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PARRIS N. GLENDENING, Governor
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Ch. 26
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Also in subsection (b) of this section, the phrase "is guilty of a
misdemeanor" is added to state expressly that which only was implied in
the former law by reference to a person who is "convicted". In this State,
any crime that was not a felony at common law and has not been declared
a felony by statute is considered to be a misdemeanor. See State v. Canova,
278 Md. 483, 490 (1976), Bowser v. State, 136 Md. 342, 345 (1920), Dutton
v. State, 123 Md. 373, 378 (1914), and Williams v. State, 4 Md. App. 342,
347 (1968).
Defined term: "Person" § 1-101
10-106. SALE OF CLOVE CIGARETTES.
(A) PROHIBITED.
A PERSON MAY NOT SELL OR OFFER FOR SALE A CLOVE CIGARETTE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE OF $500.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 40A.
In subsection (a) of this section, the former reference to the "State" is
deleted as surplusage.
Defined term: "Person" § 1-101
10-107. DISTRIBUTION OF TOBACCO PRODUCT TO MINOR
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO THE DISTRIBUTION OF A COUPON THAT IS
REDEEMABLE FOR A TOBACCO PRODUCT, IF THE COUPON IS:
(1) CONTAINED IN A NEWSPAPER, MAGAZINE, OR OTHER TYPE OF
PUBLICATION IN WHICH THE COUPON IS INCIDENTAL TO THE PRIMARY PURPOSE OF
THE PUBLICATION; OR
(2) SENT THROUGH THE MAIL.
(B) PROHIBITED — BY DISTRIBUTOR OF TOBACCO PRODUCT.
(1) THIS SUBSECTION 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.
(2) A PERSON WHO DISTRIBUTES TOBACCO PRODUCTS FOR
COMMERCIAL PURPOSES, INCLUDING A PERSON LICENSED UNDER TITLE 16 OF THE
BUSINESS REGULATION ARTICLE, MAY NOT DISTRIBUTE TO A MINOR:
(I) A TOBACCO PRODUCT;
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- 707 -
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