Maryland has a law that was passed during the COVID situation to allow Maryland brewers to deliver beer to consumers using their own trucks. Out of state brewers were not afforded comparable privileges. A Washington brewery, a Pennsylvania brewery, and a Maryland consumer brought a lawsuit to challenge the Maryland law.
The state of Maryland initially sought to have the complaint dismissed on a motion to dismiss but the district court denied motion and ordered a trial to see if Maryland could justify the discriminatory nature of the statute. That two day trial was held in December 2025.
After the trial, the judge ruled against Maryland on Christmas Eve. In his decision, Judge Bennett determined that the state had not provided sufficient enough evidence to justify a law that on its face discriminated against out of state brewers. The court therefore struck the statute prohibiting out of state brewers from shipping to consumers but also stuck the law preventing common carriers from shipping beer.
In January, the state of Maryland filed a motion to alter the judge’s decision because it was overbroad and would prevent Maryland from enforcing several alcohol laws beyond the scope of the plaintiffs’ complaint. In an amended order, the judge agreed to amend his original order to narrow the scope of his ruling. As a result, the prohibition on the state enforcing its laws against out of state brewers is limited to the own delivery and common carrier provisions. It is unknown whether either side will appeal.
Relevant orders are provided below.
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