In Allegany County, the District Court judges start with $50 fines and double it for each subsequent offense, which can rapidly get expensive if someone continues to drink underage and get convicted. The court may also suspend the fine, place the person on probation before judgment (PBJ), or defer the fine for other sanctions such as community service. If the offense involved a false identification, that may be reported to the Motor Vehicle Administration, which involves suspension of your actual license. A finding of guilt may be appealed to the circuit court.

It is important to remember that a conviction for any of these alcohol offenses is not a criminal conviction, and forms no part of a criminal record. The sanctions are quite serious, however and a person receives nearly all the rights in these Code violations that he would get in a criminal case. As always, it is important to know the law, know your rights and to use them.

The City of Frostburg has an ordinance banning the public consumption of alcohol. It makes consumption of alcohol in or on any public street, avenue, alley, lane, sidewalk or other public place unlawful.

There are several important exceptions to this ordinance. A person may consume alcohol (assuming, of course, they are 21 or older) on property they own or rent. They may also allow guests to drink alcohol on their property. Also, they and their guests may drink alcohol on any property immediately adjacent to the property they own or rent.

Alcohol may also be consumed in any property which is licensed to sell alcohol. Most importantly, alcohol may be consumed in any public park in Frostburg where the park rules and regulations allow it.

Anyone violating this section receives a citation. The penalty for a first offense is $100; for a second, $200. A person who is issued a citation may pay the fine by mail or in person within 20 days. A person also may write to the City of Frostburg, City Hall, P.O. Box 440, Frostburg, MD 21532, and state that he or she wants a hearing on the matter. A hearing will be scheduled in the District Court. That hearing is conducted just like a criminal trial. The person may cross-examine witnesses, produce his own witnesses and hire a lawyer to represent him.

If a person simply ignores the citation, doesn’t pay the fine and doesn’t request a trial, the City will double the fine. If that doubled fine is not paid within 35 days, the District Court will schedule a hearing and command the person to appear. Failure to appear at such a hearing means the person will be arrested on a bench warrant.

Public consumption of alcohol is not a criminal offense. However, the penalty for drinking in public is fairly steep. Everyone should be aware of, and follow, the law on public consumption of alcohol.