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Ch. 490 2005 LAWS OF MARYLAND
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Business Regulation
16-223.
(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 SUBJECT TO:
(I) SUBJECT TO DISCIPLINE BY THE COMPTROLLER UNDER §
16-210 OF THIS SUBTITLE; AND
(II) THE PENALTY SPECIFIED UNDER § 13-1015 OF THE TAX
GENERAL ARTICLE 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 SUBJECT TO THE PENALTY SPECIFIED
UNDER § 13-1015 OF THE TAX—GENERAL ARTICLE 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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 26, 2005.
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