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§ 1-1203. Distribution of tobacco products

West's Annotated Code of MarylandLocal GovernmentEffective: October 1, 2019

West's Annotated Code of Maryland
Local Government (Refs & Annos)
Division I. Definitions; General Provisions [Titles 1-3] (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 12. Tobacco Product Sales (Refs & Annos)
Effective: October 1, 2019
MD Code, Local Government, § 1-1203
Formerly cited as MD CODE, Art. 24, § 15-102.1
§ 1-1203. Distribution of tobacco products
Currentness
Scope of section
(a) This section applies only in:
(1) Carroll County;
(2) Cecil County;
(3) Garrett County; and
(4) St. Mary's County.
Application of section
(b) Subsection (c)(3) of this section does not apply to the distribution of a coupon that is redeemable for a tobacco product if the coupon:
(1) is contained in a newspaper, magazine, or other type of publication and the coupon is incidental to the primary purpose of the publication; or
(2) is sent through the mail.
Prohibition
(c) A person may not:
(1) distribute a tobacco product to an individual under the age of 21 years, unless:
(i) the individual is acting solely as the agent of the individual's employer who is engaged in the business of distributing tobacco products; or
(ii) the individual:
1. is at least 18 years of age;
2. is an active duty member of the military; and
3. presents a valid military identification;
(2) distribute cigarette rolling papers to an individual under the age of 21 years, unless the individual:
(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification; or
(3) distribute to an individual under the age of 21 years a coupon redeemable for a tobacco product, unless the individual:
(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification.
Defense
(d) A person has not violated this section if:
(1) the person examined the driver's license or other valid government-issued identification presented by the recipient of a tobacco product, cigarette rolling paper, or coupon redeemable for a tobacco product; and
(2) the license or other identification positively identified the recipient as being at least 21 years old or as being at least 18 years of age and an active duty member of the military.
Civil penalty
(e)(1) In Carroll County and St. Mary's County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:
(i) $300 for the first violation; and
(ii) $500 for any subsequent violation within 24 months after the previous citation.
(2) In Cecil County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:
(i) $300 for the first violation;
(ii) $500 for a second violation; and
(iii) $750 for any subsequent violation.
(3) In Garrett County, a person who violates this section commits a civil infraction and is subject to a civil penalty not exceeding $300.

Credits

Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013. Amended by Acts 2019, c. 396, § 1, eff. Oct. 1, 2019.
MD Code, Local Government, § 1-1203, MD LOCAL GOVT § 1-1203
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document