IPCPR Legislative | Restrictions in Maryland

Restrictions in Maryland

maryland

Smoking, Age and Sampling Restrictions in Maryland

Maryland state law prohibits smoking in (1) an indoor area or a portion of an indoor area accessible to the public by either invitation or permission, including any establishment licensed under Article 2B of the Code for the sale or possession of alcoholic beverages; (2) an indoor area in which meetings are open to the public; (3) a government-owned or government-operated means of mass transportation including buses, vans, trains, taxicabs, and limousines; or (4) an indoor place of employment, meaning a place in or about which an employee is allowed to work.

 

Md. Code. Ann. Health Gen. § 24-504
Md. Code. Ann. Labor & Empl. § 5-101

 

Counties are not preempted from enacting more stringent smoking restrictions to reduce involuntary exposure to environmental tobacco smoke.

 

Md. Code. Ann. Health Gen. § 24-510

 

Exemptions

The following are exempt from the ban on smoking, subject to conditions:

  • 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 child care, and private vehicles, unless being used for the public transportation of children, or as part of health care or child care transportation;
  • Designated hotel or motel rooms;
  • 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;
  • Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
  • A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke.

 

Md. Code. Ann. Health Gen. § 24-505

 

Signs with letters at least 1 inch in height that state “Smoking Permitted in This Room” shall be prominently posted and properly maintained by the owner, operator, manager, or person in control of an establishment where smoking is allowed.

 

Md. Code. Ann. Health Gen. § 24-506

 

Maryland law does not provide a specific application procedure to qualify for exemption from the smoking ban. Localities may have specific requirements.

Individuals under the age of 18 cannot use or possess a tobacco product or cigarette rolling paper or obtain or attempt to obtain a tobacco product or cigarette rolling paper. However, this prohibition does not apply to the possession of a tobacco product or cigarette rolling paper by a minor who is acting as the agent of the minor’s employer within the scope of employment. It is also illegal for a distributor of tobacco or other person to distribute tobacco products, tobacco paraphernalia, or coupons redeemable for a tobacco product to a minor. Again, this prohibition 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.

 

Md. Code. Ann. Crim. Law § 10-107
Md. Code. Ann. Crim. Law § 10-108

 

Maryland state law contains no specific provisions concerning preemption of local youth access laws, so local communities are allowed to pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

A person who distributes tobacco products for commercial purposes may not distribute a coupon redeemable for a tobacco product to any individual under 18 years of age.

Md. Code. Ann. Crim. Law § 10-107(b)(2)(iii)

 

Staff reported that there is no tobacco tax on free samples of OTP.

 

Maryland state law contains no specific provisions concerning preemption of sampling, so local communities are allowed to pass more stringent laws or ordinances in this area.

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