Maryland House Bill HB477

Maryland 2022 Regular Session

• Introduced: 1/21/22
• Refer: 1/21/22

Caption

Cigarettes, Tobacco Products, and Electronic Smoking Devices – Local Law Authorization

Impact

If passed, HB477 would significantly impact local jurisdictions by providing them with the flexibility to tailor regulations based on their unique public health needs. This could lead to stricter controls on tobacco sales in areas that experience higher rates of smoking-related illnesses or where there is a community desire for stricter regulations. The bill intends to empower local governments to act independently in protecting consumer public health, potentially leading to diverse regulations that reflect local values and priorities.

Summary

House Bill 477 seeks to grant counties and municipalities in Maryland the authority to enact and enforce local laws that regulate the sale and distribution of cigarettes, other tobacco products, and electronic smoking devices. This legislative measure is aimed at enhancing local governance over public health concerns associated with tobacco use and electronic smoking. The bill articulates that local laws can be enacted, provided they are at least as stringent as existing state regulations, except for the issuance of licenses and taxation, which remain state-controlled.

Contention

The bill is designed to counter a previous ruling by the Court of Appeals in the case of Altadis U.S.A., Inc. v. Prince George’s County, which may have limited local governments' attempts to regulate tobacco products more stringently than state law. As communities grapple with the public health implications of tobacco and vaping products, the bill has sparked discussions among lawmakers, public health advocates, and the tobacco industry, with debates hinging on the balance between effective regulation and industry profits.