2019 Maryland Code
Health - General
Title 8 - Substance Use Disorders Law.
Subtitle 5 - Alcohol and Drug Abuse -- Publicly Intoxicated Individuals, Court Ordered Evaluations, and Voluntary Treatment
§ 8-501. Disposition of publicly intoxicated individuals

    (a)    (1)    In cooperation with State and local police, the Administration may adopt regulations under which personnel other than the police are authorized to exercise the powers under this section whenever feasible so that the exercise of those powers by the police are reduced to a minimum.

        (2)    The police and other authorized personnel who act under this section are acting within the scope of their official duty.

    (b)    If a publicly intoxicated individual consents or an individual’s health is in immediate danger, the police or other authorized personnel may take or send a publicly intoxicated individual to:

        (1)    The individual’s home;

        (2)    A detoxification center; or

        (3)    Any other appropriate health care facility as defined in § 19-114(d) of this article.

    (c)    Unless a criminal charge is filed, an entry of an action under this section may not be made on the arrest or other criminal record of the intoxicated individual.

    (d)    An individual taken or sent to a detoxification center or a health care facility under subsection (b) of this section may be admitted to the facility with the consent of the director of the facility or the designee of the director.

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