WES MOORE, Governor Ch. 754
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Chapter 754
(House Bill 238)
AN ACT concerning
Public Health – Clean Indoor Air Act – Revisions
FOR the purpose of prohibiting vaping in certain indoor areas and places of employment
and certain mass transportation; requiring that certain signs be posted and
maintained in a certain manner in each indoor area open to the public and each
public entrance to an indoor area where smoking or vaping is prohibited under the
Clean Indoor Air Act; requiring the Maryland Department of Health to convene a
workgroup to study the issuance of alcoholic beverages licenses to tobacconists;
prohibiting a local alcoholic beverages license from being issued to a tobacconist
during a certain period of time; and generally relating to the Clean Indoor Air Act.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing
Article – Health – General
Section 24–509
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Labor and Employment
Section 5–608(b)(1)
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
BY renumbering
Article – Health – General
Section 24–510 and 24–511
to be Section 24–509 and 24–510, respectively
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
Ch. 754 2024 LAWS OF MARYLAND
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24–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article]
§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE.
(C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN §
16.7–101 OF THE BUSINESS REGULATION ARTICLE.
[(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and
Employment Article.
[(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and
Employment Article.
[(e)] (F) “Environmental smoke” means [the]:
(1) THE complex mixture formed from the escaping smoke of a burning
tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR
(2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAP ING AEROSOL
OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING
DEVICE AEROSOL .
(G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE
ARTICLE.
[(f)] (H) “Indoor area open to the public” means:
(1) An indoor area or a portion of an indoor area accessible to the public by
either invitation or permission; or
(2) An indoor area of any establishment licensed or permitted under the
Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages.
[(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor
and Employment Article.
[(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any
other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp.
(K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS
ARTICLE. WES MOORE, Governor Ch. 754
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(L) “VAPING” MEANS THE USE OF :
(1) AN ELECTRONIC SMOKING DEVICE; OR
(2) ANY DEVICE THROUGH WHICH THE USER INHALES AEROSOL
CONTAINING HEMP OR CANNABIS TOBACCO, CANNABIS, OR HEMP.
24–504.
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a
person may not smoke OR VAPE in:
(1) An indoor area open to the public;
(2) An indoor place in which meetings are open to the public in accordance
with Title 3 of the General Provisions Article;
(3) A government–owned or government–operated means of mass
transportation including buses, vans, trains, taxicabs, and limousines; or
(4) An indoor place of employment.
24–505.
This subtitle does not apply to:
(1) Private homes, residences, including residences used as a business or
place of employment, unless being used by a person who is licensed or registered under
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles,
unless being used for the public transportation of children, or as part of health care or child
care transportation;
(2) A hotel or motel room rented to one or more guests as long as the total
percent of hotel or motel rooms being so used does not exceed 25%;
(3) A retail tobacco business that is a sole proprietorship, limited liability
company, corporation, partnership, or other enterprise, in which:
(i) The primary activity is the retail sale of tobacco products and
accessories; and
(ii) The sale of other products is incidental;
Ch. 754 2024 LAWS OF MARYLAND
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(4) Any facility of a manufacturer, importer, wholesaler, or distributor of
tobacco products or of any tobacco leaf dealer or processor in which employees of the
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
(5) A research or educational laboratory for the purpose of conducting
scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke.
24–506.
(a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be
prominently posted and properly maintained where smoking OR VAPING is allowed under
§ 24–505(2) of this subtitle.
(B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE
CONSPICUOUSLY POSTED AND PROPERLY MAINTAI NED IN EACH INDOOR A REA OPEN
TO THE PUBLIC AND EA CH PUBLIC ENTRANCE T O AN INDOOR AREA WHE RE SMOKING
OR VAPING IS PROHIBI TED UNDER THIS SUBTI TLE.
[(b)] (C) The signs shall be posted and maintained by the owner, operator,
manager, or other person having control of the area.
[(c)] (D) The letters on the signs shall be at least 1 inch in height.
24–508.
(c) (2) It is an affirmative defense to a complaint brought against a person for
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the
person or an employee of the person:
(i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as
required under § 24–506 of this subtitle;
(ii) Removed all ashtrays and other smoking OR VAPING
paraphernalia from all areas where smoking is prohibited; and
(iii) If the violation occurred in a bar, tavern, or restaurant:
1. Refused to seat or serve any individual who was smoking
OR VAPING in a prohibited area; and
2. If the individual continued to smoke OR VAPE after an
initial warning, asked the individual to leave the establishment.
[24–509.
WES MOORE, Governor Ch. 754
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(a) Within 90 days from the receipt of an application for a waiver and the date
that all conditions for the application for a waiver required in the regulations adopted by
the Secretary have been satisfied, the health officer of a county may grant a waiver from
the application of a specific provision of this subtitle, if prior to the granting of the waiver,
the applicant for a waiver establishes in writing:
(1) Compliance with a specific provision of this subtitle would cause undue
financial hardship; or
(2) The existence of other factors that would render compliance
unreasonable.
(b) The Secretary may impose conditions or restrictions on a waiver granted
under subsection (a) of this section to:
(1) Minimize the adverse effects of the waiver on individuals involuntarily
exposed to secondhand smoke; and
(2) Ensure that the waiver is consistent with the purposes of this subtitle.
(c) The Secretary shall adopt regulations necessary to implement this section.
(d) (1) A waiver may not be granted under subsection (a) of this section on or
after January 31, 2011.
(2) A waiver granted under subsection (a) of this section terminates on
January 31, 2011.]
Article – Labor and Employment
5–608.
(b) (1) The Department shall adopt regulations that prohibit environmental
[tobacco] smoke, as defined in § 24–501 of the Health – General Article, in indoor places of
employment not normally open to the general public.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Maryland Department of Health shall convene a workgroup to study the
issuance of alcoholic beverages licenses to tobacconists.
(b) The workgroup shall include:
(1) two Senators designated by the President of the Senate;
(2) two Delegates designated by the Speaker of the House; Ch. 754 2024 LAWS OF MARYLAND
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(3) one representative from the Alcohol, Tobacco, and Cannabis
Commission;
(4) one representative from the Maryland Department of Health; and
(5) one representative from a cigar retailers trade association.
(c) On or before July 1, 2025, the workgroup shall report its findings and
recommendations to the General Assembly in accordance with § 2–1257 of the State
Government Article.
SECTION 3. AND BE IT FURTHER ENACTED, That a local alcoholic beverages
license may not be issued to a tobacconist from July 1, 2024, to July 1, 2026, both inclusive.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and
24–511 of Article – Health – General of the Annotated Code of Maryland be renumbered to
be Section(s) 24–509 and 24–510, respectively.
SECTION 3. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024.
Approved by the Governor, May 16, 2024.