Maryland prohibits handling, carrying, or using firearms while impaired by alcohol or drugs. This restriction applies to all concealed carry permit...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Maryland prohibits handling, carrying, or using firearms while impaired by alcohol or drugs. This restriction applies to all concealed carry permit holders and is enforced through both statutory law and administrative regulations. Violations can result in permit revocation, criminal charges, and loss of firearm possession rights.
Under COMAR 29.03.02.02(D) (Code of Maryland Regulations, Maryland State Police — Handgun Permits):
"A permit holder may not wear, carry, or transport a handgun while under the influence of alcohol or drugs."
This is a strict administrative rule that applies whenever a Maryland Handgun Wear and Carry Permit holder is armed in public. The regulation does not specify a numeric blood alcohol concentration (BAC) threshold for carrying — the prohibition is triggered by being "under the influence" of alcohol or drugs.
Source: COMAR 29.03.02.02, issued pursuant to Public Safety Article § 5-306(a), Annotated Code of Maryland.
Under COMAR 29.03.01.11(B)(3) (Secondary Sales of Regulated Firearms):
"A person may not sell, rent, or transfer a regulated firearm to ... a purchaser, lessee, or transferee who is visibly under the influence of alcohol or drugs."
This means a permit holder who is visibly impaired cannot lawfully receive a firearm from another person, even in a private secondary sale.
Maryland law bars "habitual drunkards" from purchasing or possessing regulated firearms. Per the Maryland State Police:
"Habitual drunkard is a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year."
Statutory reference: Md. Code, Transportation Article § 21-902 (driving while impaired/under the influence statutes).
Effect on permit holders: A conviction record meeting this definition is a disqualifying condition for firearm purchase and possession under the Maryland Public Safety Article.
A person found guilty of two controlled dangerous substance crimes, one within the past 5 years, is a "habitual user" and is prohibited from possessing regulated firearms under Maryland law.
"Habitual user is a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years."
Source: Maryland State Police FAQs (mdsp.maryland.gov).
Even with a valid Maryland medical cannabis card or under Maryland's legal personal-use cannabis framework, federal law prohibits firearm possession:
"Federal law bars medical cannabis patients and personal cannabis users from purchasing or possessing firearms. The Federal Gun Control Act, 18 U.S.C. § 922(g)(3), prohibits any person who is an 'unlawful user of or addicted to any controlled substance' ... from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law."
Penalty for false statement: Failing to disclose cannabis use on a firearm purchase application is punishable by up to 10 years in prison and a fine up to $250,000.
Source: Maryland State Police, Regulated Firearm Purchases FAQ.
While not firearm-specific, impaired driving convictions feed into the "habitual drunkard" disqualification. Per Maryland State Police:
Maryland troopers use the Standard Field Sobriety Test and may use preliminary breath testers roadside. If a driver's BAC is 0.05 or less, it is presumed the person was not under the influence of alcohol and not driving while impaired by alcohol.
Statute: Md. Code, Transportation Article § 21-902.
Under COMAR 08.03.16.03(C) and Natural Resources Article § 10-410(i):
A person convicted of "carrying a firearm while hunting under the influence of alcohol or a narcotic drug" faces a hunting license suspension of 3 years and is prohibited from engaging in any hunting activity or applying for any hunting license, permit, or stamp during that period.
This is a separate offense from concealed carry impairment but reinforces Maryland's broad policy against armed impairment.
Maryland's Public Safety Article Subtitle 6 (§§ 5-601 through 5-608) allows courts to issue Extreme Risk Protective Orders (ERPOs) requiring surrender of firearms and ammunition when a respondent poses an "immediate and present danger of causing personal injury" by possessing a firearm.
All three order types require surrender of firearms and ammunition to law enforcement and prohibit purchase or possession for the duration of the order.
| Citation | Topic |
|---|---|
| COMAR 29.03.02.02(D) | Permit holder may not carry while under the influence of alcohol or drugs |
| COMAR 29.03.01.11(B)(3) | Prohibits firearm transfer to visibly impaired persons |
| Md. Pub. Safety Art. § 5-133 | Restrictions on possession of regulated firearms (habitual drunkard/user) |
| Md. Pub. Safety Art. § 5-306 | Handgun permit authority |
| Md. Transp. Art. § 21-902 | Driving under the influence / while impaired |
| Md. Nat. Res. Art. § 10-410(i) | Carrying firearm while hunting under the influence |
| COMAR 08.03.16.03 | Hunting license suspensions for firearm-alcohol offenses |
| 18 U.S.C. § 922(g)(3) | Federal bar on firearm possession by unlawful drug users (includes cannabis) |
| Md. Pub. Safety Art. §§ 5-601 to 5-608 | Extreme Risk Protective Orders |
This reference summarizes Maryland law as of April 2026. Laws and regulations change — verify current text with official sources or consult a licensed Maryland attorney before relying on this information in any legal matter.
This page covers one part of our Maryland concealed carry guide.
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