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Maryland
Maryland
Maryland

Identification

  • Acceptable Identification
    • MDOT MVA Identification Requirements
    • Maryland Vehicle Law, Title 12, §12-301 (Driver’s License Requirements)
    • Acceptable forms of identification in Maryland depend on the context (e.g., voting, driving, employment, etc.). Common types of acceptable ID include:
      • Maryland driver’s license or state-issued ID card.
      • U.S. passport or passport card.
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD).
      • Military ID or Veteran’s ID.
      • Tribal ID (if federally recognized).
      • Foreign passport with a valid U.S. visa or I-94 form.
  • Acceptable Digital Identification
    • MDOT MVA Identification Requirements
    • Maryland Mobile ID Information
    • Apple Wallet Digital ID Program in Maryland
    • Maryland has begun adopting Digital IDs as part of its partnership with Apple’s Digital Wallet Program. Maryland residents can now add their Maryland driver’s license or state ID to their Apple Wallet for use in certain contexts, such as:
      • TSA checkpoints at participating airports.
      • Other limited uses where digital IDs are accepted.
         As of now, digital IDs are not universally accepted in Maryland and are primarily used for travel and identification purposes at federal facilities.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • MDOT MVA Identification Requirements
    • REAL ID Act Overview
    • Maryland Driver’s License or State ID (Physical ID):
      To obtain a Maryland driver’s license or state ID, applicants must meet the following requirements under Maryland Vehicle Law, Title 12, §12-301:

      • Proof of Identity:
        • U.S. passport, birth certificate, or permanent resident card.
      • Proof of Social Security Number:
        • Social Security card or W-2 form.
      • Proof of Maryland Residency:
        • Utility bill, lease agreement, or official mail.
      • Legal Presence in the U.S.:
        • For non-citizens, a valid visa, I-94 form, or Employment Authorization Document (EAD) is required.
    • Digital IDs:
       To add a Maryland ID to a digital wallet, individuals must have:

      • A valid Maryland driver’s license or state ID.
      • A compatible smartphone ( iPhone with the Apple Wallet app).
      • Completion of identity verification through the Maryland Motor Vehicle Administration (MVA) or the digital wallet app.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Answer
    • MDOT MVA Identification Requirements
    • Immigrant Rights and Licenses in Maryland
    • Non-citizens and foreign nationals in Maryland can use the following forms of identification:
      • Foreign Passports (must be valid and include a U.S. visa or I-94 form, if applicable).
      • Employment Authorization Document (EAD) issued by USCIS.
      • Permanent Resident Card (Green Card).
      • Maryland Driver’s License or State ID (see below for requirements for non-citizens).
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Immigrant Rights and Licenses in Maryland
    • MDOT MVA Identification Requirements
    • REAL ID Act Overview
    • Maryland State Code  §16-121
    • Maryland Comptroller Tax Filing
    • Yes, Maryland allows undocumented individuals to obtain a Maryland driver’s license or state ID under specific conditions. These licenses are known as “non-compliant” licenses because they do not meet federal REAL ID standards. Requirements include:
      • Proof of Maryland Residency:
        • Two documents showing residency, such as a utility bill or bank statement.
      • Proof of Tax Filing:
        • Undocumented individuals must provide proof that they have filed Maryland income taxes for the past two years (e.g., tax returns or W-2 forms).
      • Identity Verification:
        • Foreign passport or consular ID card.
           These licenses are marked to indicate they are not valid for federal purposes, such as boarding flights or entering federal buildings.
  • What privacy protections are in place for Digital Id’s in this state?
    • Answer
    • Maryland Mobile ID Information 
    • NIST Digital Identity Standards
    • Maryland State Law:
       The Maryland Mobile ID program incorporates privacy protections to ensure users control their personal information. Key protections include:

      • Selective Disclosure: Users can share only the necessary information (e.g., age verification without revealing full date of birth).
      • Encryption: All data is encrypted to prevent unauthorized access.
      • User Consent: The individual must approve any access to their digital ID information.
      • Data Minimization: Digital IDs are designed to limit the amount of personal information shared during transactions.
    • Federal Guidelines:
       Maryland’s Mobile ID program complies with NIST (National Institute of Standards and Technology) guidelines for digital identity verification.
  • Can Digital IDs be legally used for law enforcement verification?
    • Answer
    • Maryland Mobile ID Information
    • Maryland State Code  §16-121
    • Yes, Maryland Mobile IDs can be used for law enforcement verification, but their acceptance depends on the specific circumstances and the discretion of the law enforcement officer. For example:
      • Traffic Stops: Maryland law allows drivers to present a digital driver’s license or ID during a traffic stop if the officer has the technology to verify it.
      • Other Law Enforcement Interactions: Digital IDs may be accepted for identity verification purposes, but individuals should always carry a physical ID as a backup, as not all agencies are equipped to process digital IDs.

Alcohol

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • FDA Tobacco 21 Overview
    • Maryland State Code
    • In Maryland, individuals must generally be 21 years old to enter a cigar shop, smoke shop, or smoking lounge unless accompanied by a parent or guardian (subject to retailer discretion).
  • Age permitted to use Tobacco
    • FDA Tobacco
    • Federal Law:
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult
    • Maryland State Law:
      • Maryland law prohibits individuals under the age of 21 from using or possessing tobacco products, including traditional tobacco and vaping products.
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
  • What is the consumable limit (if any)
    • Maryland Health-General Code §24-501
    • Maryland does not impose a specific legal limit on the amount of tobacco an individual may consume. 
    • Public smoking and vaping are restricted in certain areas under Maryland’s Clean Indoor Air Act. Smoking is prohibited in enclosed public spaces, workplaces, and certain outdoor areas.
  • What is the purchase limit (if any)
    • There are no statewide purchase limits for tobacco in Maryland, but individual retailers may impose their own restrictions.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • FDA Tobacco 21 Overview
    • FDA Tobacco Regulation
    • Maryland Comptroller Tobacco Licensing
    • Yes, vaping products are regulated similarly to traditional tobacco products in Maryland, but additional restrictions apply:
      • Vaping products are subject to the same age restriction (21+) as traditional tobacco products.
      • Vaping products are taxed differently: Maryland imposes a 12% sales tax on open-system vaping devices and a 60% tax on the wholesale price of vaping liquids in closed systems (e.g., disposable e-cigarettes or pods).
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • FDA Flavored E-Cigarette Ban
    • Montgomery County Tobacco and Vape Restrictions
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Maryland has not enacted a statewide ban on flavored vaping products beyond the FDA’s restrictions. Local jurisdictions within Maryland (Montgomery County) may impose additional restrictions on flavored tobacco or vaping products.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Controlled Substances Act
    • Maryland Cannabis Administration
    • Maryland Question 4 (2022):
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812). Federal law does not regulate access to cannabis retailers, as cannabis is only legal under state laws.
    • Maryland State Law
      • Individuals must be 21 years old to enter a recreational cannabis dispensary.
      • Medical cannabis dispensaries may allow individuals under 21 to enter only if they are registered as a medical cannabis patient or a caregiver.
  • Age permitted to use Cannabis
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • Can minors obtain medical cannabis with a prescription?
    • Controlled Substances Act
    • Maryland Cannabis Administration
    • Maryland Medical Cannabis Commission (MMCC):
    • Yes, minors can obtain medical cannabis in Maryland under the following conditions:
      • The minor must be registered as a medical cannabis patient with the Maryland Medical Cannabis Commission (MMCC).
      • The minor must have a valid certification from a licensed healthcare provider recommending medical cannabis for a qualifying condition (chronic pain, epilepsy, cancer).
      • A caregiver, typically a parent or legal guardian, must be designated to purchase and administer the medical cannabis on behalf of the minor.
         Minors are not permitted to purchase or possess cannabis themselves; the caregiver is responsible for obtaining and managing the medical cannabis.

Adult Media

  • Age permitted to access Adult Content ONLINE
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Maryland law requires individuals to be at least 18 years old to enter adult retail stores (sex shops) and venues featuring adult entertainment, such as strip clubs or burlesque shows.
    • Local jurisdictions may impose additional restrictions, such as zoning laws or curfews for adult entertainment venues.
    • Alcohol-Serving Venues:
      • If the adult entertainment venue serves alcohol, individuals must be at least 21 years old to enter, as required by Maryland’s alcohol laws.
  • Are websites required to verify age for accessing adult content?
  • What penalties exist for providing minors access to adult material online?
    • Maryland Criminal Law § 11-202 (Obscenity Laws)
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
    • Federal Law:It is a federal offense to knowingly distribute obscene materials to minors. Penalties include:
      • Fines: Up to $250,000.
      • Imprisonment: Up to 10 years.
    • Maryland State Law:It is illegal to knowingly distribute obscene materials to minors. Penalties may include:
      • Misdemeanor Charges: For first offenses.
      • Fines: Up to $1,000.
      • Imprisonment: Up to 1 year for first offenses, with harsher penalties for repeat offenders.
      • Civil Liability:
         Parents or guardians of minors may also file civil lawsuits against individuals or entities that knowingly provide obscene materials to minors.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • Maryland Department of Labor
    • Maryland DOL Employment Standards
    • Trafficking and Coercion Laws
    • Federal Law:
       Federal law imposes strict requirements on adult content creators and producers, including:

      • Record-Keeping Requirements: Under Title 18 U.S.C. § 2257, producers must verify and maintain records of performers’ ages to ensure they are at least 18 years old.
      • Consent Requirements: Performers must provide written consent for the creation and distribution of adult content.
      • Prohibition of Coercion: Federal laws, including 18 U.S.C. § 1591 (Trafficking Victims Protection Act), prohibit coercion, exploitation, or trafficking in the adult entertainment industry.
    • Maryland State Law:
       Maryland law does not impose additional restrictions specific to adult content creators beyond federal requirements. Maryland’s general labor laws apply, including:

      • Prohibition of Exploitation or Coercion: Employers cannot force individuals to engage in adult entertainment against their will.
      • Tax and Employment Compliance: Adult content creators must comply with Maryland tax laws and employment regulations if they are classified as employees rather than independent contractors.

Voting

  • Age permitted to register to vote in the state
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • Help America Vote (HAVA)
    • Md. Code, Election Law § 9-404
    • Maryland Voter Registration and Voting Information
    • Maryland does not generally require voters to present identification (ID) to vote on a regular ballot. Except for the following:
      • First-Time Voters: If a voter is voting for the first time in Maryland and registered by mail without providing proof of identity, they will need to show ID. Acceptable forms of ID include:
        • A Maryland driver’s license or state-issued ID card.
        • A utility bill, bank statement, paycheck, or government document that shows the voter’s name and address.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Help America Vote (HAVA)
    • Md. Code, Election Law § 9-404
    • Maryland Voter Registration and Voting Information
    • Voters casting a provisional ballot in Maryland may be required to provide identification if:
      • They are a first-time voter who registered by mail and did not provide proof of identity.
      • Their voter registration status is in question.
         Acceptable forms of ID for provisional ballots include:

        • A Maryland driver’s license or state-issued ID card.
        • A utility bill, bank statement, paycheck, or government document that shows the voter’s name and address.
           If the voter does not have ID at the time of voting, they may still cast a provisional ballot and provide the required documentation to the local board of elections by the deadline (usually the day after the election)
  • Voter Restrictions/ Requirements in place federally and within the state.
    • National Voter Registration Act of 1993 (NVRA)
    • Twenty Sixth Amendment – US Constitution
    • Maryland Voter Registration and Voting Information
    • Md. Code, Election Law § 3-102
    • Federal Voter Restrictions/Requirements:
      • Citizenship Requirement:
         Under federal law, only U.S. citizens can vote in federal elections. Non-citizens, including permanent residents (Green Card holders), are prohibited from voting.
      • Age Requirement:
         The 26th Amendment sets the minimum voting age at 18 years old for federal elections.
      • Felony Disenfranchisement:
         Federal law allows states to determine their own policies on whether individuals convicted of felonies can vote.
      • Voter Registration Requirements:
         Federal law requires individuals to register to vote before participating in elections, except in states with same-day registration.
    • Maryland Voter Restrictions/Requirements:
      • Residency Requirement:
         Voters must be residents of Maryland and the specific county in which they are voting.
      • Felony Disenfranchisement:
         Maryland permits individuals with felony convictions to vote after completing their prison sentence. Parole or probation does not disqualify individuals from voting.
      • Mental Competency:
         Maryland law prohibits individuals from voting if a court has declared them mentally incompetent to vote.
      • Voter Registration Deadline:
         Maryland allows same-day voter registration during early voting or on Election Day. Individuals must provide proof of residency to register and vote on the same day.
      • Proof of Identity for First-Time Voters:
         As noted earlier, first-time voters who registered by mail without providing ID must show identification when voting.

Employment

  • Minimum Age to work in the state
    • At what age can minors legally begin working in this state?
      • Answer
    • Are there different age requirements for different types of jobs (hazardous work, agriculture, entertainment industry, etc.)?
      • Answer
  • Work Permit Requirements for Minors
    • Answer
  • Restrictions on Work Hours for Minors
    • Are there limits on how many hours a minor can work per day or per week?
      • Answer

Legal

  • Laws on Presenting Identification to Law Enforcement
    • MD Code §2–109
    • Terry v. Ohio, 392 US
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • Maryland State Law:
         Maryland does not have a “Stop and Identify” law, meaning individuals are generally not required to show ID unless:

        • They are operating a motor vehicle.
        • They are being arrested or detained based on probable cause.
        • They are in a situation where other specific laws (curfew or loitering laws) apply.
    • Can you be detained or arrested for refusing to show ID?
      • In Maryland, refusing to show ID is not grounds for arrest unless the individual is legally obligated to provide it (during a traffic stop) or their refusal obstructs a lawful investigation.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Maryland does not have a “Stop and Identify” law.
         This means that individuals are generally not required to provide identification during a police stop unless they are being detained for specific reasons (driving a vehicle or violating a curfew). Police may still ask for ID, but individuals have the right to decline unless legally obligated to comply.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Individuals in Maryland have the right to remain silent and refuse to provide ID in most situations, except where specific laws require identification ( traffic stops or curfew enforcement). Refusing to provide ID in these situations may lead to legal consequences.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • There is no general requirement to carry ID in public places in Maryland, except in specific circumstances (driving or curfew enforcement).
    • Are there curfew or loitering laws requiring ID verification?
      • Baltimore City Website
      • Some local jurisdictions in Maryland, such as Baltimore, enforce curfew laws for minors. Police may ask for ID to verify a minor’s age if they are stopped during curfew hours.
        • For example, in Baltimore, minors under the age of 17 are subject to curfew laws, which generally prohibit them from being in public places during late-night hours without a parent or guardian.
  • Traffic Stops and ID Requirements
    • Maryland Department of Transportation Regulations and Guidelines
    • Driver’s License Requirements
    • Title 11 department of Transportation
    • Are you required to provide an ID when pulled over by law enforcement?
      • Drivers in Maryland are required to carry and present a valid driver’s license when stopped by law enforcement. Failure to do so may result in a citation or fine.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to provide a driver’s license during a traffic stop can result in being charged with a misdemeanor under Maryland Transportation Code § 16-112.
      • Penalties may include a fine and, in some cases, arrest if the refusal obstructs the officer’s investigation.
  • Passenger ID Requirements in Vehicles
  • Curfew Laws for Minors
    • Baltimore City Website
    • Md. Code, Local Gov’t § 11-305
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Some local jurisdictions in Maryland, such as Baltimore, enforce curfew laws for minors. Police may ask for ID to verify a minor’s age if they are stopped during curfew hours.
        • For example, in Baltimore, minors under the age of 17 are subject to curfew laws, which generally prohibit them from being in public places during late-night hours without a parent or guardian.
    • What are the penalties for violating curfew laws?
      • Penalties may include:
        • A warning or citation issued to the minor.
        • Fines or required community service for the minor’s parents or guardians.
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • Police may demand ID if someone is suspected of trespassing, as this constitutes a criminal offense under Maryland Criminal Law § 6-402.
      • If an individual refuses to provide ID or their name, they may be charged with obstruction of justice or hindering a police officer.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusal to provide ID in such cases may lead to arrest or additional charges, as it may obstruct the officer’s investigation.