EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb1056*
SENATE BILL 1056
C2, E1, J2 (4lr2097)
ENROLLED BILL
— Finance/Economic Matters —
Introduced by Senator Kramer
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Cigarettes, Other Tobacco Products, and Electronic Smoking Devices – 2
Revisions 3
(Tobacco Retail Modernization Act of 2024) 4
FOR the purpose of prohibiting licensees that sell cigarettes, other tobacco products, or 5
electronic smoking devices at retail from displaying cigarettes, other tobacco 6
products, or electronic smoking devices for sale unless located behind a counter; 7
requiring certain licensed retailers to verify an individual’s date of birth before 8
selling cigarettes, other tobacco products, or electronic smoking devices in a certain 9
manner; altering the application fee for a county license to sell cigarettes or tobacco 10
products at retail; repealing certain exceptions that authorize the sale, distribution, 11
or purchase of tobacco products, tobacco paraphernalia, and electronic smoking 12
devices to or for individuals under a certain age who are active duty military 13
members; requiring the Maryland Department of Health to conduct at least two 14
certain unannounced inspections of certain licensed retailers each year; repealing 15 2 SENATE BILL 1056
the electronic smoking device retail license; altering the definition of “vape shop 1
vendor” to require that the vendor exclusively sell electronic smoking devices and 2
related accessories to consumers on the premises of its place of business; requiring 3
certain licensees to obtain an additional license in order to manufacture, distribute, 4
or sell electronic smoking devices; altering the penalty for distributing tobacco 5
products or tobacco paraphernalia to an individual under a certain age; authorizing 6
the court to make certain recommendations to the Executive Director of the Alcohol, 7
Tobacco, and Cannabis Commission regarding the suspension of certain licenses; 8
prohibiting a pharmacy from selling tobacco products, other tobacco products, and 9
electronic smoking devices; requiring the Alcohol, Tobacco, and Cannabis 10
Commission, in conjunction with the Maryland Depart ment of Health, the 11
Comptroller, and the State Department of Education, to submit a certain report on 12
or before a certain date; and generally relating to the sale of cigarettes, other tobacco 13
products, and electronic smoking devices. 14
BY repealing and reenacting, without amendments, 15
Article – Business Regulation 16
Section 16–201(a), (d), and (k) and, 16.5–101(a), (f), (j), and (l), 16.7–203, 16.7–206, 17
and 16.7–211 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Business Regulation 22
Section 16–209.1, 16.5–214.2, and 16.7–204.2 23
Annotated Code of Maryland 24
(2015 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Business Regulation 27
Section 16–302, 16–308.3, 16.5–217.1, 16.7–101, 16.7–102, 16.7–201, 16.7–202, 28
16.7–203, 16.7–204, 16.7–204.1, 16.7–206, 16.7–211, and 16.7–213.1 29
Annotated Code of Maryland 30
(2015 Replacement Volume and 2023 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Criminal Law 33
Section 10–107 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2023 Supplement) 36
BY repealing and reenacting, with amendments, 37
Article – Health – General 38
Section 24–305 and 24–307 39
Annotated Code of Maryland 40
(2023 Replacement Volume) 41
SENATE BILL 1056 3
BY repealing and reenacting, with amendments, 1
Article – Health Occupations 2
Section 12–403(c)(22) and (23) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Health Occupations 7
Section 12–403(c)(24) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Business Regulation 13
16–201. 14
(a) In this subtitle the following words have the meanings indicated. 15
(d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of 16
this subtitle to act as a retailer. 17
(k) “Retailer” means a person who: 18
(1) sells cigarettes to consumers through vending machines on fewer than 19
40 premises; 20
(2) otherwise sells cigarettes to consumers; or 21
(3) holds cigarettes for sale to consumers. 22
16–209.1. 23
(A) A LICENSED RETAILER MA Y NOT DISPLAY CIGARE TTES FOR SALE 24
UNLESS THE CIGARETTE S ARE LOCATED BEHIND A COU NTER IN AN AREA 25
ACCESSIBLE ONLY TO T HE LICENSED RETAILER AND EMPLOYEES OF THE LICENSED 26
RETAILER. 27
(B) (1) A LICENSED RETAILER MA Y NOT SELL CIGARETTE S TO AN 28
INDIVIDUAL UNLESS TH E LICENSED RETAILER VERIFIES, IN ACCORDANCE WITH 29
PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 30
(I) AT LEAST 21 YEARS OLD; OR 31
4 SENATE BILL 1056
(II) 1. AT LEAST 18 YEARS OLD; AND 1
2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 2
POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 3
(2) A SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A LICENSED 4
RETAILER MAY VERIFY AN INDIVIDUAL’S AGE ONLY: 5
(I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 6
IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 7
(II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 8
ASSISTANCE OF ANY ELECTRONIC OR MECHAN ICAL DEVICE. 9
(3) A LICENSED RETAILER IS NOT REQUIRED TO VERI FY THE AGE OF 10
AN INDIVIDUAL AT LEAST 30 YEARS OLD. 11
16–302. 12
(a) For each county license, an applicant shall: 13
(1) submit an application to the clerk; and 14
(2) pay to the clerk a license fee of[: 15
(i) $25 in a county other than Cecil County or Montgomery County; 16
(ii) $50 in Cecil County; or 17
(iii) $125 in Montgomery County] $300. 18
(b) (1) From each license fee collected under subsection (a) of this section, the 19
[Clerk of the Circuit Court for Montgomery County] CLERK shall distribute: 20
(i) $25 to the Executive Director; and 21
(ii) $100 IN MONTGOMERY COUNTY, $275 to [Montgomery 22
County] THE COUNTY to be used to enforce existing laws banning the sale or distribution 23
of tobacco or, tobacco products, OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN § 24
16.7–101 OF THIS ARTICLE, to individuals under the age of 21 years; AND 25
(III) IN ALL OTHER COUNTIE S, $275 TO THE MARYLAND 26
DEPARTMENT OF HEALTH TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO 27
ENFORCE EXISTING LAW S PROHIBITING THE SA LE OR DISTRIBUTION O F TOBACCO, 28 SENATE BILL 1056 5
TOBACCO PRODUCTS , OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN § 1
16.7–101 OF THIS ARTICLE, TO INDIVIDUALS UNDER THE AGE OF 21 YEARS. 2
(2) Funds distributed under paragraph (1)(ii) of this subsection may not be 3
used to supplant existing funding for the enforcement of laws banning the sale or 4
distribution of tobacco or tobacco products to individuals under the age of 21 years. 5
16–308.3. 6
(a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 7
Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 8
ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s 9
compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH 10
YEAR. 11
(2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS 12
TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT 13
OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN 14
180 DAYS AFTER THE INITI AL INSPECTION. 15
(b) The Maryland Department of Health OR ITS DESIGNEE may use an 16
individual under the age of 21 years to assist in conducting an inspection under this section. 17
(C) TO DETERMINE THE LOCA TION OF A LICENSED R ETAILER SUBJECT TO 18
AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS 19
DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF 20
THE PREVIOUS CA LENDAR YEAR . 21
16.5–101. 22
(a) In this title the following words have the meanings indicated. 23
(f) “Licensed other tobacco products retailer” means a person licensed by the 24
clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer. 25
(j) (1) “Other tobacco products” means, except as provided in paragraph (3) of 26
this subsection, a product that is: 27
(i) intended for human consumption or likely to be consumed, 28
whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other 29
manner, and that is made of or derived from, or that contains: 30
1. tobacco; or 31
2. nicotine; or 32 6 SENATE BILL 1056
(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
(l) “Other tobacco products retailer” means a person who: 15
(1) sells other tobacco products to consumers; or 16
(2) holds other tobacco products for sale to consumers. 17
16.5–214.2. 18
(A) (1) THIS SUBSECTION DOES NOT APPLY TO: 19
(I) A LICENSED TOBACCONI ST; OR 20
(II) THE SALE OF PREMIUM CIGARS. 21
(2) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT 22
DISPLAY OTHER TOBACC O PRODUCTS FOR SALE UNLESS THE OTHER TOB ACCO 23
PRODUCTS ARE LOCATED BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE 24
LICENSED OTHER TOBACCO PRODUCTS RET AILER AND EMPLOYEES OF THE 25
LICENSED OTHER TOBAC CO PRODUCTS RETAILER . 26
(B) (1) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT 27
SELL CIGARETTES OTHER TOBACCO PRODUC TS TO AN INDIVIDUAL UNL ESS THE 28 SENATE BILL 1056 7
LICENSED OTHER TOBAC CO PRODUCTS RETAILE R VERIFIES, IN ACCORDANCE WITH 1
PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 2
(I) AT LEAST 21 YEARS OLD; OR 3
(II) 1. AT LEAST 18 YEARS OLD; AND 4
2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 5
POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 6
(2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 7
A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY VERIFY AN INDIVI DUAL’S 8
AGE ONLY: 9
(I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 10
IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 11
(II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 12
ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 13
(3) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER IS NOT 14
REQUIRED TO VERIFY T HE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD. 15
16.5–217.1. 16
(a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 17
Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 18
ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s 19
compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH 20
YEAR. 21
(2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS 22
TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT 23
OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN 24
180 DAYS AFTER THE INITI AL INSPECTION. 25
(b) The Maryland Department of Health OR ITS DESIGNEE may use an 26
individual under the age of 21 years to assist in conducting an inspection under this section. 27
(C) TO DETERMINE THE LOCA TION OF A LICENSED RETAILER SUBJECT TO 28
AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS 29
DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF 30
THE PREVIOUS CALENDA R YEAR. 31
8 SENATE BILL 1056
16.7–101. 1
(a) In this title the following words have the meanings indicated. 2
(b) “County license” means a license issued by the clerk to sell electronic smoking 3
devices to consumers in a county. 4
(c) (1) “Electronic smoking device” means a device that can be used to deliver 5
aerosolized or vaporized nicotine to an individual inhaling from the device. 6
(2) “Electronic smoking device” includes: 7
(i) an electronic cigarette, an electronic cigar, an electronic cigarillo, 8
an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and 9
(ii) except as provided in paragraph (3) of this subsection, any 10
component, part, or accessory of such a device regardless of whether or not it is sold 11
separately, including any substance intended to be aerosolized or vaporized during use of 12
the device. 13
(3) “Electronic smoking device” does not include: 14
(i) a drug, device, or combination product authorized for sale by the 15
U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or 16
(ii) a battery or battery charger when sold separately. 17
(d) “Electronic smoking devices manufacturer” means a person that: 18
(1) manufactures, mixes, or otherwise produces electronic smoking devices 19
intended for sale in the State, including electronic smoking devices intended for sale in the 20
United States through an importer; and 21
(2) (i) [sells electronic smoking devices to a consumer, if the consumer 22
purchases or orders the devices through the mail, a computer network, a telephonic 23
network, or another electronic network, a licensed electronic smoking devices wholesaler 24
distributor, or a licensed electronic smoking devices wholesaler importer in the State; 25
(ii)] if the electronic smoking devices manufacturer also holds a 26
license to act as [an electronic smoking devices retailer or] a vape shop vendor, sells 27
electronic smoking devices IN THE SAME MANNER A S A VAPE SHOP VENDOR to 28
consumers located in the State; or 29
[(iii)] (II) unless otherwise prohibited or restricted under local law, 30
this article, or the Criminal Law Article, distributes sample electronic smoking devices to 31
a licensed [electronic smoking devices retailer or] vape shop vendor. 32 SENATE BILL 1056 9
[(e) “Electronic smoking devices retailer” means a person that: 1
(1) sells electronic smoking devices to consumers; 2
(2) holds electronic smoking devices for sale to consumers; or 3
(3) unless otherwise prohibited or restricted under local law, this article, 4
the Criminal Law Article, or § 24–305 of the Health – General Article, distributes sample 5
electronic smoking devices to consumers in the State.] 6
[(f)] (E) “Electronic smoking devices wholesaler distributor” means a person 7
that: 8
(1) obtains at least 70% of its electronic smoking devices from a holder of 9
an electronic smoking devices manufacturer license under this subtitle or a business entity 10
located in the United States; and 11
(2) (i) holds electronic smoking devices for sale to another person for 12
resale; or 13
(ii) sells electronic smoking devices to another person for resale. 14
[(g)] (F) “Electronic smoking devices wholesaler importer” means a person that: 15
(1) obtains at least 70% of its electronic smoking devices from a business 16
entity located in a foreign country; and 17
(2) (i) holds electronic smoking devices for sale to another person for 18
resale; or 19
(ii) sells electronic smoking devices to another person for resale. 20
[(h)] (G) “Executive Director” means the Executive Director of the Alcohol [and], 21
Tobacco, AND CANNABIS Commission. 22
[(i)] (H) “License” means: 23
(1) a license issued by the Executive Director under § 16.7–203(a) of this 24
title to: 25
(i) act as a licensed electronic smoking devices manufacturer; 26
(ii) act as a licensed electronic smoking devices wholesaler 27
distributor; or 28
10 SENATE BILL 1056
(iii) act as a licensed electronic smoking devices wholesaler importer; 1
or 2
(2) a license issued by the clerk under § 16.7–203(b) of this title to[: 3
(i) act as a licensed electronic smoking devices retailer; or 4
(ii)] act as a licensed vape shop vendor. 5
[(j)] (I) “Sell” means to exchange or transfer, or to agree to exchange or 6
transfer, title or possession of property, in any manner or by any means, for consideration. 7
[(k)] (J) “Vape shop vendor” means an electronic smoking devices business that 8
[derives at least 70% of its revenues, measured by average daily receipts, from the sale of] 9
EXCLUSIVELY SELLS electronic smoking devices and related accessories TO CONSUMERS 10
ON THE PREMISES OF I TS PLACE OF BUSINESS . 11
[(l)] (K) “Vaping liquid” means a liquid that: 12
(1) consists of propylene glycol, vegetable glycerin, or other similar 13
substance; 14
(2) may or may not contain natural or artificial flavors; 15
(3) may or may not contain nicotine; and 16
(4) converts to vapor intended for inhalation when heated in an electronic 17
device. 18
16.7–102. 19
(a) The Executive Director may delegate any power or duty of the Executive 20
Director under this title. 21
(b) Any person licensed under Title 16 or Title 16.5 of this article, or an affiliate, 22
as defined under § 16–402(c) of this article, of a person licensed under Title 16 of this 23
article[: 24
(1) is authorized to manufacture, distribute, or sell electronic smoking 25
devices pursuant to this title in the same capacity as the person is licensed under Title 16 26
or Title 16.5 of this article; and 27
(2) may not be required to] MUST obtain an additional license under this 28
title IN ORDER TO MANUFACT URE, DISTRIBUTE, OR SELL ELECTRONIC S MOKING 29
DEVICES PURSUANT TO THIS TITLE. 30
SENATE BILL 1056 11
16.7–201. 1
[(a)] A person must hold an appropriate license before the person may act as: 2
(1) an electronic smoking devices manufacturer; 3
(2) [an electronic smoking devices retailer; 4
(3)] an electronic smoking devices wholesaler distributor; 5
[(4)] (3) an electronic smoking devices wholesaler importer; or 6
[(5)] (4) a vape shop vendor. 7
[(b) A place of business in which a person acts as an electronic smoking devices 8
retailer or a vape shop vendor must hold an appropriate license.] 9
16.7–202. 10
(a) (1) An applicant for a license to act as an electronic smoking devices 11
manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking 12
devices wholesaler importer shall: 13
(i) obtain an appropriate county license by submitting an 14
application to the Executive Director on the form and containing the information that the 15
Executive Director requires; 16
(ii) indicate the licenses for which the applicant is applying; and 17
(iii) except as provided in paragraph (2) of this subsection, pay to the 18
Executive Director a fee of $25 for each license for which the applicant applies. 19
(2) An applicant for a license to act as an electronic smoking devices 20
wholesaler distributor or electronic smoking devices wholesaler importer shall pay to the 21
Executive Director a fee of $150. 22
(b) (1) An applicant for a license to act as [an electronic smoking devices 23
retailer or] a vape shop vendor: 24
(i) shall obtain a county license by submitting to the clerk an 25
application for each permanent or temporary place of business located in the same 26
enclosure and operated by the same applicant; and 27
(ii) except as provided in paragraph (2) of this subsection, shall pay 28
to the clerk a fee of $25 $300. 29
12 SENATE BILL 1056
(2) The application shall: 1
(i) be made on the form that the clerk requires; and 2
(ii) contain the information that the Executive Director requires. 3
(3) (I) FROM EACH LICENSE FEE COLLECTED UNDER THIS 4
SUBSECTION, THE CLERK SHALL DIST RIBUTE: 5
1. $25 TO THE EXECUTIVE DIRECTOR; AND 6
2. $275 TO THE MARYLAND DEPARTMENT OF HEALTH 7
TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO ENFORCE EXI STING LAWS 8
PROHIBITING THE SALE OR DISTRIBUTION OF T OBACCO, TOBACCO PRODUCTS , OR 9
ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THIS TITLE, TO 10
INDIVIDUALS UNDER THE AGE O F 21 YEARS. 11
(II) FUNDS DISTRIBUTED UND ER THIS SUBSECTION M AY NOT BE 12
USED TO SUPPLANT EXI STING FUNDING FOR TH E ENFORCEMENT OF LAW S BANNING 13
THE SALE OR DISTRIBU TION OF TOBACCO , TOBACCO PRODUCTS , OR ELECTRONIC 14
SMOKING DEVICES TO INDIVIDUALS UNDER TH E AGE OF 21 YEARS. 15
(c) A licensee shall display a license in the way that the Executive Director 16
requires by regulation. 17
(d) If a person has had a license revoked under § 16.7–207 of this subtitle, the 18
person may not reapply for a license within 1 year after the date when the prior license was 19
revoked. 20
16.7–203. 21
(a) The Executive Director shall issue an appropriate license to each applicant 22
that meets the requirements of this subtitle for a license to act as an electronic smoking 23
devices manufacturer, electronic smoking devices wholesaler distributor, or electronic 24
smoking devices wholesaler importer. 25
(b) The clerk shall issue to each applicant that meets the requirements of this 26
subtitle a license to act as [an electronic smoking devices retailer or] a vape shop vendor. 27
(c) The clerk shall forward a copy of an application received for each license 28
issued under subsection (b) of this section to the Executive Director within 30 days after 29
issuance of the license. 30
16.7–204. 31
SENATE BILL 1056 13
(a) An electronic smoking devices manufacturer license authorizes the licensee 1
to: 2
(1) sell electronic smoking devices to: 3
(i) a licensed electronic smoking devices wholesaler located in the 4
State; 5
(ii) an electronic smoking devices wholesaler or retailer located 6
outside the State if the electronic smoking devices may be sold lawfully in Maryland; 7
(iii) a licensed vape shop vendor[; and 8
(iv) a consumer if: 9
1. the licensee manufactured the devices; and 10
2. the consumer purchases or orders the devices through the 11
mail, a computer network, a telephonic network, or another electronic network]; 12
(2) if the electronic smoking devices manufacturer licensee also holds a 13
license to act as [an electronic smoking devices retailer or] a vape shop vendor, transfer 14
electronic smoking devices to inventory for sale under the [retail license or] vape shop 15
license; and 16
(3) except as otherwise prohibited or restricted under local law, this article, 17
or the Criminal Law Article, distribute electronic smoking devices products to a licensed 18
[electronic smoking devices retailer or] vape shop vendor. 19
[(b) An electronic smoking devices retailer license authorizes the licensee to: 20
(1) sell electronic smoking devices to consumers; 21
(2) buy electronic smoking devices from an electronic smoking devices 22
wholesaler distributor or electronic smoking devices wholesaler importer; 23
(3) if the electronic smoking devices retailer licensee also holds a license to 24
act as an electronic smoking devices manufacturer, sell at retail electronic smoking devices 25
manufactured under the manufacturer license; and 26
(4) except as otherwise prohibited or restricted under local law, this article, 27
the Criminal Law Article, or § 24–305 of the Health – General Article, distribute sample 28
electronic smoking devices products to consumers in the State.] 29
[(c)] (B) An electronic smoking devices wholesaler distributor license or 30
electronic smoking devices wholesaler importer license authorizes the licensee to: 31 14 SENATE BILL 1056
(1) sell electronic smoking devices to [electronic smoking devices retailers 1
and] vape shop vendors; 2
(2) buy electronic smoking devices directly from an electronic smoking 3
devices manufacturer and an electronic smoking devices wholesaler distributor or 4
electronic smoking devices wholesaler importer; 5
(3) hold electronic smoking devices; and 6
(4) sell electronic smoking devices to another licensed electronic smoking 7
devices wholesaler distributor or electronic smoking devices wholesaler importer. 8
[(d)] (C) A vape shop vendor license authorizes the licensee to: 9
(1) sell electronic smoking devices as a vape shop vendor TO CONSUMERS 10
ON THE PREMISES OF T HE LICENSEE’S PLACE OF BUSINESS ; 11
(2) if the vape shop vendor licensee also holds a license to act as an 12
electronic smoking devices manufacturer, sell at retail ON THE VAPE SHOP VEN DOR 13
PREMISES electronic smoking devices manufactured under the manufacturer license; and 14
(3) buy electronic smoking devices from an electronic smoking devices 15
manufacturer, an electronic smoking devices wholesaler distributor, or an electronic 16
smoking devices wholesaler importer. 17
16.7–204.1. 18
(a) (1) A [retail licensee OR] VAPE SHOP VENDOR shall post a sign in a 19
location that is clearly visible to the consumer that states: 20
“No person under the age of 21 may be sold tobacco products without military 21
identification”. 22
[(b)] (2) The sign required under PARAGRAPH (1) OF this [section] 23
SUBSECTION shall be written in letters at least one–half inch high. 24
(B) (1) A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY NOT SELL 25
CIGARETTES ELECTRONIC SMOKING D EVICES TO AN INDIVIDUAL UNL ESS THE 26
RETAIL LICENSEE OR VAPE SHOP VENDOR VER IFIES, IN ACCORDANCE WITH 27
PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 28
(I) AT LEAST 21 YEARS OLD; OR 29
(II) 1. AT LEAST 18 YEARS OLD; AND 30 SENATE BILL 1056 15
2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 1
POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 2
(2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 3
A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY VERIFY AN INDIVIDUAL ’S AGE 4
ONLY: 5
(I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 6
IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 7
(II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 8
ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 9
(3) A LICENSED RETAILER OR VAPE SHOP VENDOR IS NOT REQUIRED 10
TO VERIFY THE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD. 11
16.7–204.2. 12
A RETAILER OR VAPE SHOP VENDOR MAY NOT DISPLAY ELECTRON IC SMOKING 13
DEVICES FOR SALE UNL ESS THE ELECTRONIC S MOKING DEVICES ARE L OCATED 14
BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE RETAILER OR VAPE SHOP 15
VENDOR AND EMPLOYEES OF THE RETAILER OR VAPE SHOP VENDOR . 16
16.7–206. 17
(a) (1) A [licensed electronic smoking devices retailer or a] licensed vape shop 18
vendor may not assign the license. 19
(2) If a licensed electronic smoking devices wholesaler distributor or 20
electronic smoking devices wholesaler importer sells the licensee’s electronic smoking 21
devices business and pays to the Executive Director a license assignment fee of $10, the 22
licensee may assign the license to the buyer of the business if the buyer otherwise qualifies 23
under this title for an electronic smoking devices wholesaler’s distributor or importer 24
license. 25
(b) If the electronic smoking devices business of a licensee is transferred because 26
of bankruptcy, death, incompetency, receivership, or otherwise by operation of law, the 27
Executive Director shall transfer the license without charge to the new owner of the 28
licensee’s business if the transferee otherwise qualifies under this title for the license being 29
transferred. 30
(c) (1) If a licensed electronic smoking devices wholesaler distributor or 31
electronic smoking devices wholesaler importer surrenders the license to the Executive 32
Director and if no disciplinary proceedings are pending against the licensee, the Executive 33 16 SENATE BILL 1056
Director shall refund a pro rata portion of the license fee for the unexpired term of the 1
license. 2
(2) A [licensed electronic smoking devices retailer or a] licensed vape shop 3
vendor is not allowed a refund for the unexpired term of the license. 4
16.7–211. 5
(a) A person may not act, attempt to act, or offer to act as an electronic smoking 6
devices manufacturer, [an electronic smoking devices retailer,] an electronic smoking 7
devices wholesaler distributor, an electronic smoking devices wholesaler importer, or a 8
vape shop vendor in the State unless the person has an appropriate license. 9
(b) (1) A person that violates this section is guilty of a misdemeanor and on 10
conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days 11
or both. 12
(2) Each day that a violation of this section continues is a separate offense. 13
16.7–213.1. 14
(a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 15
Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 16
ONE unannounced inspections INSPECTION of licensed [retailers] OR VAPE SHOP 17
VENDORS to ensure the licensee’s compliance with the provisions of this title and § 10–107 18
of the Criminal Law Article EACH YEAR. 19
(2) IF A LICENSED RETAILER OR VAPE SHOP VENDOR VIO LATES ANY 20
PROVISION OF THIS TI TLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE 21
MARYLAND DEPARTMENT OF HEALTH SHALL CONDUCT AN ADDITIONAL 22
UNANNOUNCED INSPECTI ON WITHIN 180 DAYS AFTER THE INITI AL INSPECTION. 23
(b) The Maryland Department of Health OR ITS DESIGNEE may use an 24
individual under the age of 21 years to assist in conducting an inspection under this section. 25
(C) TO DETERMINE THE LOCA TION OF A LICENSED RETAILER OR VAPE SHOP 26
VENDOR SUBJECT TO AN UNANNOUNCED INSPECTI ON, THE MARYLAND 27
DEPARTMENT OF HEALTH OR ITS DESIGNE E SHALL USE THE LIST OF LICENSED 28
RETAILERS OR VAPE SHOP VENDOR S AS OF DECEMBER 31 OF THE PREVIOUS 29
CALENDAR YEAR . 30
Article – Criminal Law 31
10–107. 32
SENATE BILL 1056 17
(a) This section does not apply to the distribution of a coupon that is redeemable 1
for a tobacco product, if the coupon is: 2
(1) contained in a newspaper, magazine, or other type of publication in 3
which the coupon is incidental to the primary purpose of the publication; or 4
(2) sent through the mail. 5
(b) (1) This subsection does not apply to the distribution of a tobacco product 6
or tobacco paraphernalia to: 7
(i) an individual under the age of 21 years who is acting solely as 8
the agent of the individual’s employer if the employer distributes tobacco products or 9
tobacco paraphernalia for commercial purposes; or 10
(ii) a purchaser or recipient who: 11
1. is at least 18 years of age; 12
2. is an active duty member of the military; and 13
3. presents a valid military identification. 14
(2) A person who distributes tobacco products for commercial purposes, 15
including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 16
Business Regulation Article, PERSONALLY OR THROUG H AN EMPLOYEE , may not 17
distribute to an individual under the age of 21 years: 18
(i) a tobacco product; 19
(ii) tobacco paraphernalia; or 20
(iii) a coupon redeemable for a tobacco product. 21
(c) A person not described in subsection (b)(2) of this section may not: 22
(1) purchase for or sell a tobacco product to an individual under the age of 23
21 years, unless the individual: 24
(i) is at least 18 years of age; 25
(ii) is an active duty member of the military; and 26
(iii) presents a valid military identification; or 27
(2) distribute tobacco paraphernalia to an individual under the age of 21 28
years, unless the individual: 29 18 SENATE BILL 1056
(i) is at least 18 years of age; 1
(ii) is an active duty member of the military; and 2
(iii) presents a valid military identification. 3
(d) In a prosecution for a violation of this section, it is a defense that the defendant 4
examined, IN A DIRECT, FACE–TO–FACE EXCHANGE , the purchaser’s or recipient’s 5
driver’s license or other valid identification issued by a government unit that positively 6
identified the purchaser or recipient as at least 21 years of age or as at least 18 years of age 7
and an active duty member of the military. 8
(e) (1) A person who violates this section is guilty of a misdemeanor and on 9
conviction is subject to a fine not exceeding: 10
(i) [$300] $500 for a first violation; 11
(ii) $1,000 for a second violation occurring within 2 years after the 12
first violation; and 13
(iii) $3,000 for each subsequent violation occurring within 2 years 14
after the preceding violation. 15
(2) IN ADDITION TO THE PE NALTIES UNDER PARAGR APH (1) OF THIS 16
SUBSECTION, IF A PERSON HOLDS A LICENSE UNDER TITLE 16, TITLE 16.5, TITLE 17
16.7, OR TITLE 16.9 OF THE BUSINESS REGULATION ARTICLE, THE COURT SHALL 18
ORDER THE EXECUTIVE DIRECTOR OF THE ALCOHOL, TOBACCO, AND CANNABIS 19
COMMISSION TO : 20
(I) SUSPEND THE LICENSE FOR: 21
1. A SECOND VIOLATION , NOT MORE THAN 90 DAYS; AND 22
2. EACH SUBSEQUENT VIOL ATION, NOT MORE THAN 180 23
DAYS; AND 24
(II) FOR EACH SUBSEQUENT VIOLATION, REVOKE THE LICENSE . 25
(3) FOR A DETERMINATION M ADE BY A COURT UNDER PARAGRAPH 26
(2) OF THIS SUBSECTION , THE CLERK OF THE COU RT SHALL SEND A COPY OF THE 27
FINAL ORDER ISSUED B Y THE COURT TO THE EXECUTIVE DIRECTOR OF THE 28
ALCOHOL, TOBACCO, AND CANNABIS COMMISSION. 29
SENATE BILL 1056 19
[(2)] (3) (4) Issuance of a civil citation for the sale of a tobacco product to an 1
individual under the age of 21 years precludes a prosecution for a violation of § 24–307 of 2
the Health – General Article arising out of the same violation. 3
(f) For purposes of this section, each separate incident at a different time and 4
occasion is a violation. 5
Article – Health – General 6
24–305. 7
(a) This section does not apply to a tobacco product that is regulated under Title 8
16 of the Business Regulation Article. 9
(b) (1) [Except] SUBJECT TO PARAGRAPH (3) AND EXCEPT as provided in 10
paragraph (2) of this subsection, a person may not [sell]: 11
(I) SELL, distribute, or offer for sale to an individual under the age 12
of 21 years an electronic smoking device, as defined in § 16.7–101(c) of the Business 13
Regulation Article; 14
(II) DISPLAY ELECTRONIC SM OKING DEVICES , AS DEFINED IN § 15
16.7–101(C) OF THE BUSINESS REGULATION ARTICLE, FOR SALE UNLESS THE 16
ELECTRONIC SMOKING DEV ICES ARE LOCATED BEH IND A COUNTER IN AN AREA 17
ACCESSIBLE ONLY TO T HE PERSON AND EMPLOY EES OF THE PERSON ; OR 18
(III) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 19
SUBSECTION, SELL ELECTRONIC SMOK ING DEVICES, AS DEFINED IN § 16.7–101(C) 20
OF THE BUSINESS REGULATION ARTICLE, UNLESS THE PERSON VE RIFIES THAT THE 21
INDIVIDUAL IS AT LEA ST 21 YEARS OLD. 22
(2) This subsection does not apply to[: 23
(i) An] AN electronic smoking device that contains or delivers 24
nicotine intended for human consumption if the device has been approved by the United 25
States Food and Drug Administration for sale as a tobacco cessation product and is being 26
marketed and sold solely for this purpose[; or 27
(ii) A purchaser or recipient who: 28
1. Is at least 18 years of age; 29
2. Is an active duty member of the military; and 30
3. Presents a valid military identification]. 31 20 SENATE BILL 1056
(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A PERSON 1
MAY VERIFY AN INDIVI DUAL’S AGE ONLY: 2
(I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO 3
IDENTIFICATION CONTAIN ING THE INDIVIDUAL ’S DATE OF BIRTH; AND 4
(II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE 5
ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 6
(4) A PERSON IS NOT REQUIR ED TO VERIFY THE AGE OF AN 7
INDIVIDUAL AT LEAST 30 YEARS OLD. 8
(c) (1) A person that violates this section is subject to a civil penalty not 9
exceeding: 10
(i) $300 for a first violation; 11
(ii) $1,000 for a second violation occurring within 24 months after 12
the first violation; and 13
(iii) $3,000 for each subsequent violation occurring within 24 months 14
after the preceding violation. 15
(2) Issuance of a civil citation for a violation of this section precludes 16
prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 17
(3) If a violation is committed by a person acting on behalf of a retailer, the 18
civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 19
(d) In a prosecution for a violation of this section, it is a defense that the defendant 20
examined the purchaser’s or recipient’s driver’s license or other valid identification issued 21
by a government unit that positively identified the purchaser or recipient as at least 21 22
years of age [or as at least 18 years of age and an active duty member of the military]. 23
(e) (1) In this subsection, “designee” means a retired sworn law enforcement 24
officer employed by THE DEPARTMENT OR a county health officer or an employee of THE 25
DEPARTMENT OR a local health department trained in civil enforcement. 26
(2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law 27
enforcement officer, a county health officer, or a designee of a county health officer may 28
issue a civil citation for a violation of this section. 29
(3) A citation issued under this section shall include: 30
(i) The name and address of the person charged; 31 SENATE BILL 1056 21
(ii) The nature of the violation; 1
(iii) The location and time of the violation; 2
(iv) The amount of the civil penalty; 3
(v) The manner, location, and time in which the civil penalty may be 4
paid; 5
(vi) A notice stating the person’s right to elect to stand trial for the 6
violation; and 7
(vii) A warning that failure to pay the civil penalty or to contest 8
liability in a timely manner in accordance with the citation: 9
1. Is an admission of liability; and 10
2. May result in entry of a default judgment that may include 11
the civil penalty, court costs, and administrative expenses. 12
(4) The [sworn law enforcement officer] SECRETARY, SECRETARY’S 13
DESIGNEE, county health officer, or COUNTY HEALTH OFFICE R’S designee shall retain a 14
copy of the citation issued under this section. 15
(5) (i) 1. A person who receives a citation from THE SECRETARY, 16
THE SECRETARY’S DESIGNEE, a county health officer, or A COUNTY HEALTH OFFI CER’S 17
designee under this section may elect to stand trial for the violation by filing a notice of 18
intention to stand trial with the county health officer or designee at least 5 days before the 19
date set in the citation for the payment of the civil penalty. 20
2. After receiving a notice of intention to stand trial under 21
subsubparagraph 1 of this subparagraph, the SECRETARY, SECRETARY’S DESIGNEE, 22
county health officer, or COUNTY HEALTH OFFICE R’S designee shall forward the notice 23
and a copy of the citation to the District Court. 24
(ii) A person who receives a citation from a sworn law enforcement 25
officer under this section may elect to stand trial for the violation by filing a notice of 26
intention to stand trial and a copy of the citation with the District Court at least 5 days 27
before the date set in the citation for payment of the civil penalty. 28
(6) (i) After receiving a citation and notice under this section, the 29
District Court shall schedule the case for trial and notify the defendant of the trial date. 30
22 SENATE BILL 1056
(ii) In a proceeding before the District Court, a violation of this 1
section shall be prosecuted in the same manner and to the same extent as a municipal 2
infraction under §§ 6–108 through 6–115 of the Local Government Article. 3
(7) The District Court shall remit any penalties collected for a violation of 4
this section to the county in which the violation occurred. 5
(8) Adjudication of a violation of this section is not a criminal conviction for 6
any purpose. 7
24–307. 8
(a) (1) This section does not apply to the distribution of a coupon that is 9
redeemable for a tobacco product if the coupon is: 10
(i) Contained in a newspaper, a magazine, or any other type of 11
publication in which the coupon is incidental to the primary purpose of the publication; or 12
(ii) Sent through the mail. 13
(2) This section does not apply to the distribution of a tobacco product or 14
tobacco paraphernalia to[: 15
(i) An] AN individual under the age of 21 years who is acting solely 16
as the agent of the individual’s employer if the employer distributes tobacco products or 17
tobacco paraphernalia for commercial purposes[; or 18
(ii) A purchaser or recipient who: 19
1. Is at least 18 years of age; 20
2. Is an active duty member of the military; and 21
3. Presents a valid military identification]. 22
(b) (1) A person who distributes tobacco products for commercial purposes, 23
including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 24
Business Regulation Article, may not [distribute]: 25
(I) DISTRIBUTE to an individual under the age of 21 years: 26
[(1)] 1. A tobacco product; 27
[(2)] 2. Tobacco paraphernalia; or 28
[(3)] 3. A coupon redeemable for a tobacco product; 29 SENATE BILL 1056 23
(II) DISPLAY TOBACCO PRODU CTS FOR SALE UNLESS THE 1
TOBACCO PRODUCTS ARE LOCATED BEHIND A COU NTER IN AN AREA ACCE SSIBLE 2
ONLY TO THE PERSON A ND EMPLOYEES OF THE PERSON; OR 3
(III) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 4
SUBSECTION, SELL TOBACCO PRODUCT S UNLESS THE PERSON VERIFIES THAT THE 5
INDIVIDUAL IS AT LEA ST 21 YEARS OLD. 6
(2) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS MAY VERIFY 7
AN INDIVIDUAL’S AGE ONLY: 8
(I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO 9
IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 10
(II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE 11
ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 12
(3) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS IS NOT 13
REQUIRED TO VERIFY T HE AGE OF AN INDIVID UAL AT LEAST 30 YEARS OLD. 14
(c) (1) A person who violates subsection (b) of this section is subject to a civil 15
penalty not exceeding: 16
(i) $300 for a first violation; 17
(ii) $1,000 for a second violation occurring within 24 months after 18
the first violation; and 19
(iii) $3,000 for each subsequent violation occurring within 24 months 20
after the preceding violation. 21
(2) The local health departments shall report violations of subsection (b) of 22
this section to the Executive Director of the Alcohol [and], Tobacco, AND CANNABIS 23
Commission. 24
(3) Issuance of a civil citation for a violation of this section precludes 25
prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 26
(4) If a violation is committed by a person acting on behalf of a retailer, the 27
civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 28
(d) In a prosecution for a violation of subsection (b) of this section, it is a defense 29
that the defendant examined the purchaser’s or recipient’s driver’s license or other valid 30
identification issued by a governmental unit that positively identified the purchaser or 31 24 SENATE BILL 1056
recipient as at least 21 years old [or as at least 18 years of age and an active duty member 1
of the military]. 2
(e) (1) In this subsection, “designee” means a retired sworn law enforcement 3
officer employed by THE SECRETARY OR a county health officer or an employee of a local 4
health department trained in civil enforcement. 5
(2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law 6
enforcement officer, a county health officer, or a designee of a county health officer may 7
issue a civil citation for a violation of subsection (b) of this section. 8
(3) A citation issued under this subsection shall include: 9
(i) The name and address of the person charged; 10
(ii) The nature of the violation; 11
(iii) The location and time of the violation; 12
(iv) The amount of the civil penalty; 13
(v) The manner, location, and time in which the civil penalty may be 14
paid; 15
(vi) A notice stating the person’s right to elect to stand trial for the 16
violation; and 17
(vii) A warning that failure to pay the civil penalty or to contest 18
liability in a timely manner in accordance with the citation: 19
1. Is an admission of liability; and 20
2. May result in entry of a default judgment that may include 21
the civil penalty, court costs, and administrative expenses. 22
(4) The SECRETARY, SECRETARY’S DESIGNEE, county health officer, or 23
designee shall retain a copy of the citation issued under this subsection. 24
(5) (i) A person who receives a citation from THE SECRETARY, THE 25
SECRETARY’S DESIGNEE, a county health officer, or designee under this subsection may 26
elect to stand trial for the violation by filing a notice of intention to stand trial with the 27
county health officer or designee at least 5 days before the date set in the citation for the 28
payment of the civil penalty. 29
SENATE BILL 1056 25
(ii) After receiving a notice of intention to stand trial under 1
subparagraph (i) of this paragraph, the county health officer or designee shall forward the 2
notice and a copy of the citation to the District Court. 3
(6) (i) After receiving a citation and notice under this subsection, the 4
District Court shall schedule the case for trial and notify the defendant of the trial date. 5
(ii) In a proceeding before the District Court, a violation of 6
subsection (b) of this section shall be handled in the same manner as a municipal infraction 7
under §§ 6–108 through 6–115 of the Local Government Article. 8
(7) The District Court shall remit any penalties collected for a violation of 9
subsection (b) of this section to the county in which the violation occurred. 10
(8) Adjudication of a violation of subsection (b) of this section is not a 11
criminal conviction for any purpose. 12
(f) (1) The Maryland Department of Health, in collaboration and consultation 13
with [the Office of the Comptroller,] the Executive Director of the Alcohol [and], Tobacco, 14
AND CANNABIS Commission, local health departments, and local law enforcement 15
agencies, shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the 16
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
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
as follows: 25
Article – Health Occupations 26
12–403. 27
(c) Except as otherwise provided in this section, a pharmacy for which a 28
pharmacy permit has been issued under this title: 29
(22) (i) May provide to an ophthalmologist for office use, without a 30
patient–specific prescription: 31
1. Compound antibiotics for the emergency treatment of 32
bacterial endophthalmitis or viral retinitis; and 33 26 SENATE BILL 1056
2. Compound antivascular endothelial growth factor agents 1
for the emergency treatment of neovascular glaucoma, wet macular degeneration, or 2
macular edema; and 3
(ii) Shall require the ophthalmologist to inform the pharmacy of the 4
identity of any patient to whom the drugs are administered; [and] 5
(23) Subject to § 12–510 of this title, may provide compounded nonsterile 6
preparations or compounded sterile preparations without a patient–specific prescription to 7
a licensed veterinarian who intends to dispense the compounded nonsterile preparations 8
or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article; 9
AND 10
(24) MAY NOT SELL TOBACCO PRODUCTS, OTHER TOBACCO 11
PRODUCTS, AS DEFINED IN § 16.5–101 OF THE BUSINESS REGULATION ARTICLE, OR 12
ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THE BUSINESS 13
REGULATION ARTICLE. 14
SECTION 2. 3. 2. AND BE IT FURTHER ENACTED, That, on or before December 15
31, 2024 October 1, 2025, the Alcohol, Tobacco, and Cannabis Commission, in conjunction 16
with the Maryland Department of Health, the Comptroller, and the State Department of 17
Education, shall report to the Senate Finance Committee, the House Economic Matters 18
Committee, and the House Health and Government Operations Committee, in accordance 19
with § 2–1257 of the State Government Article, on: 20
(1) the number of retailers of cigarettes, other tobacco products, and 21
electronic smoking devices licensed under Title 16, Title 16.5, or Title 16.7 of the Business 22
Regulation Article, including information regarding the proximity of retailers to schools 23
and health care facilities; 24
(2) the processes and procedures currently used by the Alcohol, Tobacco, 25
and Cannabis Commission to maintain a list of all operating businesses that hold a license 26
under Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article; 27
(3) the geographic density of businesses currently holding a license under 28
Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article; 29
(4) the feasibility and resulting impact of limiting or establishing a 30
maximum number of licenses that could be issued under Title 16, Title 16.5, or Title 16.7 31
of the Business Regulation Article; and 32
(5) with regard to the use of tobacco, other tobacco products, and electric 33
smoking devices, including the use of flavored tobacco products, by individuals under the 34
age of 21 years in the State, an analysis of: 35
SENATE BILL 1056 27
(i) its prevalence in the described population; 1
(ii) the public health impacts; and 2
(iii) the economic impacts. 3
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
effect October 1, 2025. 5
SECTION 3. 5. 3. AND BE IT FURTHER ENACTED, That , except as provided in 6
Section 4 of this Act, this Act shall take effect October 1, 2024. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.