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§ 10-107. Distribution of tobacco product to minor

West's Annotated Code of MarylandCriminal LawEffective: May 8, 2020

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 1. Crimes Against Public Health and Safety
Part I. General Provisions
Effective: May 8, 2020
MD Code, Criminal Law, § 10-107
Formerly cited as MD CODE Art. 27, § 404; MD CODE Art. 27, § 405
§ 10-107. Distribution of tobacco product to minor
Scope of section
(a) This section does not apply to the distribution of a coupon that is redeemable for a tobacco product, if the coupon is:
(1) contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or
(2) sent through the mail.
Prohibited--By distributor of tobacco product
(b)(1) This subsection does not apply to the distribution of a tobacco product or tobacco paraphernalia to:
(i) an individual under the age of 21 years who is acting solely as the agent of the individual's employer if the employer distributes tobacco products or tobacco paraphernalia for commercial purposes; or
(ii) a purchaser or recipient who:
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) A person who distributes tobacco products for commercial purposes, including a person licensed under Title 16 of the Business Regulation Article, may not distribute to an individual under the age of 21 years:
(i) a tobacco product;
(ii) tobacco paraphernalia; or
(iii) a coupon redeemable for a tobacco product.
Prohibited--By other person
(c) A person not described in subsection (b)(2) of this section may not:
(1) purchase for or sell a tobacco product 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
(2) distribute tobacco paraphernalia 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.
Defense
(d) In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser's or recipient's driver's license or other valid identification issued by a government unit that positively identified the purchaser or recipient as at least 21 years of age or as at least 18 years of age and an active duty member of the military.
Penalty
(e)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(i) $300 for a first violation;
(ii) $1,000 for a second violation occurring within 2 years after the first violation; and
(iii) $3,000 for each subsequent violation occurring within 2 years after the preceding violation.
(2) Issuance of a civil citation for the sale of a tobacco product to an individual under the age of 21 years precludes a prosecution for a violation of § 24-307 of the Health--General Article arising out of the same violation.
Separate incident a violation
(f) For purposes of this section, each separate incident at a different time and occasion is a violation.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 115, § 1, eff. Oct. 1, 2003; Acts 2007, c. 218, § 1, eff. April 24, 2007; Acts 2017, c. 773, § 1, eff. Oct. 1, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2018, c. 785, § 1, eff. Oct. 1, 2018; Acts 2019, c. 396, § 1, eff. Oct. 1, 2019; Acts 2020, c. 627, § 1, eff. May 8, 2020.
Formerly Art. 27, §§ 404, 405.
MD Code, Criminal Law, § 10-107, MD CRIM LAW § 10-107
Current with legislation effective through July 1, 2021, from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document