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Age - Is it really nothing but a number?
(Age Requirements in Maryland)


The answer to the above question is: IT DEPENDS. Below you will find answers to many of the questions that may cross your mind as you inch closer to graduation from high school. There are many opportunities for you to venture into the realm of "legal adult activity." Just remember, with opportunity comes responsibility and penalties. Links are provided for those of you who desire to delve deeper into the mysteries of any particular question. All references to Maryland Code provisions can be found at the Maryland Judiciary Webpage. [1]


  1. Basic Information
  2. Health Issues
  3. Leisure Activities
  4. Life, in all its glory!

 BASIC INFORMATION

When are you considered an adult?

When you reach the age of 18 (a/k/a "the age of majority"), you possess, basically, all the rights of an adult in the State of Maryland. [2]

The downside: Your parents can now officially cut you off financially, unless you are still in high school. [3] Once you graduate, get married, turn 19, or drop out, you are on your own! (Unless you have nice and supportive parents, so get those mother's day and father's day cards early!)


When can you break away from your folks?

Emancipation, or the process of getting out from under your parents' control, is not so clear cut in Maryland. There are basically four ways this will occur:

  • You turn 18;
  • You get married, or enter the military;
  • Your parents are abusive, neglectful, or fail to support you; or
  • Your parent agrees to let you be on your own (or kicks you out).
  • For a much more detailed discussion on this topic, see the link below. [4]

[1] http://www.courts.state.md.us/legalsites.html
[2] MD. ANN. CODE, Art. 1, § 24(a)(1)(West 2006).
[3] See fn. 1, supra, at (a)(2).
[4] http://www.peoples-law.org/children/emancipation/emancipation20home.htm


 HEALTH ISSUES [5]

When can you consent to medical treatment?

It depends on the circumstances. [6] In short, you have the same rights as an adult, if:
You are married, or if you have a child;
If the doctor thinks your life or health would be in danger if treatment were delayed; or
If you are seeking treatment or advice for specific areas (drugs, pregnancy, contraception, sexual assault).


What if I need a psychiatrist? (What if my parents think I need a psychiatrist?)

At the age of 16, you have the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, psychologist, or a clinic. [7] However, with respect to privacy, the doctor may give information to a parent or guardian about the treatment needed or provided.

Being "involuntarily admitted" in Maryland requires that you meet five criteria:

  • You have a diagnosed mental disorder;
  • You need inpatient care or treatment;
  • You present a danger to the life or safety of yourself or someone else;
  • You are unable (or unwilling) to be admitted voluntarily; and
  • There is nothing less restrictive that can be done to protect you
    or the other person. [8]

Can I donate blood?

Yes, when you are 17, or 16 with parental consent. [9]


[5] Medical consent provisions can be found here.
      See MD. CODE ANN., HEALTH-GEN., T. 20
[6] MD. CODE ANN., HEALTH-GEN. §20-102 (West 2006).
[7] MD. CODE ANN., HEALTH-GEN. §20-104 (West 2006).
[8] MD. CODE ANN., HEALTH-GEN. §10-617 (West 2006).
[9] MD. CODE ANN., HEALTH-GEN. §20-101 (West 2006).

 "LEISURE" ACTIVITIES

Potent potables? Not until you are 21!

If you want to purchase, drink or hold alcohol in Maryland, you have to be 21! [10] Maryland does allow you to transport alcohol for a lawful purpose if your parents know and consent to it, or if you are doing it for your job. You still can't drink it, though.


When can I smoke?

At age 18. Until then, it is illegal to have cigarettes. In fact, you are not legally allowed to buy rolling papers until you are 18. Oh, and those coupons for cigarettes . . . you aren't allowed to receive them, either. [11] FYI, clove cigarettes are also illegal in Maryland. [12]

The usage of marijuana is not legal in Maryland under any circumstance. The eleven states that legalize marijuana for medical use are Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington. Additionally, in June 2005 the Supreme Court, ruled that the federal government can prosecute medical marijuana patients, even in states that have compassionate use laws. [13]


When can I get a tattoo or piercing?

At age 18, or younger with a parent's permission. [14] However, most tattoo parlors will not tattoo or pierce anyone under 16, even with parental consent.


How could my camera phone get me into trouble?

A word of caution: It is illegal to show a minor (deemed anyone under age 18) an image of a "partially nude picture." Maryland defines that differently for males and females. [15]


Ready to see the world?

Information on how to obtain a passport is available at the U.S. Department of State website. If you are under 14, you will need both parents' or legal guardians' consent. [16]


You gotta play to win (aka "You gotta pay to play!")

You must be 18 to play the lottery in Maryland. [17] You can, however, receive a lottery ticket as a gift prior to turning 18. Of course, someone could always share the prize with you, at any age. Interestingly, bingo is a no-no before age 18 in most counties. [18] Of course, you could write your congressperson to try and change the law!


When can you pawn that necklace your old boyfriend/girlfriend gave you?

Unfortunately, as much as you may despise the old boyfriend or girlfriend, you cannot pawn anything until you are 18. [19]


[10] MD. ANN. CODE, Art. 2B, §1-201(West 2006).
[11] MD. CODE ANN., CRIM. LAW §10-107 (West 2006).
[12] MD. CODE ANN., CRIM. LAW §10-107 (West 2006).

[13] http://www.drugpolicy.org/marijuana/medical/
[14] MD.CODEREGS.10.06.01.06(H)(2006).
        http://www.dsd.state.md.us/comar/10/10.06.01.06.htm
        (See H. - Skin-Penetrating Body Adornment Procedures).
[15] MD. CODE ANN., CRIM. LAW §11-203(a)(6)(West 2006).
[16] http://travel.state.gov/passport/get/first/first_830.html
[17] MD. CODE ANN., STATE GOV’T §9-124 (West 2006).
[18] See MD. CODE ANN., CRIM. LAW, T. 13 and reference
         the particular county in which you reside.
[19] MD. CODE ANN., BUS. REG. §12-213 (West 2006).

 LIFE, IN ALL ITS GLORY!

Do I have to go to school?

Yes, between the ages of 5 and 16-unless you are being home schooled. [20]


Want to vote?

You can register when you turn 18, but it must be in the county where you live. You can register earlier, if you will be 18 on or before the day of the next general or special election. [21]


Ready to drive?

While the official age for obtaining a driver's license is 18, you may be issued a driver's license at 17 years, 9 months of age. You may apply for your learner's permit at 15 years, 9 months of age. You are eligible for a provisional driver's license at 16 years, 3 months of age. [22]

The Maryland Motor Vehicle Administration has a website detailing everything you should know about fake ID's, driving, drinking, and drugs. [23] http://mva.state.md.us/


Want to rent your own place?

At age 18, you may legally enter into a contract. [24] If you enter into a contract prior to age 18 and you are unable to pay your rent, "infancy" or the fact of being under age 18 may be a defense. [25]


Getting a Job when you are under 18 years old?

At age 16, you can go out and get a full-time, 40-hour per week, good old fashioned J-O-B! [26] The current minimum wage set by the federal government is $5.15 per hour.[27]  [28]

Jury duty?

At age 18, you may be selected for jury duty in Baltimore City or the county where you live.[29] If you do not drive and have not registered to vote, do not worry. Potential jurors are selected only from these two sources. If you feel like volunteering for jury duty to get out of work . . . sorry, that is not allowed.

Want to serve your country?

You must be 18, or 17 with written permission from a parent. [30]


Want to become a United States citizen?

The qualifications for citizenship are relatively simple. Most importantly, you must enter the country legally; you must be 18 years of age or older; you must have been a permanent resident of the United States for five years (or for three years if you are married to an American citizen); you must have the ability to read, write and speak English; you must possess basic knowledge of U.S. History and government (be thankful this isn't a requirement to keep your natural citizenship; some of us might be in trouble!); and you must have good moral character.

The Maryland Department of Human Resources has a website full of useful information related to the Maryland Office for New Americans (MONA), located at http://www.dhr.state.md.us/mona/index.htm. The United States Department of Homeland Security has a website dedicated to Citizenship and Immigration Services, located at http://uscis.gov/graphics/index.htm.


Ready to get married?

At age 18, you may marry a member of the opposite sex [31] without any restrictions. There are certain relatives that you cannot marry, like your grandmother or brother. [32] At age 16 or 17, you must have the consent of a parent OR you must have a letter from a physician stating he has examined the bride-to-be and that she is pregnant or has given birth to a child. [33]


You might want to make a will? (That way YOU decide who gets your stuff!)

At age 18, Maryland allows you to make a will and decide who you want to have all of your earthly possessions. [34] Of course, you have to be legally competent.


The 2nd Amendment! (Were you paying attention in government class?)

You may not legally purchase or possess a handgun until you reach the age of 21. [35] Be aware that there are many disqualifying factors that will preclude you from obtaining a permit. [36]


[20] MD. CODE. ANN., EDUC. §7-301(West 2006).
[21] MD. CODE ANN., ELEC. LAW §3-102 (West 2006).

[22] MD. CODE ANN., TRANSP. §16-103 (West 2006).
[23] http://www.marylandmva.com/DriverServ/ROOKIEDRIVER/youngdriver.htm
[24] MD. CODE ANN., COM. LAW §1-103 (West 2006).
[25] MD. CODE ANN., COM. LAW §3-305 (West 2006).
[26] MD. CODE ANN., LAB. & EMPL. §3-211 (West 2006).
[27] http://www.dol.gov/dol/topic/wages/minimumwage.htm
[28] http://www.dol.gov/elaws/faq/esa/flsa/003.htm
[29] MD. CODE ANN., CTS. & JUD. PROC. §8-104 (West 2006).
[30] 10 U.S.C. §505 (West 200x).
  
       United States Code sections can be found at http://www.gpoaccess.gov/uscode/.
[31] MD. CODE ANN., FAM. LAW §2-201 (West 2006).
[32] MD. CODE ANN., FAM. LAW §2-202 (West 2006).
[33] MD. CODE ANN., FAM. LAW §2-301 (West 2006).
[34] MD. CODE ANN., EST. & TRUSTS §4-101 (West 2006).
[35] MD. CODE ANN., PUB. SAFETY §5-134 (West 2006).
[36] MD. CODE ANN., PUB. SAFETY §5-306 (West 2006).



Source: MSBA, Leadership Academy Fellows, Carlos Braxton.  Updated by the Maryland State Law Library (MSLL).
Last legal review: 6/27/08 (PLL/M.A.J.)


 
Is this legal advice?  This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland Legal Assistance Network (MLAN) sponsors this site in collaboration with a number of legal services providers serving low and moderate income Marylanders. The Legal Aid Bureau is a major partner and contributor. In addition, a wide range of attorneys and advocacy organizations provide the information on the site. Most files indicate author and attribution information. In the absence of file-specific attribution or copyright, the Maryland Assistance Network (MLAN/MLSC) holds the copyright (all rights reserved) subject to the following exception. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: People’s Law Library of Maryland – www.peoples-law.org © Maryland Legal Assistance Network / MLSC, 1999-2007.”

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