Ch. 110

1994 LAWS OF MARYLAND

(7) (9) "SUBWHOLESALER'S LICENSE" MEANS THE SUBWHOLESALER
LICENSE REQUIRED UNDER TITLE 16 OF THE BUSINESS REGULATION ARTICLE.

(B) (1) A PERSON ENGAGED IN THE BUSINESS OF SELLING OR OTHERWISE
DISTRIBUTING TOBACCO PRODUCTS FOR COMMERCIAL PURPOSES, INCLUDING
PERSONS LICENSED UNDER TITLE 16 OF THE BUSINESS REGULATION ARTICLE, MAY
NOT:

        (1) (I) DISTRIBUTE ANY TOBACCO PRODUCT TO A MINOR, UNLESS
THE MINOR IS ACTING SOLELY AS THE AGENT OF THE MINOR'S EMPLOYER, WHO IS
IN THE BUSINESS OF DISTRIBUTING TOBACCO PRODUCTS;

(2) (II) DISTRIBUTE CIGARETTE ROLLING PAPERS TO A MINOR; OR

(3) DISTRIBUTE TO ANY MINOR A COUPON REDEEMABLE FOR ANY
TOBACCO PRODUCT; OR

(3) DISTRIBUTE TO AN INDIVIDUAL IN A PUBLIC PLACE OR AT A PUBLIC
EVENT ANY TOBACCO PRODUCT WITHOUT CHARGE OR AT A CHARGE LESS THAN
THE BASIC COST, EXCEPT FOR SINGLE SERVINGS OF TOBACCO PRODUCTS IN
TOBACCO SHOPS OR TRADE SHOWS TO INDIVIDUALS WHO ARE NOT MINORS;

(4) DISTRIBUTE TO AN INDIVIDUAL COUPONS REDEEMABLE FOR
TOBACCO PRODUCTS; OR

(4) (5) DISTRIBUTE TO AN INDIVIDUAL TOBACCO PRODUCTS OTHER
THAN IN THE ORIGINAL SEALED PACKAGE OR BOX THAT BEARS ALL HEALTH
WARNINGS REQUIRED BY FEDERAL AND STATE LAW, EXCEPT FOR SINGLE
SERVINGS OF TOBACCO PRODUCTS IN TOBACCO SHOPS OR TRADE SHOWS TO
INDIVIDUALS WHO ARE NOT MINORS.

(III) DISTRIBUTE TO ANY MINOR A COUPON REDEEMABLE FOR ANY
TOBACCO PRODUCT.

(2) A PERSON NOT DESCRIBED UNDER PARAGRAPH (I) OF THIS
SUBSECTION MAY NOT:

            (I) PURCHASE FOR OR SELL TO A MINOR ANY TOBACCO PRODUCT; OR

(II) DELIVER OR SELL TO A MINOR CIGARETTE ROLLING PAPERS.

(C) THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION DO NOT APPLY TO
THE DISTRIBUTION OF A COUPON WHICH IS REDEEMABLE FOR ANY TOBACCO
PRODUCT WHEN THE COUPON IS CONTAINED IN A NEWSPAPER, A MAGAZINE, OR
ANY OTHER TYPE OF PUBLICATION IN WHICH THE COUPON IS INCIDENTAL TO THE
PRIMARY PURPOSE OF THE PUBLICATION, OR SENT THROUGH THE MAIL.

(D) IN A PROSECUTION FOR A VIOLATION OF SUBSECTION (B) (B)(1) OR (2) OF
THIS SECTION, IT SHALL BE A DEFENSE THAT THE DISTRIBUTOR OF TOBACCO
PRODUCTS, ROLLING PAPERS, OR COUPONS DEFENDANT EXAMINED THE
PURCHASER'S OR RECIPIENT'S DRIVER'S LICENSE OR OTHER VALID

- 1232 -