Maryland

Clean Indoor Air

Public Places

Smoking is prohibited in indoor areas open to the public; indoor places in which meetings are open to the public; a government-owned or government-operated means of mass transportation, including buses, vans, trains, taxicabs, and limousines; or an indoor place of employment. This includes restaurants, bars and private clubs. This does not apply to: 1) private homes, residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered to provide day care or child care, and private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation; 2) 25 percent of hotel/motel rooms; 3) a retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which the primary activity is the retail sale of tobacco products and accessories, and the sale of other products is incidental; 4) any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor; and 5) a research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke. An economic hardship waiver is available until January 31, 2011 (see below).

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Within 90 days from the receipt of an application for a waiver and the date that all conditions for the application for a waiver required in the regulations adopted by the Secretary of the Department of Health and Mental Hygiene have been satisfied, the health officer of a county may grant a waiver from the application of a specific provision above, if prior to the granting of the waiver, the applicant for a waiver establishes in writing that compliance would cause undue financial hardship; or other factors exist that would render compliance unreasonable. The secretary may impose conditions or restrictions on a waiver granted under this section to minimize the adverse effects of the waiver on individuals exposed to secondhand smoke; and ensure that the waiver is consistent with the purposes of this subtitle. A waiver may not be granted on or after and existing waivers terminate on January 31, 2011.

MD. CODE ANN., HEALTH-GEN. § 24-509 (2008).

Nothing in this subtitle shall be construed to preempt a county or municipal government from enacting and enforcing more stringent measures to reduce involuntary exposure to environmental tobacco smoke.

MD. CODE ANN., HEALTH-GEN. § 24-510 (2008).

Government Buildings

Smoking is prohibited in indoor places of employment defined as a place in or about which an employee is allowed to work. Employee includes any individual employed by a governmental unit. Smoking is also prohibited in a government-owned or government-operated means of mass transportation including buses, vans, trains, taxicabs and limousines.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

By Executive Order, smoking is prohibited in all state buildings and facilities, in all space leased or rented by the state, and in government operated shuttle buses. State employees are strongly encouraged to refrain from smoking in state vehicles and may not smoke when other nonsmoking passengers are present in the vehicle. State officials or employees in charge of facilities housing clients, patients, inmates, or wards of the state may prohibit or restrict smoking by residents. This order does not apply to the ground and first floor of the State House and spaces assigned to the legislative and judicial branches of government. However, these branches are called upon to establish smoke free environments in those workspaces.

Exec. Order 01.01.1992.20 (1992).

Private Workplaces

Smoking is prohibited in indoor places of employment defined as a place in or about which an employee is allowed to work. An employer is defined as a person who is engaged in commerce, industry, trade, or other business in the state and employs at least one employee in that business. The Maryland Department of Labor, Licensing and Regulation is required to adopt regulations to prohibit secondhand smoke in indoor places of employment not normally open to the general public. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor is exempt.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Schools

The sale or use of tobacco in any form is prohibited in school buildings at all times. In addition, the sale or use of tobacco in any form is prohibited on school grounds during the official school day. Each local superintendent of schools must certify in writing to the State Superintendent of Schools that all school buildings and grounds are tobacco free. Each local school system must also post notification to students, staff, and the general public that school buildings and grounds are tobacco free.

CODE of MD REGS. (COMAR) tit. 13A §§ 02.04 et seq. (1992).

Smoking is prohibited in indoor areas open to the public and indoor places of employment, including schools and other educational facilities.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Child Care Centers

Smoking is prohibited in indoor areas open to the public and indoor places of employment, including child care facilities. Specifically included, are home-based child care facilities that are licensed or registered as required by law, and vehicles used in day care transportation.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Health Facilities

Every director of a nursing home, health clinic, or physician’s office shall make and carry out a plan that adequately protects the health of nonsmoking patients by regulating the smoking of tobacco products on the premises. Smoking is prohibited in hospitals except for facilities for the treatment of mental disorders; a facility where the average patient stay is more than 30 days; or in an acute care hospital and the attending physician authorizes smoking, in writing, as part of the care for the patient. Smoking permitted under this section shall be in designated areas that are considered safe and provide nonsmoking patients, family members and employees protection from tobacco smoke. Smoking may not be permitted where nonsmoking patients sleep.

MD. CODE ANN., HEALTH-GEN. § 24-205 (2008).

Notwithstanding the above, smoking is prohibited in indoor areas open to the public and indoor places of employment, including health care facilities. Vehicles used for health care transportation are specifically included.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Restaurants

Restaurants: Smoking is prohibited in restaurants.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Bars: Smoking is prohibited in bars/taverns.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Penalties/Enforcement

Signs that state “Smoking Permitted in This Room” shall be prominently posted and properly maintained by the owner, operator, manager, or other person having control of the area where smoking is allowed. Violation of the above law or regulation issued to enforce the law is subject to a written reprimand by the Secretary of the Department of Health Mental Hygiene for a first violation, a civil penalty of $100 for a second violation and a civil penalty of not less than $250 for a subsequent violation. The secretary may waive a penalty giving consideration to the seriousness of the violation and any demonstrated good faith measures to comply. It is an affirmative defense to a complaint brought against a person if the person or an employee of the person: posted a “No Smoking” sign as required; removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and if the violation occurred in a bar, tavern or restaurant refused to seat or serve any individual who was smoking in a prohibited area; and if the individual continued to smoke after an initial warning, asked the individual to leave the establishment.

MD. CODE ANN., HEALTH-GEN. §§ 24-501 to 24-511 (2008) & MD. CODE ANN., LAB. & EMPLOY. §§ 5-101 & 5-608 (2008).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $2.00

Date last changed: January 1, 2008 — from $1.00 to $2.00

Year first enacted: 1958

MD. CODE ANN.,TAX-GEN. § 12-105(a) (2008).

A county, municipal corporation, special taxing district, or other political subdivision of the state may not impose a tax on cigarettes.

MD. CODE ANN., TAX-GEN. § 12-102 (2004).

The sales and use tax do not apply to a sale of nicotine patches, nicotine gum, or any other product intended for use as an aid in tobacco use cessation and approved by the United States Food And Drug Administration for that purpose.

MD. CODE ANN., TAX-GEN. § 11-211(b)(18) (2000).

Other Tobacco Products

All other tobacco products: 15% of the wholesale price

MD. CODE ANN., TAX-GEN. § 12-105(b) (2002).

Revenue Collected

$268,415,000

Youth Access

Penalties for Sales to Minors

A person engaged in selling or otherwise distributing tobacco products for commercial purposes may not distribute tobacco products or tobacco paraphernalia to persons under 18 years of age. No other person may purchase for, deliver or sell tobacco products or tobacco paraphernalia to a minor. This does not apply to the distribution of a tobacco product or tobacco paraphernalia to a minor who is acting solely as the agent of the minor’s employer if the employer distributes tobacco products or tobacco paraphernalia for commercial purposes. Persons who violate this law shall be subject to a fine of not more than $300 for the first violation, $1,000 for a second violation within two years, and $3,000 for subsequent violations within a two-year period. It is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by an employer, government unit, or institution of higher education that positively identified the purchaser or recipient as at least 18 years of age. The owner or person in control of a tobacco vending machine that has the required sign displayed is not subject to these penalties if a person under 18 has purchased tobacco from their machine.

MD. CODE ANN. CRIM. LAW §§ 10-107 (2007).

Other Provisions

Internet Sales: No person engaged in the business of selling cigarettes may sell, ship, or cause to be sold or shipped 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. 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. A licensee who violates this section is subject to specified discipline by the state Comptroller, and is guilty of a felony and subject to a fine not exceeding $50 for each carton of cigarettes transported and/or imprisonment not exceeding two years. Unlicensed persons who violate this section are also guilty of a felony and subject to the same penalties listed above.

MD. CODE ANN., BUS. REGS. § 16-223 (2005).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not give away, offer or dispense tobacco products, cigarette rolling papers or a coupon redeemable for any tobacco product to a minor. This does not apply to the distribution of a coupon that is redeemable for a tobacco product, if the coupon is contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or the coupon is sent through the mail. This also does not apply to the distribution of a tobacco product to a minor who is acting solely as the agent of the minor’s employer if the employer distributes tobacco products for commercial purposes. It is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by an employer, government unit, or institution of higher education that positively identified the purchaser or recipient as at least 18 years of age. Persons who violate this law shall be subject to a fine of not more than $300 for the first violation, $1,000 for a second violation within two years, and $3,000 for subsequent violations within a two-year period.

MD. CODE ANN. CRIM. LAW § 10-107 (2007).

Single Cigarettes

A retailer or vending machine operator may not purchase from a tobacco product manufacturer or sell, resell, distribute, dispense, or give away to any person a package of cigarettes containing less than 20 cigarettes; and a wholesaler may not sell, resell, distribute, dispense, or give away to any person in this state a package of cigarettes containing less than 20 cigarettes. Violation is subject to a license suspension or revocation.

MD. CODE ANN., COMM. LAW §§ 11-5A-01 et seq. (2000); & MD. CODE ANN., BUS. REGS. § 16-210 (2000).

A person who ships, imports, or sells cigarettes into or within this state shall comply with any federal and state requirements concerning the placement of warning labels or other information on the containers or individual packages of cigarettes. Violation is a felony and subject to a fine of $50 for each carton of cigarettes transported and/or two years imprisonment. The license to sell tobacco products may also be suspended or revoked.

MD. CODE ANN., BUS. REGS. §§ 16-210 (2000) & 16-222 (1999); MD. CODE ANN., TAX-GEN. § 13-1015 (1999).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the state unless the vending machine: (1) is located in an establishment that minors are prohibited by law from entering or an establishment that is a bona fide fraternal or veterans organization; or (2) can only be operated with a token, card, or similar device that an individual can only obtain or purchase from the owner or an employee or agent.

MD. CODE ANN., BUS. REGS. § 16-3A-02 (2000).

Penalty

Violating the restrictions on placement of tobacco product vending machines is a misdemeanor punishable by a fine of $100.

MD. CODE ANN., BUS. REGS. § 16-3A-03 (2000).

Sign Posting

A licensee who sells cigarettes through a vending machine shall display on a conspicuous label the prohibition and penalties for sales or distribution of tobacco products to minors.

MD. CODE ANN., BUS. REG. § 16-209 (b)(2)(ii) (2002).

Licensing Requirements

Requirements

Manufacturers, wholesalers, and vending machine operators must obtain an appropriate license to sell or distribute cigarettes from the state Comptroller. Retailers must obtain a county license (see below), but still must pay a license fee to the state. A retailer’s license is required for each place of business. Licenses must be renewed annually. Selling or distributing cigarettes without the appropriate license is a misdemeanor subject to a fine of $1,000, imprisonment for not more than 30 days, or both.

MD. CODE ANN., BUS. REGS. §§ 16-201 et seq. (1997).

A county license is required for each place of business and each vending machine selling cigarettes. A county license is effective for one year. Selling cigarettes without a county license is a misdemeanor subject to a fine of $100.

MD. CODE ANN., BUS. REG. §§ 16-301 et seq. (1992).

Fee

$25 for a manufacturer’s license; $30 for a state retail license, and $25 for a county retail license except for Cecil County where the license fee is $50; $750 for a wholesale license; and $500 for a vending machine license. In addition, licensees must pay a non-refundable application fee of $200 to the state Comptroller for initial issuance of a license, and a fee of $30 for renewal of a license.

MD. CODE ANN., BUS. REGS. § 16-204 (1994).

Tobacco Settlement

Tobacco Control Appropriations

Maryland allocated $19,559,399 for tobacco prevention and cessation programs for FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment and the state general fund. $18,382,706 was allocated in FY2008.

FY2009 Annual Budget (S.B. 50) enacted 4/5/08 and effective 7/1/08.

In FY2007 and each fiscal year thereafter the Governor is required to include $21 million in the annual budget for activities aimed at reducing tobacco use in Maryland as recommended by the Centers for Disease Control and Prevention (CDC).

MD. CODE ANN., HEALTH-GEN. § 13-1015 (2005).

The Cigarette Restitution Fund was established where all revenues from annual Master Settlement Agreement (MSA) payments are distributed. Expenditures from the fund are made by annual appropriation in the state budget. The Cigarette Restitution Fund shall be used to fund the Tobacco Use Prevention and Cessation Program; the Cancer Prevention, Education, Screening, and Treatment Program; and other specified purposes. The governor shall include in the annual budget bill appropriations from the fund equivalent to the lesser of $100 million or 90 percent of the funds estimated to be available to the fund in the fiscal year for which the appropriations are made. In each fiscal year, at least 50 percent of the funds are to be appropriated for the purposes specified above, at least 30 percent of the funds are to be used for the Maryland Medical Assistance Program, and 0.15 percent of the funds are to be used to enforce MSA complementary enforcement legislation.

MD. CODE ANN., STATE FIN. & PROCUREMENT § 7-317 (2005).

Non-Monetary Provisions

Establishes a tobacco use prevention and cessation program in the Department of Health with funds from the Cigarette Restitution Fund. It is the purpose of the program to coordinate the state’s use of the settlement moneys so as to create a lasting legacy of public health initiatives that result in a reduction of tobacco use in the state. Resources shall be allocated in a manner that is consistent with CDC recommendations regarding best practices for tobacco control programs. Beginning in FY2007, and every second fiscal year thereafter, the program is required to conduct a Tobacco Study to collect data on smoking rates.

MD. CODE ANN., HEALTH-GEN. §§ 13-1001 et seq. (2005).

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