MD
Maryland Senate Bill SB1056

Maryland 2024 Regular Session

Maryland Senate Bill SB1056 Compare Versions

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1- WES MOORE, Governor Ch. 462
21
3-– 1 –
4-Chapter 462
5-(Senate Bill 1056)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb1056*
810
9-Cigarettes, Other Tobacco Products, and Electronic Smoking Devices –
10-Revisions
11-(Tobacco Retail Modernization Act of 2024)
11+SENATE BILL 1056
12+C2, E1, J2 (4lr2097)
13+ENROLLED BILL
14+— Finance/Economic Matters —
15+Introduced by Senator Kramer
1216
13-FOR the purpose of prohibiting licensees that sell cigarettes, other tobacco products, or
14-electronic smoking devices at retail from displaying cigarettes, other tobacco
15-products, or electronic smoking devices for sale unless located behind a counter;
16-requiring certain licensed retailers to verify an individual’s date of birth before
17-selling cigarettes, other tobacco products, or electronic smoking devices in a certain
18-manner; altering the application fee for a county license to sell cigarettes or tobacco
19-products at retail; repealing certain exceptions that authorize the sale, distribution,
20-or purchase of tobacco products, tobacco paraphernalia, and electronic smoking
21-devices to or for individuals under a certain age who are active duty military
22-members; requiring the Maryland Department of Health to conduct at least two
23-certain unannounced inspections of certain licensed retailers each year; repealing
24-the electronic smoking device retail license; altering the definition of “vape shop
25-vendor” to require that the vendor exclusively sell electronic smoking devices and
26-related accessories to consumers on the premises of its place of business; requiring
27-certain licensees to obtain an additional license in order to manufacture, distribute,
28-or sell electronic smoking devices; altering the penalty for distributing tobacco
29-products or tobacco paraphernalia to an individual under a certain age; authorizing
30-the court to make certain recommendations to the Executive Director of the Alcohol,
31-Tobacco, and Cannabis Commission regarding the suspension of certain licenses;
32-prohibiting a pharmacy from selling tobacco products, other tobacco products, and
33-electronic smoking devices; requiring the Alcohol, Tobacco, and Cannabis
34-Commission, in conjunction with the Maryland Depa rtment of Health, the
35-Comptroller, and the State Department of Education, to submit a certain report on
36-or before a certain date; and generally relating to the sale of cigarettes, other tobacco
37-products, and electronic smoking devices.
17+Read and Examined by Proofreaders:
3818
39-BY repealing and reenacting, without amendments,
40- Article – Business Regulation
41-Section 16–201(a), (d), and (k) and, 16.5–101(a), (f), (j), and (l), 16.7–203, 16.7–206,
42-and 16.7–211
43- Annotated Code of Maryland
44- (2015 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
4523
46-BY adding to
47- Article – Business Regulation
48-Section 16–209.1, 16.5–214.2, and 16.7–204.2
49-Annotated Code of Maryland Ch. 462 2024 LAWS OF MARYLAND
24+Sealed with the Great Seal and presented to the Governor, for his approval this
5025
51-– 2 –
52- (2015 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
5327
54-BY repealing and reenacting, with amendments,
55- Article – Business Regulation
56-Section 16–302, 16–308.3, 16.5–217.1, 16.7–101, 16.7–102, 16.7–201, 16.7–202,
57-16.7–203, 16.7–204, 16.7–204.1, 16.7–206, 16.7–211, and 16.7–213.1
58- Annotated Code of Maryland
59- (2015 Replacement Volume and 2023 Supplement)
28+______________________________________________
29+President.
6030
61-BY repealing and reenacting, with amendments,
62- Article – Criminal Law
63-Section 10–107
64- Annotated Code of Maryland
65- (2021 Replacement Volume and 2023 Supplement)
31+CHAPTER ______
6632
67-BY repealing and reenacting, with amendments,
68- Article – Health – General
69- Section 24–305 and 24–307
70- Annotated Code of Maryland
71- (2023 Replacement Volume)
33+AN ACT concerning 1
7234
73-BY repealing and reenacting, with amendments,
74- Article – Health Occupations
75-Section 12–403(c)(22) and (23)
76- Annotated Code of Maryland
77- (2021 Replacement Volume and 2023 Supplement)
35+Cigarettes, Other Tobacco Products, and Electronic Smoking Devices – 2
36+Revisions 3
37+(Tobacco Retail Modernization Act of 2024) 4
7838
79-BY adding to
80- Article – Health Occupations
81-Section 12–403(c)(24)
82- Annotated Code of Maryland
83- (2021 Replacement Volume and 2023 Supplement)
39+FOR the purpose of prohibiting licensees that sell cigarettes, other tobacco products, or 5
40+electronic smoking devices at retail from displaying cigarettes, other tobacco 6
41+products, or electronic smoking devices for sale unless located behind a counter; 7
42+requiring certain licensed retailers to verify an individual’s date of birth before 8
43+selling cigarettes, other tobacco products, or electronic smoking devices in a certain 9
44+manner; altering the application fee for a county license to sell cigarettes or tobacco 10
45+products at retail; repealing certain exceptions that authorize the sale, distribution, 11
46+or purchase of tobacco products, tobacco paraphernalia, and electronic smoking 12
47+devices to or for individuals under a certain age who are active duty military 13
48+members; requiring the Maryland Department of Health to conduct at least two 14
49+certain unannounced inspections of certain licensed retailers each year; repealing 15 2 SENATE BILL 1056
8450
85- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
86-That the Laws of Maryland read as follows:
8751
88-Article – Business Regulation
52+the electronic smoking device retail license; altering the definition of “vape shop 1
53+vendor” to require that the vendor exclusively sell electronic smoking devices and 2
54+related accessories to consumers on the premises of its place of business; requiring 3
55+certain licensees to obtain an additional license in order to manufacture, distribute, 4
56+or sell electronic smoking devices; altering the penalty for distributing tobacco 5
57+products or tobacco paraphernalia to an individual under a certain age; authorizing 6
58+the court to make certain recommendations to the Executive Director of the Alcohol, 7
59+Tobacco, and Cannabis Commission regarding the suspension of certain licenses; 8
60+prohibiting a pharmacy from selling tobacco products, other tobacco products, and 9
61+electronic smoking devices; requiring the Alcohol, Tobacco, and Cannabis 10
62+Commission, in conjunction with the Maryland Depart ment of Health, the 11
63+Comptroller, and the State Department of Education, to submit a certain report on 12
64+or before a certain date; and generally relating to the sale of cigarettes, other tobacco 13
65+products, and electronic smoking devices. 14
8966
90-16–201.
67+BY repealing and reenacting, without amendments, 15
68+ Article – Business Regulation 16
69+Section 16–201(a), (d), and (k) and, 16.5–101(a), (f), (j), and (l), 16.7–203, 16.7–206, 17
70+and 16.7–211 18
71+ Annotated Code of Maryland 19
72+ (2015 Replacement Volume and 2023 Supplement) 20
9173
92- (a) In this subtitle the following words have the meanings indicated.
74+BY adding to 21
75+ Article – Business Regulation 22
76+Section 16–209.1, 16.5–214.2, and 16.7–204.2 23
77+Annotated Code of Maryland 24
78+ (2015 Replacement Volume and 2023 Supplement) 25
9379
94- (d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of
95-this subtitle to act as a retailer.
80+BY repealing and reenacting, with amendments, 26
81+ Article – Business Regulation 27
82+Section 16–302, 16–308.3, 16.5–217.1, 16.7–101, 16.7–102, 16.7–201, 16.7–202, 28
83+16.7–203, 16.7–204, 16.7–204.1, 16.7–206, 16.7–211, and 16.7–213.1 29
84+ Annotated Code of Maryland 30
85+ (2015 Replacement Volume and 2023 Supplement) 31
9686
97- (k) “Retailer” means a person who: WES MOORE, Governor Ch. 462
87+BY repealing and reenacting, with amendments, 32
88+ Article – Criminal Law 33
89+Section 10–107 34
90+ Annotated Code of Maryland 35
91+ (2021 Replacement Volume and 2023 Supplement) 36
9892
99-– 3 –
93+BY repealing and reenacting, with amendments, 37
94+ Article – Health – General 38
95+ Section 24–305 and 24–307 39
96+ Annotated Code of Maryland 40
97+ (2023 Replacement Volume) 41
98+ SENATE BILL 1056 3
10099
101- (1) sells cigarettes to consumers through vending machines on fewer than
102-40 premises;
103100
104- (2) otherwise sells cigarettes to consumers; or
101+BY repealing and reenacting, with amendments, 1
102+ Article – Health Occupations 2
103+Section 12–403(c)(22) and (23) 3
104+ Annotated Code of Maryland 4
105+ (2021 Replacement Volume and 2023 Supplement) 5
105106
106- (3) holds cigarettes for sale to consumers.
107+BY adding to 6
108+ Article – Health Occupations 7
109+Section 12–403(c)(24) 8
110+ Annotated Code of Maryland 9
111+ (2021 Replacement Volume and 2023 Supplement) 10
107112
108-16–209.1.
113+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
114+That the Laws of Maryland read as follows: 12
109115
110- (A) A LICENSED RETAILER MA Y NOT DISPLAY CIGARE TTES FOR SALE
111-UNLESS THE CIGARETTE S ARE LOCATED BEHIND A COUNTER IN AN AREA
112-ACCESSIBLE ONLY TO T HE LICENSED RETAILER AND EMPLOYEES OF THE LICENSED
113-RETAILER.
116+Article – Business Regulation 13
114117
115- (B) (1) A LICENSED RETAILER MA Y NOT SELL CIGARETTE S TO AN
116-INDIVIDUAL UNLESS TH E LICENSED RETAILER VERIFIES, IN ACCORDANCE WITH
117-PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS:
118+16–201. 14
118119
119- (I) AT LEAST 21 YEARS OLD; OR
120+ (a) In this subtitle the following words have the meanings indicated. 15
120121
121- (II) 1. AT LEAST 18 YEARS OLD; AND
122+ (d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of 16
123+this subtitle to act as a retailer. 17
122124
123- 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN
124-POSSESSION OF A VALI D MILITARY IDENTIFIC ATION.
125+ (k) “Retailer” means a person who: 18
125126
126- (2) A SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A LICENSED
127-RETAILER MAY VERIFY AN INDIVIDUAL’S AGE ONLY:
127+ (1) sells cigarettes to consumers through vending machines on fewer than 19
128+40 premises; 20
128129
129- (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO
130-IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND
130+ (2) otherwise sells cigarettes to consumers; or 21
131131
132- (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE
133-ASSISTANCE OF ANY ELECTRONIC OR MECHAN ICAL DEVICE.
132+ (3) holds cigarettes for sale to consumers. 22
134133
135- (3) A LICENSED RETAILER IS NOT REQUIRED TO VERI FY THE AGE OF
136-AN INDIVIDUAL AT LEAST 30 YEARS OLD.
134+16–209.1. 23
137135
138-16–302.
136+ (A) A LICENSED RETAILER MA Y NOT DISPLAY CIGARE TTES FOR SALE 24
137+UNLESS THE CIGARETTE S ARE LOCATED BEHIND A COU NTER IN AN AREA 25
138+ACCESSIBLE ONLY TO T HE LICENSED RETAILER AND EMPLOYEES OF THE LICENSED 26
139+RETAILER. 27
139140
140- (a) For each county license, an applicant shall:
141+ (B) (1) A LICENSED RETAILER MA Y NOT SELL CIGARETTE S TO AN 28
142+INDIVIDUAL UNLESS TH E LICENSED RETAILER VERIFIES, IN ACCORDANCE WITH 29
143+PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 30
141144
142- (1) submit an application to the clerk; and
145+ (I) AT LEAST 21 YEARS OLD; OR 31
146+ 4 SENATE BILL 1056
143147
144- (2) pay to the clerk a license fee of[: Ch. 462 2024 LAWS OF MARYLAND
145148
146-– 4 –
149+ (II) 1. AT LEAST 18 YEARS OLD; AND 1
147150
148- (i) $25 in a county other than Cecil County or Montgomery County;
151+ 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 2
152+POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 3
149153
150- (ii) $50 in Cecil County; or
154+ (2) A SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A LICENSED 4
155+RETAILER MAY VERIFY AN INDIVIDUAL’S AGE ONLY: 5
151156
152- (iii) $125 in Montgomery County] $300.
157+ (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 6
158+IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 7
153159
154- (b) (1) From each license fee collected under subsection (a) of this section, the
155-[Clerk of the Circuit Court for Montgomery County] CLERK shall distribute:
160+ (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 8
161+ASSISTANCE OF ANY ELECTRONIC OR MECHAN ICAL DEVICE. 9
156162
157- (i) $25 to the Executive Director; and
163+ (3) A LICENSED RETAILER IS NOT REQUIRED TO VERI FY THE AGE OF 10
164+AN INDIVIDUAL AT LEAST 30 YEARS OLD. 11
158165
159- (ii) $100 IN MONTGOMERY COUNTY, $275 to [Montgomery
160-County] THE COUNTY to be used to enforce existing laws banning the sale or distribution
161-of tobacco or, tobacco products, OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN §
162-16.7–101 OF THIS ARTICLE, to individuals under the age of 21 years; AND
166+16–302. 12
163167
164- (III) IN ALL OTHER COUNTIE S, $275 TO THE MARYLAND
165-DEPARTMENT OF HEALTH TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO
166-ENFORCE EXISTING LAW S PROHIBITING THE SA LE OR DISTRIBUTION O F TOBACCO,
167-TOBACCO PRODUCTS , OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN §
168-16.7–101 OF THIS ARTICLE, TO INDIVIDUALS UNDER THE AGE OF 21 YEARS.
168+ (a) For each county license, an applicant shall: 13
169169
170- (2) Funds distributed under paragraph (1)(ii) of this subsection may not be
171-used to supplant existing funding for the enforcement of laws banning the sale or
172-distribution of tobacco or tobacco products to individuals under the age of 21 years.
170+ (1) submit an application to the clerk; and 14
173171
174-16–308.3.
172+ (2) pay to the clerk a license fee of[: 15
175173
176- (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
177-Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO
178-ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s
179-compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH
180-YEAR.
174+ (i) $25 in a county other than Cecil County or Montgomery County; 16
181175
182- (2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS
183-TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT
184-OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN
185-180 DAYS AFTER THE INITI AL INSPECTION.
176+ (ii) $50 in Cecil County; or 17
186177
187- (b) The Maryland Department of Health OR ITS DESIGNEE may use an
188-individual under the age of 21 years to assist in conducting an inspection under this section.
189- WES MOORE, Governor Ch. 462
178+ (iii) $125 in Montgomery County] $300. 18
190179
191-– 5 –
192- (C) TO DETERMINE THE LOCA TION OF A LICENSED R ETAILER SUBJECT TO
193-AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS
194-DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF
195-THE PREVIOUS CA LENDAR YEAR .
180+ (b) (1) From each license fee collected under subsection (a) of this section, the 19
181+[Clerk of the Circuit Court for Montgomery County] CLERK shall distribute: 20
196182
197-16.5–101.
183+ (i) $25 to the Executive Director; and 21
198184
199- (a) In this title the following words have the meanings indicated.
185+ (ii) $100 IN MONTGOMERY COUNTY, $275 to [Montgomery 22
186+County] THE COUNTY to be used to enforce existing laws banning the sale or distribution 23
187+of tobacco or, tobacco products, OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN § 24
188+16.7–101 OF THIS ARTICLE, to individuals under the age of 21 years; AND 25
200189
201- (f) “Licensed other tobacco products retailer” means a person licensed by the
202-clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer.
190+ (III) IN ALL OTHER COUNTIE S, $275 TO THE MARYLAND 26
191+DEPARTMENT OF HEALTH TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO 27
192+ENFORCE EXISTING LAW S PROHIBITING THE SA LE OR DISTRIBUTION O F TOBACCO, 28 SENATE BILL 1056 5
203193
204- (j) (1) “Other tobacco products” means, except as provided in paragraph (3) of
205-this subsection, a product that is:
206194
207- (i) intended for human consumption or likely to be consumed,
208-whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other
209-manner, and that is made of or derived from, or that contains:
195+TOBACCO PRODUCTS , OR ELECTRONIC SMOKIN G DEVICES, AS DEFINED IN § 1
196+16.7–101 OF THIS ARTICLE, TO INDIVIDUALS UNDER THE AGE OF 21 YEARS. 2
210197
211- 1. tobacco; or
198+ (2) Funds distributed under paragraph (1)(ii) of this subsection may not be 3
199+used to supplant existing funding for the enforcement of laws banning the sale or 4
200+distribution of tobacco or tobacco products to individuals under the age of 21 years. 5
212201
213- 2. nicotine; or
202+16–308.3. 6
214203
215- (ii) a component or part used in a consumable product described
216-under item (i) of this paragraph.
204+ (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 7
205+Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 8
206+ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s 9
207+compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH 10
208+YEAR. 11
217209
218- (2) “Other tobacco products” includes:
210+ (2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS 12
211+TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT 13
212+OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN 14
213+180 DAYS AFTER THE INITI AL INSPECTION. 15
219214
220- (i) cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and
221-snus; and
215+ (b) The Maryland Department of Health OR ITS DESIGNEE may use an 16
216+individual under the age of 21 years to assist in conducting an inspection under this section. 17
222217
223- (ii) filters, rolling papers, pipes, and hookahs.
218+ (C) TO DETERMINE THE LOCA TION OF A LICENSED R ETAILER SUBJECT TO 18
219+AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS 19
220+DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF 20
221+THE PREVIOUS CA LENDAR YEAR . 21
224222
225- (3) “Other tobacco products” does not include:
223+16.5–101. 22
226224
227- (i) cigarettes;
225+ (a) In this title the following words have the meanings indicated. 23
228226
229- (ii) electronic smoking devices;
227+ (f) “Licensed other tobacco products retailer” means a person licensed by the 24
228+clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer. 25
230229
231- (iii) drugs, devices, or combination products authorized for sale by
232-the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act;
233-or
230+ (j) (1) “Other tobacco products” means, except as provided in paragraph (3) of 26
231+this subsection, a product that is: 27
234232
235- (iv) tobacco pipes, as defined under § 11–104 of the Tax – General
236-Article.
237- Ch. 462 2024 LAWS OF MARYLAND
233+ (i) intended for human consumption or likely to be consumed, 28
234+whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other 29
235+manner, and that is made of or derived from, or that contains: 30
238236
239-– 6 –
240- (l) “Other tobacco products retailer” means a person who:
237+ 1. tobacco; or 31
241238
242- (1) sells other tobacco products to consumers; or
239+ 2. nicotine; or 32 6 SENATE BILL 1056
243240
244- (2) holds other tobacco products for sale to consumers.
245241
246-16.5–214.2.
247242
248- (A) (1) THIS SUBSECTION DOES NOT APPLY TO:
243+ (ii) a component or part used in a consumable product described 1
244+under item (i) of this paragraph. 2
249245
250- (I) A LICENSED TOBACCONI ST; OR
246+ (2) “Other tobacco products” includes: 3
251247
252- (II) THE SALE OF PREMIUM CIGARS.
248+ (i) cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and 4
249+snus; and 5
253250
254- (2) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT
255-DISPLAY OTHER TOBACC O PRODUCTS FOR SALE UNLESS THE OTHER TOB ACCO
256-PRODUCTS ARE LOCATED BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE
257-LICENSED OTHER TOBAC CO PRODU CTS RETAILER AND EMP LOYEES OF THE
258-LICENSED OTHER TOBAC CO PRODUCTS RETAILER .
251+ (ii) filters, rolling papers, pipes, and hookahs. 6
259252
260- (B) (1) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT
261-SELL CIGARETTES OTHER TOBACCO PRODUC TS TO AN INDIVIDUAL UNL ESS THE
262-LICENSED OTHER TOBAC CO PRODUCTS RETAILER VERIFIES, IN ACCORDANCE WITH
263-PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS:
253+ (3) “Other tobacco products” does not include: 7
264254
265- (I) AT LEAST 21 YEARS OLD; OR
255+ (i) cigarettes; 8
266256
267- (II) 1. AT LEAST 18 YEARS OLD; AND
257+ (ii) electronic smoking devices; 9
268258
269- 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN
270-POSSESSION OF A VALI D MILITARY IDENTIFIC ATION.
259+ (iii) drugs, devices, or combination products authorized for sale by 10
260+the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; 11
261+or 12
271262
272- (2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
273-A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY VERIFY AN INDIVI DUAL’S
274-AGE ONLY:
263+ (iv) tobacco pipes, as defined under § 11–104 of the Tax – General 13
264+Article. 14
275265
276- (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO
277-IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND
266+ (l) “Other tobacco products retailer” means a person who: 15
278267
279- (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE
280-ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE.
268+ (1) sells other tobacco products to consumers; or 16
281269
282- (3) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER IS NOT
283-REQUIRED TO VERIFY T HE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD. WES MOORE, Governor Ch. 462
270+ (2) holds other tobacco products for sale to consumers. 17
284271
285-– 7 –
272+16.5–214.2. 18
286273
287-16.5–217.1.
274+ (A) (1) THIS SUBSECTION DOES NOT APPLY TO: 19
288275
289- (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
290-Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO
291-ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s
292-compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH
293-YEAR.
276+ (I) A LICENSED TOBACCONI ST; OR 20
294277
295- (2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS
296-TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT
297-OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN
298-180 DAYS AFTER THE INITIAL INS PECTION.
278+ (II) THE SALE OF PREMIUM CIGARS. 21
299279
300- (b) The Maryland Department of Health OR ITS DESIGNEE may use an
301-individual under the age of 21 years to assist in conducting an inspection under this section.
280+ (2) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT 22
281+DISPLAY OTHER TOBACC O PRODUCTS FOR SALE UNLESS THE OTHER TOB ACCO 23
282+PRODUCTS ARE LOCATED BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE 24
283+LICENSED OTHER TOBACCO PRODUCTS RET AILER AND EMPLOYEES OF THE 25
284+LICENSED OTHER TOBAC CO PRODUCTS RETAILER . 26
302285
303- (C) TO DETERMINE THE LOCA TION OF A LICENSED R ETAILER SUBJECT TO
304-AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS
305-DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF
306-THE PREVIOUS CALENDA R YEAR.
286+ (B) (1) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY NOT 27
287+SELL CIGARETTES OTHER TOBACCO PRODUC TS TO AN INDIVIDUAL UNL ESS THE 28 SENATE BILL 1056 7
307288
308-16.7–101.
309289
310- (a) In this title the following words have the meanings indicated.
290+LICENSED OTHER TOBAC CO PRODUCTS RETAILE R VERIFIES, IN ACCORDANCE WITH 1
291+PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 2
311292
312- (b) “County license” means a license issued by the clerk to sell electronic smoking
313-devices to consumers in a county.
293+ (I) AT LEAST 21 YEARS OLD; OR 3
314294
315- (c) (1) “Electronic smoking device” means a device that can be used to deliver
316-aerosolized or vaporized nicotine to an individual inhaling from the device.
295+ (II) 1. AT LEAST 18 YEARS OLD; AND 4
317296
318- (2) “Electronic smoking device” includes:
297+ 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 5
298+POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 6
319299
320- (i) an electronic cigarette, an electronic cigar, an electronic cigarillo,
321-an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and
300+ (2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 7
301+A LICENSED OTHER TOBAC CO PRODUCTS RETAILER MAY VERIFY AN INDIVI DUAL’S 8
302+AGE ONLY: 9
322303
323- (ii) except as provided in paragraph (3) of this subsection, any
324-component, part, or accessory of such a device regardless of whether or not it is sold
325-separately, including any substance intended to be aerosolized or vaporized during use of
326-the device.
304+ (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 10
305+IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 11
327306
328- (3) “Electronic smoking device” does not include:
329- Ch. 462 2024 LAWS OF MARYLAND
307+ (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 12
308+ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 13
330309
331-– 8 –
332- (i) a drug, device, or combination product authorized for sale by the
333-U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or
310+ (3) A LICENSED OTHER TOBAC CO PRODUCTS RETAILER IS NOT 14
311+REQUIRED TO VERIFY T HE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD. 15
334312
335- (ii) a battery or battery charger when sold separately.
313+16.5–217.1. 16
336314
337- (d) “Electronic smoking devices manufacturer” means a person that:
315+ (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 17
316+Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 18
317+ONE unannounced inspections INSPECTION of a licensed retailer to ensure the licensee’s 19
318+compliance with the provisions of this title and § 10–107 of the Criminal Law Article EACH 20
319+YEAR. 21
338320
339- (1) manufactures, mixes, or otherwise produces electronic smoking devices
340-intended for sale in the State, including electronic smoking devices intended for sale in the
341-United States through an importer; and
321+ (2) IF A LICENSED RETAILE R VIOLATES ANY PROVI SION OF THIS 22
322+TITLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE MARYLAND DEPARTMENT 23
323+OF HEALTH SHALL CONDUCT AN ADDITIONAL UNANNO UNCED INSPECTION WIT HIN 24
324+180 DAYS AFTER THE INITI AL INSPECTION. 25
342325
343- (2) (i) [sells electronic smoking devices to a consumer, if the consumer
344-purchases or orders the devices through the mail, a computer network, a telephonic
345-network, or another electronic network, a licensed electronic smoking devices wholesaler
346-distributor, or a licensed electronic smoking devices wholesaler importer in the State;
326+ (b) The Maryland Department of Health OR ITS DESIGNEE may use an 26
327+individual under the age of 21 years to assist in conducting an inspection under this section. 27
347328
348- (ii)] if the electronic smoking devices manufacturer also holds a
349-license to act as [an electronic smoking devices retailer or] a vape shop vendor, sells
350-electronic smoking devices IN THE SAME MANNER A S A VAPE SHOP VENDOR to
351-consumers located in the State; or
329+ (C) TO DETERMINE THE LOCA TION OF A LICENSED RETAILER SUBJECT TO 28
330+AN UNANNOUNCED INSPE CTION, THE MARYLAND DEPARTMENT OF HEALTH OR ITS 29
331+DESIGNEE SHALL USE T HE LIST OF LICENSED RETAILERS AS OF DECEMBER 31 OF 30
332+THE PREVIOUS CALENDA R YEAR. 31
333+ 8 SENATE BILL 1056
352334
353- [(iii)] (II) unless otherwise prohibited or restricted under local law,
354-this article, or the Criminal Law Article, distributes sample electronic smoking devices to
355-a licensed [electronic smoking devices retailer or] vape shop vendor.
356335
357- [(e) “Electronic smoking devices retailer” means a person that:
336+16.7–101. 1
358337
359- (1) sells electronic smoking devices to consumers;
338+ (a) In this title the following words have the meanings indicated. 2
360339
361- (2) holds electronic smoking devices for sale to consumers; or
340+ (b) “County license” means a license issued by the clerk to sell electronic smoking 3
341+devices to consumers in a county. 4
362342
363- (3) unless otherwise prohibited or restricted under local law, this article,
364-the Criminal Law Article, or § 24–305 of the Health – General Article, distributes sample
365-electronic smoking devices to consumers in the State.]
343+ (c) (1) “Electronic smoking device” means a device that can be used to deliver 5
344+aerosolized or vaporized nicotine to an individual inhaling from the device. 6
366345
367- [(f)] (E) “Electronic smoking devices wholesaler distributor” means a person
368-that:
346+ (2) “Electronic smoking device” includes: 7
369347
370- (1) obtains at least 70% of its electronic smoking devices from a holder of
371-an electronic smoking devices manufacturer license under this subtitle or a business entity
372-located in the United States; and
348+ (i) an electronic cigarette, an electronic cigar, an electronic cigarillo, 8
349+an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and 9
373350
374- (2) (i) holds electronic smoking devices for sale to another person for
375-resale; or
376- WES MOORE, Governor Ch. 462
351+ (ii) except as provided in paragraph (3) of this subsection, any 10
352+component, part, or accessory of such a device regardless of whether or not it is sold 11
353+separately, including any substance intended to be aerosolized or vaporized during use of 12
354+the device. 13
377355
378-– 9 –
379- (ii) sells electronic smoking devices to another person for resale.
356+ (3) “Electronic smoking device” does not include: 14
380357
381- [(g)] (F) “Electronic smoking devices wholesaler importer” means a person that:
358+ (i) a drug, device, or combination product authorized for sale by the 15
359+U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or 16
382360
383- (1) obtains at least 70% of its electronic smoking devices from a business
384-entity located in a foreign country; and
361+ (ii) a battery or battery charger when sold separately. 17
385362
386- (2) (i) holds electronic smoking devices for sale to another person for
387-resale; or
363+ (d) “Electronic smoking devices manufacturer” means a person that: 18
388364
389- (ii) sells electronic smoking devices to another person for resale.
365+ (1) manufactures, mixes, or otherwise produces electronic smoking devices 19
366+intended for sale in the State, including electronic smoking devices intended for sale in the 20
367+United States through an importer; and 21
390368
391- [(h)] (G) “Executive Director” means the Executive Director of the Alcohol [and],
392-Tobacco, AND CANNABIS Commission.
369+ (2) (i) [sells electronic smoking devices to a consumer, if the consumer 22
370+purchases or orders the devices through the mail, a computer network, a telephonic 23
371+network, or another electronic network, a licensed electronic smoking devices wholesaler 24
372+distributor, or a licensed electronic smoking devices wholesaler importer in the State; 25
393373
394- [(i)] (H) “License” means:
374+ (ii)] if the electronic smoking devices manufacturer also holds a 26
375+license to act as [an electronic smoking devices retailer or] a vape shop vendor, sells 27
376+electronic smoking devices IN THE SAME MANNER A S A VAPE SHOP VENDOR to 28
377+consumers located in the State; or 29
395378
396- (1) a license issued by the Executive Director under § 16.7–203(a) of this
397-title to:
379+ [(iii)] (II) unless otherwise prohibited or restricted under local law, 30
380+this article, or the Criminal Law Article, distributes sample electronic smoking devices to 31
381+a licensed [electronic smoking devices retailer or] vape shop vendor. 32 SENATE BILL 1056 9
398382
399- (i) act as a licensed electronic smoking devices manufacturer;
400383
401- (ii) act as a licensed electronic smoking devices wholesaler
402-distributor; or
403384
404- (iii) act as a licensed electronic smoking devices wholesaler importer;
405-or
385+ [(e) “Electronic smoking devices retailer” means a person that: 1
406386
407- (2) a license issued by the clerk under § 16.7–203(b) of this title to[:
387+ (1) sells electronic smoking devices to consumers; 2
408388
409- (i) act as a licensed electronic smoking devices retailer; or
389+ (2) holds electronic smoking devices for sale to consumers; or 3
410390
411- (ii)] act as a licensed vape shop vendor.
391+ (3) unless otherwise prohibited or restricted under local law, this article, 4
392+the Criminal Law Article, or § 24–305 of the Health – General Article, distributes sample 5
393+electronic smoking devices to consumers in the State.] 6
412394
413- [(j)] (I) “Sell” means to exchange or transfer, or to agree to exchange or
414-transfer, title or possession of property, in any manner or by any means, for consideration.
395+ [(f)] (E) “Electronic smoking devices wholesaler distributor” means a person 7
396+that: 8
415397
416- [(k)] (J) “Vape shop vendor” means an electronic smoking devices business that
417-[derives at least 70% of its revenues, measured by average daily receipts, from the sale of]
418-EXCLUSIVELY SELLS electronic smoking devices and related accessories TO CONSUMERS
419-ON THE PREMISES OF I TS PLACE OF BUSINESS .
398+ (1) obtains at least 70% of its electronic smoking devices from a holder of 9
399+an electronic smoking devices manufacturer license under this subtitle or a business entity 10
400+located in the United States; and 11
420401
421- [(l)] (K) “Vaping liquid” means a liquid that:
422- Ch. 462 2024 LAWS OF MARYLAND
402+ (2) (i) holds electronic smoking devices for sale to another person for 12
403+resale; or 13
423404
424-– 10 –
425- (1) consists of propylene glycol, vegetable glycerin, or other similar
426-substance;
405+ (ii) sells electronic smoking devices to another person for resale. 14
427406
428- (2) may or may not contain natural or artificial flavors;
407+ [(g)] (F) “Electronic smoking devices wholesaler importer” means a person that: 15
429408
430- (3) may or may not contain nicotine; and
409+ (1) obtains at least 70% of its electronic smoking devices from a business 16
410+entity located in a foreign country; and 17
431411
432- (4) converts to vapor intended for inhalation when heated in an electronic
433-device.
412+ (2) (i) holds electronic smoking devices for sale to another person for 18
413+resale; or 19
434414
435-16.7–102.
415+ (ii) sells electronic smoking devices to another person for resale. 20
436416
437- (a) The Executive Director may delegate any power or duty of the Executive
438-Director under this title.
417+ [(h)] (G) “Executive Director” means the Executive Director of the Alcohol [and], 21
418+Tobacco, AND CANNABIS Commission. 22
439419
440- (b) Any person licensed under Title 16 or Title 16.5 of this article, or an affiliate,
441-as defined under § 16–402(c) of this article, of a person licensed under Title 16 of this
442-article[:
420+ [(i)] (H) “License” means: 23
443421
444- (1) is authorized to manufacture, distribute, or sell electronic smoking
445-devices pursuant to this title in the same capacity as the person is licensed under Title 16
446-or Title 16.5 of this article; and
422+ (1) a license issued by the Executive Director under § 16.7–203(a) of this 24
423+title to: 25
447424
448- (2) may not be required to] MUST obtain an additional license under this
449-title IN ORDER TO MANUFACT URE, DISTRIBUTE, OR SELL ELECTRONIC S MOKING
450-DEVICES PURSUANT TO THIS TITLE.
425+ (i) act as a licensed electronic smoking devices manufacturer; 26
451426
452-16.7–201.
427+ (ii) act as a licensed electronic smoking devices wholesaler 27
428+distributor; or 28
429+ 10 SENATE BILL 1056
453430
454- [(a)] A person must hold an appropriate license before the person may act as:
455431
456- (1) an electronic smoking devices manufacturer;
432+ (iii) act as a licensed electronic smoking devices wholesaler importer; 1
433+or 2
457434
458- (2) [an electronic smoking devices retailer;
435+ (2) a license issued by the clerk under § 16.7–203(b) of this title to[: 3
459436
460- (3)] an electronic smoking devices wholesaler distributor;
437+ (i) act as a licensed electronic smoking devices retailer; or 4
461438
462- [(4)] (3) an electronic smoking devices wholesaler importer; or
439+ (ii)] act as a licensed vape shop vendor. 5
463440
464- [(5)] (4) a vape shop vendor.
441+ [(j)] (I) “Sell” means to exchange or transfer, or to agree to exchange or 6
442+transfer, title or possession of property, in any manner or by any means, for consideration. 7
465443
466- [(b) A place of business in which a person acts as an electronic smoking devices
467-retailer or a vape shop vendor must hold an appropriate license.]
444+ [(k)] (J) “Vape shop vendor” means an electronic smoking devices business that 8
445+[derives at least 70% of its revenues, measured by average daily receipts, from the sale of] 9
446+EXCLUSIVELY SELLS electronic smoking devices and related accessories TO CONSUMERS 10
447+ON THE PREMISES OF I TS PLACE OF BUSINESS . 11
468448
469-16.7–202. WES MOORE, Governor Ch. 462
449+ [(l)] (K) “Vaping liquid” means a liquid that: 12
470450
471-– 11 –
451+ (1) consists of propylene glycol, vegetable glycerin, or other similar 13
452+substance; 14
472453
473- (a) (1) An applicant for a license to act as an electronic smoking devices
474-manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking
475-devices wholesaler importer shall:
454+ (2) may or may not contain natural or artificial flavors; 15
476455
477- (i) obtain an appropriate county license by submitting an
478-application to the Executive Director on the form and containing the information that the
479-Executive Director requires;
456+ (3) may or may not contain nicotine; and 16
480457
481- (ii) indicate the licenses for which the applicant is applying; and
458+ (4) converts to vapor intended for inhalation when heated in an electronic 17
459+device. 18
482460
483- (iii) except as provided in paragraph (2) of this subsection, pay to the
484-Executive Director a fee of $25 for each license for which the applicant applies.
461+16.7–102. 19
485462
486- (2) An applicant for a license to act as an electronic smoking devices
487-wholesaler distributor or electronic smoking devices wholesaler importer shall pay to the
488-Executive Director a fee of $150.
463+ (a) The Executive Director may delegate any power or duty of the Executive 20
464+Director under this title. 21
489465
490- (b) (1) An applicant for a license to act as [an electronic smoking devices
491-retailer or] a vape shop vendor:
466+ (b) Any person licensed under Title 16 or Title 16.5 of this article, or an affiliate, 22
467+as defined under § 16–402(c) of this article, of a person licensed under Title 16 of this 23
468+article[: 24
492469
493- (i) shall obtain a county license by submitting to the clerk an
494-application for each permanent or temporary place of business located in the same
495-enclosure and operated by the same applicant; and
470+ (1) is authorized to manufacture, distribute, or sell electronic smoking 25
471+devices pursuant to this title in the same capacity as the person is licensed under Title 16 26
472+or Title 16.5 of this article; and 27
496473
497- (ii) except as provided in paragraph (2) of this subsection, shall pay
498-to the clerk a fee of $25 $300.
474+ (2) may not be required to] MUST obtain an additional license under this 28
475+title IN ORDER TO MANUFACT URE, DISTRIBUTE, OR SELL ELECTRONIC S MOKING 29
476+DEVICES PURSUANT TO THIS TITLE. 30
477+ SENATE BILL 1056 11
499478
500- (2) The application shall:
501479
502- (i) be made on the form that the clerk requires; and
480+16.7–201. 1
503481
504- (ii) contain the information that the Executive Director requires.
482+ [(a)] A person must hold an appropriate license before the person may act as: 2
505483
506- (3) (I) FROM EACH LICENSE FEE COLLECTED UNDER THIS
507-SUBSECTION, THE CLERK SHALL DIST RIBUTE:
484+ (1) an electronic smoking devices manufacturer; 3
508485
509- 1. $25 TO THE EXECUTIVE DIRECTOR; AND
486+ (2) [an electronic smoking devices retailer; 4
510487
511- 2. $275 TO THE MARYLAND DEPARTMENT OF HEALTH
512-TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO ENFORCE EXI STING LAWS
513-PROHIBITING THE SALE OR DISTRIBUTION OF T OBACCO, TOBACCO PRODUCTS , OR
514-ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THIS TITLE, TO
515-INDIVIDUALS UN DER THE AGE OF 21 YEARS.
516- Ch. 462 2024 LAWS OF MARYLAND
488+ (3)] an electronic smoking devices wholesaler distributor; 5
517489
518-– 12 –
519- (II) FUNDS DISTRIBUTED UND ER THIS SUBSECTION M AY NOT BE
520-USED TO SUPPLANT EXI STING FUNDING FOR TH E ENFORCEMENT OF LAW S BANNING
521-THE SALE OR DISTRIBU TION OF TOBACCO , TOBACCO PRODUCTS , OR ELECTRONIC
522-SMOKING DEVICES TO I NDIVIDUALS U NDER THE AGE OF 21 YEARS.
490+ [(4)] (3) an electronic smoking devices wholesaler importer; or 6
523491
524- (c) A licensee shall display a license in the way that the Executive Director
525-requires by regulation.
492+ [(5)] (4) a vape shop vendor. 7
526493
527- (d) If a person has had a license revoked under § 16.7–207 of this subtitle, the
528-person may not reapply for a license within 1 year after the date when the prior license was
529-revoked.
494+ [(b) A place of business in which a person acts as an electronic smoking devices 8
495+retailer or a vape shop vendor must hold an appropriate license.] 9
530496
531-16.7–203.
497+16.7–202. 10
532498
533- (a) The Executive Director shall issue an appropriate license to each applicant
534-that meets the requirements of this subtitle for a license to act as an electronic smoking
535-devices manufacturer, electronic smoking devices wholesaler distributor, or electronic
536-smoking devices wholesaler importer.
499+ (a) (1) An applicant for a license to act as an electronic smoking devices 11
500+manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking 12
501+devices wholesaler importer shall: 13
537502
538- (b) The clerk shall issue to each applicant that meets the requirements of this
539-subtitle a license to act as [an electronic smoking devices retailer or] a vape shop vendor.
503+ (i) obtain an appropriate county license by submitting an 14
504+application to the Executive Director on the form and containing the information that the 15
505+Executive Director requires; 16
540506
541- (c) The clerk shall forward a copy of an application received for each license
542-issued under subsection (b) of this section to the Executive Director within 30 days after
543-issuance of the license.
507+ (ii) indicate the licenses for which the applicant is applying; and 17
544508
545-16.7–204.
509+ (iii) except as provided in paragraph (2) of this subsection, pay to the 18
510+Executive Director a fee of $25 for each license for which the applicant applies. 19
546511
547- (a) An electronic smoking devices manufacturer license authorizes the licensee
548-to:
512+ (2) An applicant for a license to act as an electronic smoking devices 20
513+wholesaler distributor or electronic smoking devices wholesaler importer shall pay to the 21
514+Executive Director a fee of $150. 22
549515
550- (1) sell electronic smoking devices to:
516+ (b) (1) An applicant for a license to act as [an electronic smoking devices 23
517+retailer or] a vape shop vendor: 24
551518
552- (i) a licensed electronic smoking devices wholesaler located in the
553-State;
519+ (i) shall obtain a county license by submitting to the clerk an 25
520+application for each permanent or temporary place of business located in the same 26
521+enclosure and operated by the same applicant; and 27
554522
555- (ii) an electronic smoking devices wholesaler or retailer located
556-outside the State if the electronic smoking devices may be sold lawfully in Maryland;
523+ (ii) except as provided in paragraph (2) of this subsection, shall pay 28
524+to the clerk a fee of $25 $300. 29
525+ 12 SENATE BILL 1056
557526
558- (iii) a licensed vape shop vendor[; and
559527
560- (iv) a consumer if:
528+ (2) The application shall: 1
561529
562- 1. the licensee manufactured the devices; and
563- WES MOORE, Governor Ch. 462
530+ (i) be made on the form that the clerk requires; and 2
564531
565-– 13 –
566- 2. the consumer purchases or orders the devices through the
567-mail, a computer network, a telephonic network, or another electronic network];
532+ (ii) contain the information that the Executive Director requires. 3
568533
569- (2) if the electronic smoking devices manufacturer licensee also holds a
570-license to act as [an electronic smoking devices retailer or] a vape shop vendor, transfer
571-electronic smoking devices to inventory for sale under the [retail license or] vape shop
572-license; and
534+ (3) (I) FROM EACH LICENSE FEE COLLECTED UNDER THIS 4
535+SUBSECTION, THE CLERK SHALL DIST RIBUTE: 5
573536
574- (3) except as otherwise prohibited or restricted under local law, this article,
575-or the Criminal Law Article, distribute electronic smoking devices products to a licensed
576-[electronic smoking devices retailer or] vape shop vendor.
537+ 1. $25 TO THE EXECUTIVE DIRECTOR; AND 6
577538
578- [(b) An electronic smoking devices retailer license authorizes the licensee to:
539+ 2. $275 TO THE MARYLAND DEPARTMENT OF HEALTH 7
540+TO BE USED BY THE DEPARTMENT OR ITS DES IGNEE TO ENFORCE EXI STING LAWS 8
541+PROHIBITING THE SALE OR DISTRIBUTION OF T OBACCO, TOBACCO PRODUCTS , OR 9
542+ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THIS TITLE, TO 10
543+INDIVIDUALS UNDER THE AGE O F 21 YEARS. 11
579544
580- (1) sell electronic smoking devices to consumers;
545+ (II) FUNDS DISTRIBUTED UND ER THIS SUBSECTION M AY NOT BE 12
546+USED TO SUPPLANT EXI STING FUNDING FOR TH E ENFORCEMENT OF LAW S BANNING 13
547+THE SALE OR DISTRIBU TION OF TOBACCO , TOBACCO PRODUCTS , OR ELECTRONIC 14
548+SMOKING DEVICES TO INDIVIDUALS UNDER TH E AGE OF 21 YEARS. 15
581549
582- (2) buy electronic smoking devices from an electronic smoking devices
583-wholesaler distributor or electronic smoking devices wholesaler importer;
550+ (c) A licensee shall display a license in the way that the Executive Director 16
551+requires by regulation. 17
584552
585- (3) if the electronic smoking devices retailer licensee also holds a license to
586-act as an electronic smoking devices manufacturer, sell at retail electronic smoking devices
587-manufactured under the manufacturer license; and
553+ (d) If a person has had a license revoked under § 16.7–207 of this subtitle, the 18
554+person may not reapply for a license within 1 year after the date when the prior license was 19
555+revoked. 20
588556
589- (4) except as otherwise prohibited or restricted under local law, this article,
590-the Criminal Law Article, or § 24–305 of the Health – General Article, distribute sample
591-electronic smoking devices products to consumers in the State.]
557+16.7–203. 21
592558
593- [(c)] (B) An electronic smoking devices wholesaler distributor license or
594-electronic smoking devices wholesaler importer license authorizes the licensee to:
559+ (a) The Executive Director shall issue an appropriate license to each applicant 22
560+that meets the requirements of this subtitle for a license to act as an electronic smoking 23
561+devices manufacturer, electronic smoking devices wholesaler distributor, or electronic 24
562+smoking devices wholesaler importer. 25
595563
596- (1) sell electronic smoking devices to [electronic smoking devices retailers
597-and] vape shop vendors;
564+ (b) The clerk shall issue to each applicant that meets the requirements of this 26
565+subtitle a license to act as [an electronic smoking devices retailer or] a vape shop vendor. 27
598566
599- (2) buy electronic smoking devices directly from an electronic smoking
600-devices manufacturer and an electronic smoking devices wholesaler distributor or
601-electronic smoking devices wholesaler importer;
567+ (c) The clerk shall forward a copy of an application received for each license 28
568+issued under subsection (b) of this section to the Executive Director within 30 days after 29
569+issuance of the license. 30
602570
603- (3) hold electronic smoking devices; and
571+16.7–204. 31
572+ SENATE BILL 1056 13
604573
605- (4) sell electronic smoking devices to another licensed electronic smoking
606-devices wholesaler distributor or electronic smoking devices wholesaler importer.
607574
608- [(d)] (C) A vape shop vendor license authorizes the licensee to:
609- Ch. 462 2024 LAWS OF MARYLAND
575+ (a) An electronic smoking devices manufacturer license authorizes the licensee 1
576+to: 2
610577
611-– 14 –
612- (1) sell electronic smoking devices as a vape shop vendor TO CONSUMERS
613-ON THE PREMISES OF T HE LICENSEE’S PLACE OF BUSINESS ;
578+ (1) sell electronic smoking devices to: 3
614579
615- (2) if the vape shop vendor licensee also holds a license to act as an
616-electronic smoking devices manufacturer, sell at retail ON THE VAPE SHOP VEN DOR
617-PREMISES electronic smoking devices manufactured under the manufacturer license; and
580+ (i) a licensed electronic smoking devices wholesaler located in the 4
581+State; 5
618582
619- (3) buy electronic smoking devices from an electronic smoking devices
620-manufacturer, an electronic smoking devices wholesaler distributor, or an electronic
621-smoking devices wholesaler importer.
583+ (ii) an electronic smoking devices wholesaler or retailer located 6
584+outside the State if the electronic smoking devices may be sold lawfully in Maryland; 7
622585
623-16.7–204.1.
586+ (iii) a licensed vape shop vendor[; and 8
624587
625- (a) (1) A [retail licensee OR] VAPE SHOP VENDOR shall post a sign in a
626-location that is clearly visible to the consumer that states:
588+ (iv) a consumer if: 9
627589
628- “No person under the age of 21 may be sold tobacco products without military
629-identification”.
590+ 1. the licensee manufactured the devices; and 10
630591
631- [(b)] (2) The sign required under PARAGRAPH (1) OF this [section]
632-SUBSECTION shall be written in letters at least one–half inch high.
592+ 2. the consumer purchases or orders the devices through the 11
593+mail, a computer network, a telephonic network, or another electronic network]; 12
633594
634- (B) (1) A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY NOT SELL
635-CIGARETTES ELECTRONIC SMOKING D EVICES TO AN INDIVIDUAL UNL ESS THE
636-RETAIL LICENSEE OR VAPE SHOP VENDOR VER IFIES, IN ACCORDANCE WITH
637-PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS:
595+ (2) if the electronic smoking devices manufacturer licensee also holds a 13
596+license to act as [an electronic smoking devices retailer or] a vape shop vendor, transfer 14
597+electronic smoking devices to inventory for sale under the [retail license or] vape shop 15
598+license; and 16
638599
639- (I) AT LEAST 21 YEARS OLD; OR
600+ (3) except as otherwise prohibited or restricted under local law, this article, 17
601+or the Criminal Law Article, distribute electronic smoking devices products to a licensed 18
602+[electronic smoking devices retailer or] vape shop vendor. 19
640603
641- (II) 1. AT LEAST 18 YEARS OLD; AND
604+ [(b) An electronic smoking devices retailer license authorizes the licensee to: 20
642605
643- 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN
644-POSSESSION OF A VALI D MILITARY IDENTIFIC ATION.
606+ (1) sell electronic smoking devices to consumers; 21
645607
646- (2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
647-A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY VERIFY AN INDIVIDUAL ’S AGE
648-ONLY:
608+ (2) buy electronic smoking devices from an electronic smoking devices 22
609+wholesaler distributor or electronic smoking devices wholesaler importer; 23
649610
650- (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO
651-IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND
611+ (3) if the electronic smoking devices retailer licensee also holds a license to 24
612+act as an electronic smoking devices manufacturer, sell at retail electronic smoking devices 25
613+manufactured under the manufacturer license; and 26
652614
653- (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE
654-ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE.
655- WES MOORE, Governor Ch. 462
615+ (4) except as otherwise prohibited or restricted under local law, this article, 27
616+the Criminal Law Article, or § 24–305 of the Health – General Article, distribute sample 28
617+electronic smoking devices products to consumers in the State.] 29
656618
657-– 15 –
658- (3) A LICENSED RETAILER OR VAPE SHOP VENDOR IS NOT REQUIRED
659-TO VERIFY THE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD.
619+ [(c)] (B) An electronic smoking devices wholesaler distributor license or 30
620+electronic smoking devices wholesaler importer license authorizes the licensee to: 31 14 SENATE BILL 1056
660621
661-16.7–204.2.
662622
663- A RETAILER OR VAPE SHOP VENDOR MAY NOT DISPLAY ELECTRON IC SMOKING
664-DEVICES FOR SALE UNL ESS THE ELECTRONIC S MOKING DEVICES ARE L OCATED
665-BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE RETAILER OR VAPE SHOP
666-VENDOR AND EMPLOYEES OF THE RETAILER OR VAPE SHOP VENDOR .
667623
668-16.7–206.
624+ (1) sell electronic smoking devices to [electronic smoking devices retailers 1
625+and] vape shop vendors; 2
669626
670- (a) (1) A [licensed electronic smoking devices retailer or a] licensed vape shop
671-vendor may not assign the license.
627+ (2) buy electronic smoking devices directly from an electronic smoking 3
628+devices manufacturer and an electronic smoking devices wholesaler distributor or 4
629+electronic smoking devices wholesaler importer; 5
672630
673- (2) If a licensed electronic smoking devices wholesaler distributor or
674-electronic smoking devices wholesaler importer sells the licensee’s electronic smoking
675-devices business and pays to the Executive Director a license assignment fee of $10, the
676-licensee may assign the license to the buyer of the business if the buyer otherwise qualifies
677-under this title for an electronic smoking devices wholesaler’s distributor or importer
678-license.
631+ (3) hold electronic smoking devices; and 6
679632
680- (b) If the electronic smoking devices business of a licensee is transferred because
681-of bankruptcy, death, incompetency, receivership, or otherwise by operation of law, the
682-Executive Director shall transfer the license without charge to the new owner of the
683-licensee’s business if the transferee otherwise qualifies under this title for the license being
684-transferred.
633+ (4) sell electronic smoking devices to another licensed electronic smoking 7
634+devices wholesaler distributor or electronic smoking devices wholesaler importer. 8
685635
686- (c) (1) If a licensed electronic smoking devices wholesaler distributor or
687-electronic smoking devices wholesaler importer surrenders the license to the Executive
688-Director and if no disciplinary proceedings are pending against the licensee, the Executive
689-Director shall refund a pro rata portion of the license fee for the unexpired term of the
690-license.
636+ [(d)] (C) A vape shop vendor license authorizes the licensee to: 9
691637
692- (2) A [licensed electronic smoking devices retailer or a] licensed vape shop
693-vendor is not allowed a refund for the unexpired term of the license.
638+ (1) sell electronic smoking devices as a vape shop vendor TO CONSUMERS 10
639+ON THE PREMISES OF T HE LICENSEE’S PLACE OF BUSINESS ; 11
694640
695-16.7–211.
641+ (2) if the vape shop vendor licensee also holds a license to act as an 12
642+electronic smoking devices manufacturer, sell at retail ON THE VAPE SHOP VEN DOR 13
643+PREMISES electronic smoking devices manufactured under the manufacturer license; and 14
696644
697- (a) A person may not act, attempt to act, or offer to act as an electronic smoking
698-devices manufacturer, [an electronic smoking devices retailer,] an electronic smoking
699-devices wholesaler distributor, an electronic smoking devices wholesaler importer, or a
700-vape shop vendor in the State unless the person has an appropriate license.
701- Ch. 462 2024 LAWS OF MARYLAND
645+ (3) buy electronic smoking devices from an electronic smoking devices 15
646+manufacturer, an electronic smoking devices wholesaler distributor, or an electronic 16
647+smoking devices wholesaler importer. 17
702648
703-– 16 –
704- (b) (1) A person that violates this section is guilty of a misdemeanor and on
705-conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days
706-or both.
649+16.7–204.1. 18
707650
708- (2) Each day that a violation of this section continues is a separate offense.
651+ (a) (1) A [retail licensee OR] VAPE SHOP VENDOR shall post a sign in a 19
652+location that is clearly visible to the consumer that states: 20
709653
710-16.7–213.1.
654+ “No person under the age of 21 may be sold tobacco products without military 21
655+identification”. 22
711656
712- (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECT ION, THE
713-Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO
714-ONE unannounced inspections INSPECTION of licensed [retailers] OR VAPE SHOP
715-VENDORS to ensure the licensee’s compliance with the provisions of this title and § 10–107
716-of the Criminal Law Article EACH YEAR.
657+ [(b)] (2) The sign required under PARAGRAPH (1) OF this [section] 23
658+SUBSECTION shall be written in letters at least one–half inch high. 24
717659
718- (2) IF A LICENSED RETAILER OR VAPE SHOP VENDOR VIO LATES ANY
719-PROVISION OF THIS TI TLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE
720-MARYLAND DEPARTMENT OF HEALTH SHALL CONDUCT AN ADDITIONAL
721-UNANNOUNCED INSPECTI ON WITHIN 180 DAYS AFTER THE INITI AL INSPECTION.
660+ (B) (1) A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY NOT SELL 25
661+CIGARETTES ELECTRONIC SMOKING D EVICES TO AN INDIVIDUAL UNL ESS THE 26
662+RETAIL LICENSEE OR VAPE SHOP VENDOR VER IFIES, IN ACCORDANCE WITH 27
663+PARAGRAPH (2) OF THIS SUBSECTION , THAT THE INDIVIDUAL IS: 28
722664
723- (b) The Maryland Department of Health OR ITS DESIGNEE may use an
724-individual under the age of 21 years to assist in conducting an inspection under this section.
665+ (I) AT LEAST 21 YEARS OLD; OR 29
725666
726- (C) TO DETERMINE THE LOCA TION OF A LICENSED RETAILER OR VAPE SHOP
727-VENDOR SUBJECT TO AN UNANNOUNCED INSPECTI ON, THE MARYLAND
728-DEPARTMENT OF HEALTH OR ITS DESIGNE E SHALL USE THE LIST OF LICENSED
729-RETAILERS OR VAPE SHOP VENDOR S AS OF DECEMBER 31 OF THE PREVIOUS
730-CALENDAR YEAR .
667+ (II) 1. AT LEAST 18 YEARS OLD; AND 30 SENATE BILL 1056 15
731668
732-Article – Criminal Law
733669
734-10–107.
735670
736- (a) This section does not apply to the distribution of a coupon that is redeemable
737-for a tobacco product, if the coupon is:
671+ 2. AN ACTIVE DUTY MEMBE R OF THE MILITARY IN 1
672+POSSESSION OF A VALI D MILITARY IDENTIFIC ATION. 2
738673
739- (1) contained in a newspaper, magazine, or other type of publication in
740-which the coupon is incidental to the primary purpose of the publication; or
674+ (2) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 3
675+A RETAIL LICENSEE OR VAPE SHOP VENDOR MAY VERIFY AN INDIVIDUAL ’S AGE 4
676+ONLY: 5
741677
742- (2) sent through the mail.
678+ (I) BY MEANS OF A GOVERN MENT–ISSUED PHOTO 6
679+IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 7
743680
744- (b) (1) This subsection does not apply to the distribution of a tobacco product
745-or tobacco paraphernalia to:
746- WES MOORE, Governor Ch. 462
681+ (II) IN A DIRECT FACE –TO–FACE EXCHANGE WITHOU T THE 8
682+ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 9
747683
748-– 17 –
749- (i) an individual under the age of 21 years who is acting solely as
750-the agent of the individual’s employer if the employer distributes tobacco products or
751-tobacco paraphernalia for commercial purposes; or
684+ (3) A LICENSED RETAILER OR VAPE SHOP VENDOR IS NOT REQUIRED 10
685+TO VERIFY THE AGE OF AN INDIVIDUAL AT LEAST 30 YEARS OLD. 11
752686
753- (ii) a purchaser or recipient who:
687+16.7–204.2. 12
754688
755- 1. is at least 18 years of age;
689+ A RETAILER OR VAPE SHOP VENDOR MAY NOT DISPLAY ELECTRON IC SMOKING 13
690+DEVICES FOR SALE UNL ESS THE ELECTRONIC S MOKING DEVICES ARE L OCATED 14
691+BEHIND A COUNTER IN AN AREA ACCESSIBLE O NLY TO THE RETAILER OR VAPE SHOP 15
692+VENDOR AND EMPLOYEES OF THE RETAILER OR VAPE SHOP VENDOR . 16
756693
757- 2. is an active duty member of the military; and
694+16.7–206. 17
758695
759- 3. presents a valid military identification.
696+ (a) (1) A [licensed electronic smoking devices retailer or a] licensed vape shop 18
697+vendor may not assign the license. 19
760698
761- (2) A person who distributes tobacco products for commercial purposes,
762-including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the
763-Business Regulation Article, PERSONALLY OR THROUG H AN EMPLOYEE , may not
764-distribute to an individual under the age of 21 years:
699+ (2) If a licensed electronic smoking devices wholesaler distributor or 20
700+electronic smoking devices wholesaler importer sells the licensee’s electronic smoking 21
701+devices business and pays to the Executive Director a license assignment fee of $10, the 22
702+licensee may assign the license to the buyer of the business if the buyer otherwise qualifies 23
703+under this title for an electronic smoking devices wholesaler’s distributor or importer 24
704+license. 25
765705
766- (i) a tobacco product;
706+ (b) If the electronic smoking devices business of a licensee is transferred because 26
707+of bankruptcy, death, incompetency, receivership, or otherwise by operation of law, the 27
708+Executive Director shall transfer the license without charge to the new owner of the 28
709+licensee’s business if the transferee otherwise qualifies under this title for the license being 29
710+transferred. 30
767711
768- (ii) tobacco paraphernalia; or
712+ (c) (1) If a licensed electronic smoking devices wholesaler distributor or 31
713+electronic smoking devices wholesaler importer surrenders the license to the Executive 32
714+Director and if no disciplinary proceedings are pending against the licensee, the Executive 33 16 SENATE BILL 1056
769715
770- (iii) a coupon redeemable for a tobacco product.
771716
772- (c) A person not described in subsection (b)(2) of this section may not:
717+Director shall refund a pro rata portion of the license fee for the unexpired term of the 1
718+license. 2
773719
774- (1) purchase for or sell a tobacco product to an individual under the age of
775-21 years, unless the individual:
720+ (2) A [licensed electronic smoking devices retailer or a] licensed vape shop 3
721+vendor is not allowed a refund for the unexpired term of the license. 4
776722
777- (i) is at least 18 years of age;
723+16.7–211. 5
778724
779- (ii) is an active duty member of the military; and
725+ (a) A person may not act, attempt to act, or offer to act as an electronic smoking 6
726+devices manufacturer, [an electronic smoking devices retailer,] an electronic smoking 7
727+devices wholesaler distributor, an electronic smoking devices wholesaler importer, or a 8
728+vape shop vendor in the State unless the person has an appropriate license. 9
780729
781- (iii) presents a valid military identification; or
730+ (b) (1) A person that violates this section is guilty of a misdemeanor and on 10
731+conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days 11
732+or both. 12
782733
783- (2) distribute tobacco paraphernalia to an individual under the age of 21
784-years, unless the individual:
734+ (2) Each day that a violation of this section continues is a separate offense. 13
785735
786- (i) is at least 18 years of age;
736+16.7–213.1. 14
787737
788- (ii) is an active duty member of the military; and
738+ (a) (1) The SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 15
739+Maryland Department of Health OR ITS DESIGNEE [may] SHALL conduct AT LEAST TWO 16
740+ONE unannounced inspections INSPECTION of licensed [retailers] OR VAPE SHOP 17
741+VENDORS to ensure the licensee’s compliance with the provisions of this title and § 10–107 18
742+of the Criminal Law Article EACH YEAR. 19
789743
790- (iii) presents a valid military identification.
744+ (2) IF A LICENSED RETAILER OR VAPE SHOP VENDOR VIO LATES ANY 20
745+PROVISION OF THIS TI TLE OR § 10–107 OF THE CRIMINAL LAW ARTICLE, THE 21
746+MARYLAND DEPARTMENT OF HEALTH SHALL CONDUCT AN ADDITIONAL 22
747+UNANNOUNCED INSPECTI ON WITHIN 180 DAYS AFTER THE INITI AL INSPECTION. 23
791748
792- (d) In a prosecution for a violation of this section, it is a defense that the defendant
793-examined, IN A DIRECT, FACE–TO–FACE EXCHANGE , the purchaser’s or recipient’s
794-driver’s license or other valid identification issued by a government unit that positively Ch. 462 2024 LAWS OF MARYLAND
749+ (b) The Maryland Department of Health OR ITS DESIGNEE may use an 24
750+individual under the age of 21 years to assist in conducting an inspection under this section. 25
795751
796-– 18 –
797-identified the purchaser or recipient as at least 21 years of age or as at least 18 years of age
798-and an active duty member of the military.
752+ (C) TO DETERMINE THE LOCA TION OF A LICENSED RETAILER OR VAPE SHOP 26
753+VENDOR SUBJECT TO AN UNANNOUNCED INSPECTI ON, THE MARYLAND 27
754+DEPARTMENT OF HEALTH OR ITS DESIGNE E SHALL USE THE LIST OF LICENSED 28
755+RETAILERS OR VAPE SHOP VENDOR S AS OF DECEMBER 31 OF THE PREVIOUS 29
756+CALENDAR YEAR . 30
799757
800- (e) (1) A person who violates this section is guilty of a misdemeanor and on
801-conviction is subject to a fine not exceeding:
758+Article – Criminal Law 31
802759
803- (i) [$300] $500 for a first violation;
760+10–107. 32
761+ SENATE BILL 1056 17
804762
805- (ii) $1,000 for a second violation occurring within 2 years after the
806-first violation; and
807763
808- (iii) $3,000 for each subsequent violation occurring within 2 years
809-after the preceding violation.
764+ (a) This section does not apply to the distribution of a coupon that is redeemable 1
765+for a tobacco product, if the coupon is: 2
810766
811- (2) IN ADDITION TO THE PE NALTIES UNDER PARAGR APH (1) OF THIS
812-SUBSECTION, IF A PERSON HOLDS A LICENSE UNDER TITLE 16, TITLE 16.5, TITLE
813-16.7, OR TITLE 16.9 OF THE BUSINESS REGULATION ARTICLE, THE COURT SHALL
814-ORDER THE EXECUTIVE DIRECTOR OF THE ALCOHOL, TOBACCO, AND CANNABIS
815-COMMISSION TO :
767+ (1) contained in a newspaper, magazine, or other type of publication in 3
768+which the coupon is incidental to the primary purpose of the publication; or 4
816769
817- (I) SUSPEND THE LICENSE FOR:
770+ (2) sent through the mail. 5
818771
819- 1. A SECOND VIOLATION , NOT MORE THAN 90 DAYS; AND
772+ (b) (1) This subsection does not apply to the distribution of a tobacco product 6
773+or tobacco paraphernalia to: 7
820774
821- 2. EACH SUBSEQUENT VIOL ATION, NOT MORE THAN 180
822-DAYS; AND
775+ (i) an individual under the age of 21 years who is acting solely as 8
776+the agent of the individual’s employer if the employer distributes tobacco products or 9
777+tobacco paraphernalia for commercial purposes; or 10
823778
824- (II) FOR EACH SUBSEQUENT VIOLATION, REVOKE THE LICENSE .
779+ (ii) a purchaser or recipient who: 11
825780
826- (3) FOR A DETERMINATION M ADE BY A COURT UNDER PARAGRAPH
827-(2) OF THIS SUBSECTION , THE CLERK OF THE COU RT SHALL SEND A COPY OF THE
828-FINAL ORDER ISSUED B Y THE COURT TO THE EXECUTIVE DIRECTOR OF THE
829-ALCOHOL, TOBACCO, AND CANNABIS COMMISSION.
781+ 1. is at least 18 years of age; 12
830782
831- [(2)] (3) (4) Issuance of a civil citation for the sale of a tobacco product to an
832-individual under the age of 21 years precludes a prosecution for a violation of § 24–307 of
833-the Health – General Article arising out of the same violation.
783+ 2. is an active duty member of the military; and 13
834784
835- (f) For purposes of this section, each separate incident at a different time and
836-occasion is a violation.
785+ 3. presents a valid military identification. 14
837786
838-Article – Health – General
787+ (2) A person who distributes tobacco products for commercial purposes, 15
788+including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 16
789+Business Regulation Article, PERSONALLY OR THROUG H AN EMPLOYEE , may not 17
790+distribute to an individual under the age of 21 years: 18
839791
840-24–305.
841- WES MOORE, Governor Ch. 462
792+ (i) a tobacco product; 19
842793
843-– 19 –
844- (a) This section does not apply to a tobacco product that is regulated under Title
845-16 of the Business Regulation Article.
794+ (ii) tobacco paraphernalia; or 20
846795
847- (b) (1) [Except] SUBJECT TO PARAGRAPH (3) AND EXCEPT as provided in
848-paragraph (2) of this subsection, a person may not [sell]:
796+ (iii) a coupon redeemable for a tobacco product. 21
849797
850- (I) SELL, distribute, or offer for sale to an individual under the age
851-of 21 years an electronic smoking device, as defined in § 16.7–101(c) of the Business
852-Regulation Article;
798+ (c) A person not described in subsection (b)(2) of this section may not: 22
853799
854- (II) DISPLAY ELECTRONIC SM OKING DEVICES , AS DEFINED IN §
855-16.7–101(C) OF THE BUSINESS REGULATION ARTICLE, FOR SALE UNLESS THE
856-ELECTRONIC SMOKING D EVICES ARE LOCATED B EHIND A COUNTER IN A N AREA
857-ACCESSIBLE ONLY TO T HE PERSON AND EMPLOY EES OF THE PERSON ; OR
800+ (1) purchase for or sell a tobacco product to an individual under the age of 23
801+21 years, unless the individual: 24
858802
859- (III) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
860-SUBSECTION, SELL ELECTRONIC SMOK ING DEVICES, AS DEFINED IN § 16.7–101(C)
861-OF THE BUSINESS REGULATION ARTICLE, UNLESS THE PERSON VE RIFIES THAT THE
862-INDIVIDUAL IS AT LEA ST 21 YEARS OLD.
803+ (i) is at least 18 years of age; 25
863804
864- (2) This subsection does not apply to[:
805+ (ii) is an active duty member of the military; and 26
865806
866- (i) An] AN electronic smoking device that contains or delivers
867-nicotine intended for human consumption if the device has been approved by the United
868-States Food and Drug Administration for sale as a tobacco cessation product and is being
869-marketed and sold solely for this purpose[; or
807+ (iii) presents a valid military identification; or 27
870808
871- (ii) A purchaser or recipient who:
809+ (2) distribute tobacco paraphernalia to an individual under the age of 21 28
810+years, unless the individual: 29 18 SENATE BILL 1056
872811
873- 1. Is at least 18 years of age;
874812
875- 2. Is an active duty member of the military; and
876813
877- 3. Presents a valid military identification].
814+ (i) is at least 18 years of age; 1
878815
879- (3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A PERSON
880-MAY VERIFY AN INDIVI DUAL’S AGE ONLY:
816+ (ii) is an active duty member of the military; and 2
881817
882- (I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO
883-IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND
818+ (iii) presents a valid military identification. 3
884819
885- (II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE
886-ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE.
887- Ch. 462 2024 LAWS OF MARYLAND
820+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 4
821+examined, IN A DIRECT, FACE–TO–FACE EXCHANGE , the purchaser’s or recipient’s 5
822+driver’s license or other valid identification issued by a government unit that positively 6
823+identified the purchaser or recipient as at least 21 years of age or as at least 18 years of age 7
824+and an active duty member of the military. 8
888825
889-– 20 –
890- (4) A PERSON IS NOT REQUIR ED TO VERIFY THE AGE OF AN
891-INDIVIDUAL AT LEAST 30 YEARS OLD.
826+ (e) (1) A person who violates this section is guilty of a misdemeanor and on 9
827+conviction is subject to a fine not exceeding: 10
892828
893- (c) (1) A person that violates this section is subject to a civil penalty not
894-exceeding:
829+ (i) [$300] $500 for a first violation; 11
895830
896- (i) $300 for a first violation;
831+ (ii) $1,000 for a second violation occurring within 2 years after the 12
832+first violation; and 13
897833
898- (ii) $1,000 for a second violation occurring within 24 months after
899-the first violation; and
834+ (iii) $3,000 for each subsequent violation occurring within 2 years 14
835+after the preceding violation. 15
900836
901- (iii) $3,000 for each subsequent violation occurring within 24 months
902-after the preceding violation.
837+ (2) IN ADDITION TO THE PE NALTIES UNDER PARAGR APH (1) OF THIS 16
838+SUBSECTION, IF A PERSON HOLDS A LICENSE UNDER TITLE 16, TITLE 16.5, TITLE 17
839+16.7, OR TITLE 16.9 OF THE BUSINESS REGULATION ARTICLE, THE COURT SHALL 18
840+ORDER THE EXECUTIVE DIRECTOR OF THE ALCOHOL, TOBACCO, AND CANNABIS 19
841+COMMISSION TO : 20
903842
904- (2) Issuance of a civil citation for a violation of this section precludes
905-prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
843+ (I) SUSPEND THE LICENSE FOR: 21
906844
907- (3) If a violation is committed by a person acting on behalf of a retailer, the
908-civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
845+ 1. A SECOND VIOLATION , NOT MORE THAN 90 DAYS; AND 22
909846
910- (d) In a prosecution for a violation of this section, it is a defense that the defendant
911-examined the purchaser’s or recipient’s driver’s license or other valid identification issued
912-by a government unit that positively identified the purchaser or recipient as at least 21
913-years of age [or as at least 18 years of age and an active duty member of the military].
847+ 2. EACH SUBSEQUENT VIOL ATION, NOT MORE THAN 180 23
848+DAYS; AND 24
914849
915- (e) (1) In this subsection, “designee” means a retired sworn law enforcement
916-officer employed by THE DEPARTMENT OR a county health officer or an employee of THE
917-DEPARTMENT OR a local health department trained in civil enforcement.
850+ (II) FOR EACH SUBSEQUENT VIOLATION, REVOKE THE LICENSE . 25
918851
919- (2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law
920-enforcement officer, a county health officer, or a designee of a county health officer may
921-issue a civil citation for a violation of this section.
852+ (3) FOR A DETERMINATION M ADE BY A COURT UNDER PARAGRAPH 26
853+(2) OF THIS SUBSECTION , THE CLERK OF THE COU RT SHALL SEND A COPY OF THE 27
854+FINAL ORDER ISSUED B Y THE COURT TO THE EXECUTIVE DIRECTOR OF THE 28
855+ALCOHOL, TOBACCO, AND CANNABIS COMMISSION. 29
856+ SENATE BILL 1056 19
922857
923- (3) A citation issued under this section shall include:
924858
925- (i) The name and address of the person charged;
859+ [(2)] (3) (4) Issuance of a civil citation for the sale of a tobacco product to an 1
860+individual under the age of 21 years precludes a prosecution for a violation of § 24–307 of 2
861+the Health – General Article arising out of the same violation. 3
926862
927- (ii) The nature of the violation;
863+ (f) For purposes of this section, each separate incident at a different time and 4
864+occasion is a violation. 5
928865
929- (iii) The location and time of the violation;
866+Article – Health – General 6
930867
931- (iv) The amount of the civil penalty;
868+24–305. 7
932869
933- (v) The manner, location, and time in which the civil penalty may be
934-paid;
935- WES MOORE, Governor Ch. 462
870+ (a) This section does not apply to a tobacco product that is regulated under Title 8
871+16 of the Business Regulation Article. 9
936872
937-– 21 –
938- (vi) A notice stating the person’s right to elect to stand trial for the
939-violation; and
873+ (b) (1) [Except] SUBJECT TO PARAGRAPH (3) AND EXCEPT as provided in 10
874+paragraph (2) of this subsection, a person may not [sell]: 11
940875
941- (vii) A warning that failure to pay the civil penalty or to contest
942-liability in a timely manner in accordance with the citation:
876+ (I) SELL, distribute, or offer for sale to an individual under the age 12
877+of 21 years an electronic smoking device, as defined in § 16.7–101(c) of the Business 13
878+Regulation Article; 14
943879
944- 1. Is an admission of liability; and
880+ (II) DISPLAY ELECTRONIC SM OKING DEVICES , AS DEFINED IN § 15
881+16.7–101(C) OF THE BUSINESS REGULATION ARTICLE, FOR SALE UNLESS THE 16
882+ELECTRONIC SMOKING DEV ICES ARE LOCATED BEH IND A COUNTER IN AN AREA 17
883+ACCESSIBLE ONLY TO T HE PERSON AND EMPLOY EES OF THE PERSON ; OR 18
945884
946- 2. May result in entry of a default judgment that may include
947-the civil penalty, court costs, and administrative expenses.
885+ (III) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 19
886+SUBSECTION, SELL ELECTRONIC SMOK ING DEVICES, AS DEFINED IN § 16.7–101(C) 20
887+OF THE BUSINESS REGULATION ARTICLE, UNLESS THE PERSON VE RIFIES THAT THE 21
888+INDIVIDUAL IS AT LEA ST 21 YEARS OLD. 22
948889
949- (4) The [sworn law enforcement officer] SECRETARY, SECRETARY’S
950-DESIGNEE, county health officer, or COUNTY HEALTH OFFICE R’S designee shall retain a
951-copy of the citation issued under this section.
890+ (2) This subsection does not apply to[: 23
952891
953- (5) (i) 1. A person who receives a citation from THE SECRETARY,
954-THE SECRETARY’S DESIGNEE, a county health officer, or A COUNTY HEALTH OFFI CER’S
955-designee under this section may elect to stand trial for the violation by filing a notice of
956-intention to stand trial with the county health officer or designee at least 5 days before the
957-date set in the citation for the payment of the civil penalty.
892+ (i) An] AN electronic smoking device that contains or delivers 24
893+nicotine intended for human consumption if the device has been approved by the United 25
894+States Food and Drug Administration for sale as a tobacco cessation product and is being 26
895+marketed and sold solely for this purpose[; or 27
958896
959- 2. After receiving a notice of intention to stand trial under
960-subsubparagraph 1 of this subparagraph, the SECRETARY, SECRETARY’S DESIGNEE,
961-county health officer, or COUNTY HEALTH OFFICE R’S designee shall forward the notice
962-and a copy of the citation to the District Court.
897+ (ii) A purchaser or recipient who: 28
963898
964- (ii) A person who receives a citation from a sworn law enforcement
965-officer under this section may elect to stand trial for the violation by filing a notice of
966-intention to stand trial and a copy of the citation with the District Court at least 5 days
967-before the date set in the citation for payment of the civil penalty.
899+ 1. Is at least 18 years of age; 29
968900
969- (6) (i) After receiving a citation and notice under this section, the
970-District Court shall schedule the case for trial and notify the defendant of the trial date.
901+ 2. Is an active duty member of the military; and 30
971902
972- (ii) In a proceeding before the District Court, a violation of this
973-section shall be prosecuted in the same manner and to the same extent as a municipal
974-infraction under §§ 6–108 through 6–115 of the Local Government Article.
903+ 3. Presents a valid military identification]. 31 20 SENATE BILL 1056
975904
976- (7) The District Court shall remit any penalties collected for a violation of
977-this section to the county in which the violation occurred.
978905
979- (8) Adjudication of a violation of this section is not a criminal conviction for
980-any purpose.
981906
982-24–307.
983- Ch. 462 2024 LAWS OF MARYLAND
907+ (3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A PERSON 1
908+MAY VERIFY AN INDIVI DUAL’S AGE ONLY: 2
984909
985-– 22 –
986- (a) (1) This section does not apply to the distribution of a coupon that is
987-redeemable for a tobacco product if the coupon is:
910+ (I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO 3
911+IDENTIFICATION CONTAIN ING THE INDIVIDUAL ’S DATE OF BIRTH; AND 4
988912
989- (i) Contained in a newspaper, a magazine, or any other type of
990-publication in which the coupon is incidental to the primary purpose of the publication; or
913+ (II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE 5
914+ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 6
991915
992- (ii) Sent through the mail.
916+ (4) A PERSON IS NOT REQUIR ED TO VERIFY THE AGE OF AN 7
917+INDIVIDUAL AT LEAST 30 YEARS OLD. 8
993918
994- (2) This section does not apply to the distribution of a tobacco product or
995-tobacco paraphernalia to[:
919+ (c) (1) A person that violates this section is subject to a civil penalty not 9
920+exceeding: 10
996921
997- (i) An] AN individual under the age of 21 years who is acting solely
998-as the agent of the individual’s employer if the employer distributes tobacco products or
999-tobacco paraphernalia for commercial purposes[; or
922+ (i) $300 for a first violation; 11
1000923
1001- (ii) A purchaser or recipient who:
924+ (ii) $1,000 for a second violation occurring within 24 months after 12
925+the first violation; and 13
1002926
1003- 1. Is at least 18 years of age;
927+ (iii) $3,000 for each subsequent violation occurring within 24 months 14
928+after the preceding violation. 15
1004929
1005- 2. Is an active duty member of the military; and
930+ (2) Issuance of a civil citation for a violation of this section precludes 16
931+prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 17
1006932
1007- 3. Presents a valid military identification].
933+ (3) If a violation is committed by a person acting on behalf of a retailer, the 18
934+civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 19
1008935
1009- (b) (1) A person who distributes tobacco products for commercial purposes,
1010-including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the
1011-Business Regulation Article, may not [distribute]:
936+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 20
937+examined the purchaser’s or recipient’s driver’s license or other valid identification issued 21
938+by a government unit that positively identified the purchaser or recipient as at least 21 22
939+years of age [or as at least 18 years of age and an active duty member of the military]. 23
1012940
1013- (I) DISTRIBUTE to an individual under the age of 21 years:
941+ (e) (1) In this subsection, “designee” means a retired sworn law enforcement 24
942+officer employed by THE DEPARTMENT OR a county health officer or an employee of THE 25
943+DEPARTMENT OR a local health department trained in civil enforcement. 26
1014944
1015- [(1)] 1. A tobacco product;
945+ (2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law 27
946+enforcement officer, a county health officer, or a designee of a county health officer may 28
947+issue a civil citation for a violation of this section. 29
1016948
1017- [(2)] 2. Tobacco paraphernalia; or
949+ (3) A citation issued under this section shall include: 30
1018950
1019- [(3)] 3. A coupon redeemable for a tobacco product;
951+ (i) The name and address of the person charged; 31 SENATE BILL 1056 21
1020952
1021- (II) DISPLAY TOBACCO PRODU CTS FOR SALE UNLESS THE
1022-TOBACCO PRODUCTS ARE LOCATED BEHIND A COU NTER IN AN AREA ACCE SSIBLE
1023-ONLY TO THE PERSON A ND EMPLOYEES OF THE PERSON; OR
1024953
1025- (III) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
1026-SUBSECTION, SELL TOBACCO PRODUCT S UNLESS THE PERSON VERIFIES THAT THE
1027-INDIVIDUAL IS AT LEA ST 21 YEARS OLD.
1028954
1029- (2) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS MAY VERIFY
1030-AN INDIVIDUAL’S AGE ONLY: WES MOORE, Governor Ch. 462
955+ (ii) The nature of the violation; 1
1031956
1032-– 23 –
957+ (iii) The location and time of the violation; 2
1033958
1034- (I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO
1035-IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND
959+ (iv) The amount of the civil penalty; 3
1036960
1037- (II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE
1038-ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE.
961+ (v) The manner, location, and time in which the civil penalty may be 4
962+paid; 5
1039963
1040- (3) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS IS NOT
1041-REQUIRED TO VERIFY T HE AGE OF AN INDIVID UAL AT LEAST 30 YEARS OLD.
964+ (vi) A notice stating the person’s right to elect to stand trial for the 6
965+violation; and 7
1042966
1043- (c) (1) A person who violates subsection (b) of this section is subject to a civil
1044-penalty not exceeding:
967+ (vii) A warning that failure to pay the civil penalty or to contest 8
968+liability in a timely manner in accordance with the citation: 9
1045969
1046- (i) $300 for a first violation;
970+ 1. Is an admission of liability; and 10
1047971
1048- (ii) $1,000 for a second violation occurring within 24 months after
1049-the first violation; and
972+ 2. May result in entry of a default judgment that may include 11
973+the civil penalty, court costs, and administrative expenses. 12
1050974
1051- (iii) $3,000 for each subsequent violation occurring within 24 months
1052-after the preceding violation.
975+ (4) The [sworn law enforcement officer] SECRETARY, SECRETARY’S 13
976+DESIGNEE, county health officer, or COUNTY HEALTH OFFICE R’S designee shall retain a 14
977+copy of the citation issued under this section. 15
1053978
1054- (2) The local health departments shall report violations of subsection (b) of
1055-this section to the Executive Director of the Alcohol [and], Tobacco, AND CANNABIS
1056-Commission.
979+ (5) (i) 1. A person who receives a citation from THE SECRETARY, 16
980+THE SECRETARY’S DESIGNEE, a county health officer, or A COUNTY HEALTH OFFI CER’S 17
981+designee under this section may elect to stand trial for the violation by filing a notice of 18
982+intention to stand trial with the county health officer or designee at least 5 days before the 19
983+date set in the citation for the payment of the civil penalty. 20
1057984
1058- (3) Issuance of a civil citation for a violation of this section precludes
1059-prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
985+ 2. After receiving a notice of intention to stand trial under 21
986+subsubparagraph 1 of this subparagraph, the SECRETARY, SECRETARY’S DESIGNEE, 22
987+county health officer, or COUNTY HEALTH OFFICE R’S designee shall forward the notice 23
988+and a copy of the citation to the District Court. 24
1060989
1061- (4) If a violation is committed by a person acting on behalf of a retailer, the
1062-civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
990+ (ii) A person who receives a citation from a sworn law enforcement 25
991+officer under this section may elect to stand trial for the violation by filing a notice of 26
992+intention to stand trial and a copy of the citation with the District Court at least 5 days 27
993+before the date set in the citation for payment of the civil penalty. 28
1063994
1064- (d) In a prosecution for a violation of subsection (b) of this section, it is a defense
1065-that the defendant examined the purchaser’s or recipient’s driver’s license or other valid
1066-identification issued by a governmental unit that positively identified the purchaser or
1067-recipient as at least 21 years old [or as at least 18 years of age and an active duty member
1068-of the military].
995+ (6) (i) After receiving a citation and notice under this section, the 29
996+District Court shall schedule the case for trial and notify the defendant of the trial date. 30
997+ 22 SENATE BILL 1056
1069998
1070- (e) (1) In this subsection, “designee” means a retired sworn law enforcement
1071-officer employed by THE SECRETARY OR a county health officer or an employee of a local
1072-health department trained in civil enforcement.
1073999
1074- (2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law
1075-enforcement officer, a county health officer, or a designee of a county health officer may
1076-issue a civil citation for a violation of subsection (b) of this section.
1000+ (ii) In a proceeding before the District Court, a violation of this 1
1001+section shall be prosecuted in the same manner and to the same extent as a municipal 2
1002+infraction under §§ 6–108 through 6–115 of the Local Government Article. 3
10771003
1078- (3) A citation issued under this subsection shall include: Ch. 462 2024 LAWS OF MARYLAND
1004+ (7) The District Court shall remit any penalties collected for a violation of 4
1005+this section to the county in which the violation occurred. 5
10791006
1080-– 24 –
1007+ (8) Adjudication of a violation of this section is not a criminal conviction for 6
1008+any purpose. 7
10811009
1082- (i) The name and address of the person charged;
1010+24–307. 8
10831011
1084- (ii) The nature of the violation;
1012+ (a) (1) This section does not apply to the distribution of a coupon that is 9
1013+redeemable for a tobacco product if the coupon is: 10
10851014
1086- (iii) The location and time of the violation;
1015+ (i) Contained in a newspaper, a magazine, or any other type of 11
1016+publication in which the coupon is incidental to the primary purpose of the publication; or 12
10871017
1088- (iv) The amount of the civil penalty;
1018+ (ii) Sent through the mail. 13
10891019
1090- (v) The manner, location, and time in which the civil penalty may be
1091-paid;
1020+ (2) This section does not apply to the distribution of a tobacco product or 14
1021+tobacco paraphernalia to[: 15
10921022
1093- (vi) A notice stating the person’s right to elect to stand trial for the
1094-violation; and
1023+ (i) An] AN individual under the age of 21 years who is acting solely 16
1024+as the agent of the individual’s employer if the employer distributes tobacco products or 17
1025+tobacco paraphernalia for commercial purposes[; or 18
10951026
1096- (vii) A warning that failure to pay the civil penalty or to contest
1097-liability in a timely manner in accordance with the citation:
1027+ (ii) A purchaser or recipient who: 19
10981028
1099- 1. Is an admission of liability; and
1029+ 1. Is at least 18 years of age; 20
11001030
1101- 2. May result in entry of a default judgment that may include
1102-the civil penalty, court costs, and administrative expenses.
1031+ 2. Is an active duty member of the military; and 21
11031032
1104- (4) The SECRETARY, SECRETARY’S DESIGNEE, county health officer, or
1105-designee shall retain a copy of the citation issued under this subsection.
1033+ 3. Presents a valid military identification]. 22
11061034
1107- (5) (i) A person who receives a citation from THE SECRETARY, THE
1108-SECRETARY’S DESIGNEE, a county health officer, or designee under this subsection may
1109-elect to stand trial for the violation by filing a notice of intention to stand trial with the
1110-county health officer or designee at least 5 days before the date set in the citation for the
1111-payment of the civil penalty.
1035+ (b) (1) A person who distributes tobacco products for commercial purposes, 23
1036+including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 24
1037+Business Regulation Article, may not [distribute]: 25
11121038
1113- (ii) After receiving a notice of intention to stand trial under
1114-subparagraph (i) of this paragraph, the county health officer or designee shall forward the
1115-notice and a copy of the citation to the District Court.
1039+ (I) DISTRIBUTE to an individual under the age of 21 years: 26
11161040
1117- (6) (i) After receiving a citation and notice under this subsection, the
1118-District Court shall schedule the case for trial and notify the defendant of the trial date.
1041+ [(1)] 1. A tobacco product; 27
11191042
1120- (ii) In a proceeding before the District Court, a violation of
1121-subsection (b) of this section shall be handled in the same manner as a municipal infraction
1122-under §§ 6–108 through 6–115 of the Local Government Article.
1043+ [(2)] 2. Tobacco paraphernalia; or 28
11231044
1124- (7) The District Court shall remit any penalties collected for a violation of
1125-subsection (b) of this section to the county in which the violation occurred.
1126- WES MOORE, Governor Ch. 462
1045+ [(3)] 3. A coupon redeemable for a tobacco product; 29 SENATE BILL 1056 23
11271046
1128-– 25 –
1129- (8) Adjudication of a violation of subsection (b) of this section is not a
1130-criminal conviction for any purpose.
11311047
1132- (f) (1) The Maryland Department of Health, in collaboration and consultation
1133-with [the Office of the Comptroller,] the Executive Director of the Alcohol [and], Tobacco,
1134-AND CANNABIS Commission, local health departments, and local law enforcement
1135-agencies, shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the
1136-Criminal Law Article.
11371048
1138- (2) On or before October 1 each year, the Department shall report to the
1139-General Assembly, in accordance with § 2–1257 of the State Government Article, on:
1049+ (II) DISPLAY TOBACCO PRODU CTS FOR SALE UNLESS THE 1
1050+TOBACCO PRODUCTS ARE LOCATED BEHIND A COU NTER IN AN AREA ACCE SSIBLE 2
1051+ONLY TO THE PERSON A ND EMPLOYEES OF THE PERSON; OR 3
11401052
1141- (i) The development of enforcement strategies required under
1142-paragraph (1) of this subsection; and
1053+ (III) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 4
1054+SUBSECTION, SELL TOBACCO PRODUCT S UNLESS THE PERSON VERIFIES THAT THE 5
1055+INDIVIDUAL IS AT LEA ST 21 YEARS OLD. 6
11431056
1144- (ii) Training and assistance to tobacco retailers to improve
1145-compliance with § 10–107 of the Criminal Law Article.
1057+ (2) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS MAY VERIFY 7
1058+AN INDIVIDUAL’S AGE ONLY: 8
11461059
1147- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
1148-as follows:
1060+ (I) BY MEANS OF A GOVERNM ENT–ISSUED PHOTO 9
1061+IDENTIFICATION CONTA INING THE INDIVIDUAL ’S DATE OF BIRTH; AND 10
11491062
1150-Article – Health Occupations
1063+ (II) IN A DIRECT FACE –TO–FACE EXCHANGE INCLUD ING THE 11
1064+ASSISTANCE OF ANY EL ECTRONIC OR MECHANIC AL DEVICE. 12
11511065
1152-12–403.
1066+ (3) A PERSON WHO DISTRIBUT ES TOBACCO PRODUCTS IS NOT 13
1067+REQUIRED TO VERIFY T HE AGE OF AN INDIVID UAL AT LEAST 30 YEARS OLD. 14
11531068
1154- (c) Except as otherwise provided in this section, a pharmacy for which a
1155-pharmacy permit has been issued under this title:
1069+ (c) (1) A person who violates subsection (b) of this section is subject to a civil 15
1070+penalty not exceeding: 16
11561071
1157- (22) (i) May provide to an ophthalmologist for office use, without a
1158-patient–specific prescription:
1072+ (i) $300 for a first violation; 17
11591073
1160- 1. Compound antibiotics for the emergency treatment of
1161-bacterial endophthalmitis or viral retinitis; and
1074+ (ii) $1,000 for a second violation occurring within 24 months after 18
1075+the first violation; and 19
11621076
1163- 2. Compound antivascular endothelial growth factor agents
1164-for the emergency treatment of neovascular glaucoma, wet macular degeneration, or
1165-macular edema; and
1077+ (iii) $3,000 for each subsequent violation occurring within 24 months 20
1078+after the preceding violation. 21
11661079
1167- (ii) Shall require the ophthalmologist to inform the pharmacy of the
1168-identity of any patient to whom the drugs are administered; [and]
1080+ (2) The local health departments shall report violations of subsection (b) of 22
1081+this section to the Executive Director of the Alcohol [and], Tobacco, AND CANNABIS 23
1082+Commission. 24
11691083
1170- (23) Subject to § 12–510 of this title, may provide compounded nonsterile
1171-preparations or compounded sterile preparations without a patient–specific prescription to
1172-a licensed veterinarian who intends to dispense the compounded nonsterile preparations
1173-or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article;
1174-AND Ch. 462 2024 LAWS OF MARYLAND
1084+ (3) Issuance of a civil citation for a violation of this section precludes 25
1085+prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 26
11751086
1176-– 26 –
1087+ (4) If a violation is committed by a person acting on behalf of a retailer, the 27
1088+civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 28
11771089
1178- (24) MAY NOT SELL TOBACCO PRODUCTS, OTHER TOBACCO
1179-PRODUCTS, AS DEFINED IN § 16.5–101 OF THE BUSINESS REGULATION ARTICLE, OR
1180-ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THE BUSINESS
1181-REGULATION ARTICLE.
1090+ (d) In a prosecution for a violation of subsection (b) of this section, it is a defense 29
1091+that the defendant examined the purchaser’s or recipient’s driver’s license or other valid 30
1092+identification issued by a governmental unit that positively identified the purchaser or 31 24 SENATE BILL 1056
11821093
1183- SECTION 2. 3. 2. AND BE IT FURTHER ENACTED, That, on or before December
1184-31, 2024 October 1, 2025, the Alcohol, Tobacco, and Cannabis Commission, in conjunction
1185-with the Maryland Department of Health, the Comptroller, and the State Department of
1186-Education, shall report to the Senate Finance Committee, the House Economic Matters
1187-Committee, and the House Health and Government Operations Committee, in accordance
1188-with § 2–1257 of the State Government Article, on:
11891094
1190- (1) the number of retailers of cigarettes, other tobacco products, and
1191-electronic smoking devices licensed under Title 16, Title 16.5, or Title 16.7 of the Business
1192-Regulation Article, including information regarding the proximity of retailers to schools
1193-and health care facilities;
1095+recipient as at least 21 years old [or as at least 18 years of age and an active duty member 1
1096+of the military]. 2
11941097
1195- (2) the processes and procedures currently used by the Alcohol, Tobacco,
1196-and Cannabis Commission to maintain a list of all operating businesses that hold a license
1197-under Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article;
1098+ (e) (1) In this subsection, “designee” means a retired sworn law enforcement 3
1099+officer employed by THE SECRETARY OR a county health officer or an employee of a local 4
1100+health department trained in civil enforcement. 5
11981101
1199- (3) the geographic density of businesses currently holding a license under
1200-Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article;
1102+ (2) [A] THE SECRETARY, THE SECRETARY’S DESIGNEE, A sworn law 6
1103+enforcement officer, a county health officer, or a designee of a county health officer may 7
1104+issue a civil citation for a violation of subsection (b) of this section. 8
12011105
1202- (4) the feasibility and resulting impact of limiting or establishing a
1203-maximum number of licenses that could be issued under Title 16, Title 16.5, or Title 16.7
1204-of the Business Regulation Article; and
1106+ (3) A citation issued under this subsection shall include: 9
12051107
1206- (5) with regard to the use of tobacco, other tobacco products, and electric
1207-smoking devices, including the use of flavored tobacco products, by individuals under the
1208-age of 21 years in the State, an analysis of:
1108+ (i) The name and address of the person charged; 10
12091109
1210- (i) its prevalence in the described population;
1110+ (ii) The nature of the violation; 11
12111111
1212- (ii) the public health impacts; and
1112+ (iii) The location and time of the violation; 12
12131113
1214- (iii) the economic impacts.
1114+ (iv) The amount of the civil penalty; 13
12151115
1216- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
1217-effect October 1, 2025.
1116+ (v) The manner, location, and time in which the civil penalty may be 14
1117+paid; 15
12181118
1219- SECTION 3. 5. 3. AND BE IT FURTHER ENACTED, That , except as provided in
1220-Section 4 of this Act, this Act shall take effect October 1, 2024.
1119+ (vi) A notice stating the person’s right to elect to stand trial for the 16
1120+violation; and 17
12211121
1222-Approved by the Governor, May 9, 2024.
1122+ (vii) A warning that failure to pay the civil penalty or to contest 18
1123+liability in a timely manner in accordance with the citation: 19
1124+
1125+ 1. Is an admission of liability; and 20
1126+
1127+ 2. May result in entry of a default judgment that may include 21
1128+the civil penalty, court costs, and administrative expenses. 22
1129+
1130+ (4) The SECRETARY, SECRETARY’S DESIGNEE, county health officer, or 23
1131+designee shall retain a copy of the citation issued under this subsection. 24
1132+
1133+ (5) (i) A person who receives a citation from THE SECRETARY, THE 25
1134+SECRETARY’S DESIGNEE, a county health officer, or designee under this subsection may 26
1135+elect to stand trial for the violation by filing a notice of intention to stand trial with the 27
1136+county health officer or designee at least 5 days before the date set in the citation for the 28
1137+payment of the civil penalty. 29
1138+ SENATE BILL 1056 25
1139+
1140+
1141+ (ii) After receiving a notice of intention to stand trial under 1
1142+subparagraph (i) of this paragraph, the county health officer or designee shall forward the 2
1143+notice and a copy of the citation to the District Court. 3
1144+
1145+ (6) (i) After receiving a citation and notice under this subsection, the 4
1146+District Court shall schedule the case for trial and notify the defendant of the trial date. 5
1147+
1148+ (ii) In a proceeding before the District Court, a violation of 6
1149+subsection (b) of this section shall be handled in the same manner as a municipal infraction 7
1150+under §§ 6–108 through 6–115 of the Local Government Article. 8
1151+
1152+ (7) The District Court shall remit any penalties collected for a violation of 9
1153+subsection (b) of this section to the county in which the violation occurred. 10
1154+
1155+ (8) Adjudication of a violation of subsection (b) of this section is not a 11
1156+criminal conviction for any purpose. 12
1157+
1158+ (f) (1) The Maryland Department of Health, in collaboration and consultation 13
1159+with [the Office of the Comptroller,] the Executive Director of the Alcohol [and], Tobacco, 14
1160+AND CANNABIS Commission, local health departments, and local law enforcement 15
1161+agencies, shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the 16
1162+Criminal Law Article. 17
1163+
1164+ (2) On or before October 1 each year, the Department shall report to the 18
1165+General Assembly, in accordance with § 2–1257 of the State Government Article, on: 19
1166+
1167+ (i) The development of enforcement strategies required under 20
1168+paragraph (1) of this subsection; and 21
1169+
1170+ (ii) Training and assistance to tobacco retailers to improve 22
1171+compliance with § 10–107 of the Criminal Law Article. 23
1172+
1173+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
1174+as follows: 25
1175+
1176+Article – Health Occupations 26
1177+
1178+12–403. 27
1179+
1180+ (c) Except as otherwise provided in this section, a pharmacy for which a 28
1181+pharmacy permit has been issued under this title: 29
1182+
1183+ (22) (i) May provide to an ophthalmologist for office use, without a 30
1184+patient–specific prescription: 31
1185+
1186+ 1. Compound antibiotics for the emergency treatment of 32
1187+bacterial endophthalmitis or viral retinitis; and 33 26 SENATE BILL 1056
1188+
1189+
1190+
1191+ 2. Compound antivascular endothelial growth factor agents 1
1192+for the emergency treatment of neovascular glaucoma, wet macular degeneration, or 2
1193+macular edema; and 3
1194+
1195+ (ii) Shall require the ophthalmologist to inform the pharmacy of the 4
1196+identity of any patient to whom the drugs are administered; [and] 5
1197+
1198+ (23) Subject to § 12–510 of this title, may provide compounded nonsterile 6
1199+preparations or compounded sterile preparations without a patient–specific prescription to 7
1200+a licensed veterinarian who intends to dispense the compounded nonsterile preparations 8
1201+or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article; 9
1202+AND 10
1203+
1204+ (24) MAY NOT SELL TOBACCO PRODUCTS, OTHER TOBACCO 11
1205+PRODUCTS, AS DEFINED IN § 16.5–101 OF THE BUSINESS REGULATION ARTICLE, OR 12
1206+ELECTRONIC SMOKING D EVICES, AS DEFINED IN § 16.7–101 OF THE BUSINESS 13
1207+REGULATION ARTICLE. 14
1208+
1209+ SECTION 2. 3. 2. AND BE IT FURTHER ENACTED, That, on or before December 15
1210+31, 2024 October 1, 2025, the Alcohol, Tobacco, and Cannabis Commission, in conjunction 16
1211+with the Maryland Department of Health, the Comptroller, and the State Department of 17
1212+Education, shall report to the Senate Finance Committee, the House Economic Matters 18
1213+Committee, and the House Health and Government Operations Committee, in accordance 19
1214+with § 2–1257 of the State Government Article, on: 20
1215+
1216+ (1) the number of retailers of cigarettes, other tobacco products, and 21
1217+electronic smoking devices licensed under Title 16, Title 16.5, or Title 16.7 of the Business 22
1218+Regulation Article, including information regarding the proximity of retailers to schools 23
1219+and health care facilities; 24
1220+
1221+ (2) the processes and procedures currently used by the Alcohol, Tobacco, 25
1222+and Cannabis Commission to maintain a list of all operating businesses that hold a license 26
1223+under Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article; 27
1224+
1225+ (3) the geographic density of businesses currently holding a license under 28
1226+Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article; 29
1227+
1228+ (4) the feasibility and resulting impact of limiting or establishing a 30
1229+maximum number of licenses that could be issued under Title 16, Title 16.5, or Title 16.7 31
1230+of the Business Regulation Article; and 32
1231+
1232+ (5) with regard to the use of tobacco, other tobacco products, and electric 33
1233+smoking devices, including the use of flavored tobacco products, by individuals under the 34
1234+age of 21 years in the State, an analysis of: 35
1235+ SENATE BILL 1056 27
1236+
1237+
1238+ (i) its prevalence in the described population; 1
1239+
1240+ (ii) the public health impacts; and 2
1241+
1242+ (iii) the economic impacts. 3
1243+
1244+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
1245+effect October 1, 2025. 5
1246+
1247+ SECTION 3. 5. 3. AND BE IT FURTHER ENACTED, That , except as provided in 6
1248+Section 4 of this Act, this Act shall take effect October 1, 2024. 7
1249+
1250+
1251+
1252+Approved:
1253+________________________________________________________________________________
1254+ Governor.
1255+________________________________________________________________________________
1256+ President of the Senate.
1257+________________________________________________________________________________
1258+ Speaker of the House of Delegates.