Article - Business Regulation

16-222.

(A) A PERSON MAY NOT SHIP, IMPORT, OR SELL INTO OR WITHIN THIS STATE
ANY BRAND OF CIGARETTE UNLESS THAT PERSON:

(1) IS THE OWNER OF THE BRAND;

(2) IS THE UNITED STATES IMPORTER FOR THE BRAND; OR

(3) IS A DESIGNATED AGENT IN MARYLAND OF:

(I) THE OWNER OF THE BRAND; OR

(II) THE UNITED STATES IMPORTER OF THE BRAND; AND

(4) HOLDS ANY LICENSE REQUIRED BY THIS SUBTITLE.

(B) A PERSON WHO SHIPS, IMPORTS, OR SELLS CIGARETTES INTO OR WITHIN
THIS STATE:

(1) 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; AND

(2) SHALL ENSURE THAT THE CONTAINERS OR INDIVIDUAL PACKAGES
OF CIGARETTES DO NOT CONTAIN ANY INFORMATION OR MARKINGS THAT ARE
FALSE, MISLEADING, OR CONTRARY TO:

(I) FEDERAL TRADEMARKS TAX LAWS;

(II) THE TRADEMARK LAW OF THIS STATE UNDER TITLE 1,
SUBTITLE 4 OF THIS ARTICLE; OR

(III) THE TAX LAWS OF THIS STATE UNDER TITLE 12 OF THE TAX -
GENERAL ARTICLE.

(C) A PERSON WHO SHIPS, IMPORTS, OR SELLS CIGARETTES INTO OR WITHIN
THIS STATE IN VIOLATION OF THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION
BY THE COMPTROLLER UNDER § 16-210 OF THIS SUBTITLE AND TO THE PENALTY
SPECIFIED IN § 13-1015 OF THE TAX - GENERAL ARTICLE.

Article - Tax - General

13-1015.

A person who willfully SHIPS, IMPORTS, SELLS INTO OR WITHIN, OR transports
[in] WITHIN, [the] THIS State [unstamped] cigarettes in violation of TITLE 12 OF
THIS ARTICLE OR [§ 16-219] § 16-219 OR § 16-222 of the Business Regulation Article
is 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 1 year 2 YEARS
or both.