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§ 16-223. Direct sales and shipping

West's Annotated Code of MarylandBusiness RegulationEffective: January 1, 2021

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 16. Cigarettes (Refs & Annos)
Subtitle 2. Cigarette Business Licenses (Refs & Annos)
Effective: January 1, 2021
MD Code, Business Regulation, § 16-223
§ 16-223. Direct sales and shipping
Currentness
(a) This section applies to a person who is engaged in the business of selling or distributing cigarettes.
(b)(1) Except as provided in paragraph (2) of this subsection, a person covered under this section may not:
(i) sell or ship cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, directly to a consumer or other unlicensed recipient in this State; or
(ii) cause cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, to be shipped directly to a consumer or other unlicensed recipient in this State.
(2) A licensed retailer may deliver no more than two cartons of cigarettes directly to a consumer if the delivery is made by the licensed retailer or an employee of the licensed retailer.
(c)(1) A licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is:
(i) subject to discipline by the Executive Director under § 16-210 of this subtitle; and
(ii) guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.
(2) A person other than a licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.

Credits

Added by Acts 2005, c. 490, § 1, eff. Oct. 1, 2005. Amended by Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.
MD Code, Business Regulation, § 16-223, MD BUS REG § 16-223
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