EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1227*
HOUSE BILL 1227
C2, J1, E1 2lr2938
By: Delegates Hill and Ruth
Introduced and read first time: February 11, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Regulation of Tobacco Products – Synthetic Nicotine 2
FOR the purpose of specifying in provisions of law governing the regulation of tobacco 3
products in the State that a “tobacco product” includes certain products that are 4
made of, derived from, or contain nicotine from any source, including synthetic 5
nicotine; and generally relating to the regulation of tobacco products in the State. 6
BY repealing and reenacting, with amendments, 7
Article – Business Regulation 8
Section 16–3A–01(c) and 16.5–101(j) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
Section 10–101(d) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health – General 18
Section 13–1001(u) and 24–307 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Local Government 23
Section 1–1201(c) 24
Annotated Code of Maryland 25
(2013 Volume and 2021 Supplement) 26
2 HOUSE BILL 1227
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
16–3A–01. 4
(c) (1) “Tobacco product” means any product that is: 5
(i) intended for human inhalation, absorption, ingestion, smoking, 6
heating, chewing, dissolving, or any other manner of consumption that is made of, derived 7
from, or contains: 8
1. tobacco; or 9
2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 10
NICOTINE; or 11
(ii) an accessory or a component used in any manner of consumption 12
of a product described in item (i) of this paragraph. 13
(2) “Tobacco product” includes: 14
(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 15
(ii) electronic smoking devices; and 16
(iii) filters, rolling papers, pipes, and liquids used in electronic 17
smoking devices regardless of nicotine content. 18
(3) “Tobacco product” does not include a drug, device, or combination 19
product authorized for sale by the U.S. Food and Drug Administration under the Federal 20
Food, Drug, and Cosmetic Act. 21
16.5–101. 22
(j) (1) “Other tobacco products” means, except as provided in paragraph (3) of 23
this subsection, a product that is: 24
(i) intended for human consumption or likely to be consumed, 25
whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other 26
manner, and that is made of or derived from, or that contains: 27
1. tobacco; or 28
2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 29
NICOTINE; or 30 HOUSE BILL 1227 3
(ii) a component or part used in a consumable product described 1
under item (i) of this paragraph. 2
(2) “Other tobacco products” includes: 3
(i) cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and 4
snus; and 5
(ii) filters, rolling papers, pipes, and hookahs. 6
(3) “Other tobacco products” does not include: 7
(i) cigarettes; 8
(ii) electronic smoking devices; 9
(iii) drugs, devices, or combination products authorized for sale by 10
the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; 11
or 12
(iv) tobacco pipes, as defined under § 11–104 of the Tax – General 13
Article. 14
Article – Criminal Law 15
10–101. 16
(d) (1) “Tobacco product” means a product that is: 17
(i) intended for human inhalation, absorption, ingestion, smoking, 18
heating, chewing, dissolving, or any other manner of consumption that is made of, derived 19
from, or contains: 20
1. tobacco; or 21
2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETI C 22
NICOTINE; or 23
(ii) an accessory or a component used in any manner of consumption 24
of a product described in item (i) of this paragraph. 25
(2) “Tobacco product” includes: 26
(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 27
(ii) electronic smoking devices; and 28 4 HOUSE BILL 1227
(iii) filters, rolling papers, pipes, and liquids used in electronic 1
smoking devices regardless of nicotine content. 2
(3) “Tobacco product” does not include a drug, device, or combination 3
product authorized for sale by the U.S. Food and Drug Administration under the Federal 4
Food, Drug, and Cosmetic Act. 5
Article – Health – General 6
13–1001. 7
(u) (1) “Tobacco product” means any product that is: 8
(i) Intended for human inhalation, absorption, ingestion, smoking, 9
heating, chewing, dissolving, or any other manner of consumption that is made of, derived 10
from, or contains: 11
1. Tobacco; or 12
2. Nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 13
NICOTINE; or 14
(ii) An accessory or component used in any manner of consumption 15
of a product described in item (i) of this paragraph. 16
(2) “Tobacco product” includes: 17
(i) Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 18
(ii) Electronic smoking devices; and 19
(iii) Filters, rolling papers, pipes, and liquids used in electronic 20
smoking devices regardless of nicotine content. 21
(3) “Tobacco product” does not include a drug, device, or combination 22
product authorized for sale by the U.S. Food and Drug Administration under the Federal 23
Food, Drug, and Cosmetic Act. 24
24–307. 25
(A) IN THIS SECTION, “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 26
13–1001 OF THIS ARTICLE. 27
[(a)] (B) (1) This section does not apply to the distribution of a coupon that is 28
redeemable for a tobacco product if the coupon is: 29
HOUSE BILL 1227 5
(i) Contained in a newspaper, a magazine, or any other type of 1
publication in which the coupon is incidental to the primary purpose of the publication; or 2
(ii) Sent through the mail. 3
(2) This section does not apply to the distribution of a tobacco product or 4
tobacco paraphernalia to: 5
(i) An individual under the age of 21 years who is acting solely as 6
the agent of the individual’s employer if the employer distributes tobacco products or 7
tobacco paraphernalia for commercial purposes; or 8
(ii) A purchaser or recipient who: 9
1. Is at least 18 years of age; 10
2. Is an active duty member of the military; and 11
3. Presents a valid military identification. 12
[(b)] (C) A person who distributes tobacco products for commercial purposes, 13
including a person licensed under Title 16 of the Business Regulation Article, may not 14
distribute to an individual under the age of 21 years: 15
(1) A tobacco product; 16
(2) Tobacco paraphernalia; or 17
(3) A coupon redeemable for a tobacco product. 18
[(c)] (D) (1) A person who violates subsection [(b)] (C) of this section is 19
subject to a civil penalty not exceeding: 20
(i) $300 for a first violation; 21
(ii) $1,000 for a second violation occurring within 24 months after 22
the first violation; and 23
(iii) $3,000 for each subsequent violation occurring within 24 months 24
after the preceding violation. 25
(2) The local health departments shall report violations of subsection (b) of 26
this section to the Comptroller’s Office. 27
(3) Issuance of a civil citation for a violation of this section precludes 28
prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 29
6 HOUSE BILL 1227
(4) If a violation is committed by a person acting on behalf of a retailer, the 1
civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 2
[(d)] (E) In a prosecution for a violation of subsection [(b)] (C) of this section, it 3
is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or 4
other valid identification issued by a governmental unit that positively identified the 5
purchaser or recipient as at least 21 years old or as at least 18 years of age and an active 6
duty member of the military. 7
[(e)] (F) (1) In this subsection, “designee” means a retired sworn law 8
enforcement officer employed by a county health officer or an employee of a local health 9
department trained in civil enforcement. 10
(2) A sworn law enforcement officer, a county health officer, or a designee 11
of a county health officer may issue a civil citation for a violation of subsection [(b)] (C) of 12
this section. 13
(3) A citation issued under this subsection shall include: 14
(i) The name and address of the person charged; 15
(ii) The nature of the violation; 16
(iii) The location and time of the violation; 17
(iv) The amount of the civil penalty; 18
(v) The manner, location, and time in which the civil penalty may be 19
paid; 20
(vi) A notice stating the person’s right to elect to stand trial for the 21
violation; and 22
(vii) A warning that failure to pay the civil penalty or to contest 23
liability in a timely manner in accordance with the citation: 24
1. Is an admission of liability; and 25
2. May result in entry of a default judgment that may include 26
the civil penalty, court costs, and administrative expenses. 27
(4) The county health officer or designee shall retain a copy of the citation 28
issued under this subsection. 29
(5) (i) A person who receives a citation from a county health officer or 30
designee under this subsection may elect to stand trial for the violation by filing a notice of 31
intention to stand trial with the county health officer or designee at least 5 days before the 32 HOUSE BILL 1227 7
date set in the citation for the payment of the civil penalty. 1
(ii) After receiving a notice of intention to stand trial under 2
subparagraph (i) of this paragraph, the county health officer or designee shall forward the 3
notice and a copy of the citation to the District Court. 4
(6) (i) After receiving a citation and notice under this subsection, the 5
District Court shall schedule the case for trial and notify the defendant of the trial date. 6
(ii) In a proceeding before the District Court, a violation of 7
subsection [(b)] (C) of this section shall be handled in the same manner as a municipal 8
infraction under §§ 6–108 through 6–115 of the Local Government Article. 9
(7) The District Court shall remit any penalties collected for a violation of 10
subsection (b) of this section to the county in which the violation occurred. 11
(8) Adjudication of a violation of subsection [(b)] (C) of this section is not a 12
criminal conviction for any purpose. 13
[(f)] (G) (1) The Maryland Department of Health, in collaboration and 14
consultation with the Office of the Comptroller, local health departments, and local law 15
enforcement agencies, shall develop ongoing strategies for enforcement of §§ 10–107 and 16
10–108 of the Criminal Law Article. 17
(2) On or before October 1 each year, the Department shall report to the 18
General Assembly, in accordance with § 2–1257 of the State Government Article, on: 19
(i) The development of enforcement strategies required under 20
paragraph (1) of this subsection; and 21
(ii) Training and assistance to tobacco retailers to improve 22
compliance with § 10–107 of the Criminal Law Article. 23
Article – Local Government 24
1–1201. 25
(c) (1) “Tobacco product” means a product that is: 26
(i) intended for human inhalation, absorption, ingestion, smoking, 27
heating, chewing, dissolving, or any other manner of consumption that is made of, derived 28
from, or contains: 29
1. tobacco; or 30
2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 31
NICOTINE; or 32 8 HOUSE BILL 1227
(ii) an accessory or a component used in any manner of consumption 1
of a product described in item (i) of this paragraph. 2
(2) “Tobacco product” includes: 3
(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 4
(ii) electronic smoking devices; and 5
(iii) filters, rolling papers, pipes, and liquids used in electronic 6
smoking devices regardless of nicotine content. 7
(3) “Tobacco product” does not include a drug, device, or combination 8
product authorized for sale by the U.S. Food and Drug Administration under the Federal 9
Food, Drug, and Cosmetic Act. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12