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Ch. 26
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2002 LAWS OF MARYLAND
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(II) A CIGARETTE ROLLING PAPER; OR
(III) A COUPON REDEEMABLE FOR A TOBACCO PRODUCT.
(C) SAME — BY OTHER PERSON.
A PERSON NOT DESCRIBED IN SUBSECTION (B)(2) OF THIS SECTION MAY NOT:
(1) PURCHASE FOR OR SELL A TOBACCO PRODUCT TO A MINOR; OR
(2) . DISTRIBUTE A CIGARETTE ROLLING PAPER TO A MINOR
(D) DEFENSE.
IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE THAT
THE DEFENDANT EXAMINED THE PURCHASER'S OR RECIPIENT'S DRIVER'S LICENSE
OR OTHER VALID IDENTIFICATION ISSUED BY AN EMPLOYER, GOVERNMENT UNIT,
OR INSTITUTION OF HIGHER EDUCATION THAT POSITIVELY IDENTIFIED THE
PURCHASER OR RECIPIENT AS AT LEAST 18 YEARS OF AGE.
(E) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING:
(1) $300 FOR A FIRST VIOLATION;
(2) $1,000 FOR A SECOND VIOLATION OCCURRING WITHIN 2 YEARS
AFTER THE FIRST VIOLATION; AND
(3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2
YEARS AFTER THE PRECEDING VIOLATION.
(F) SEPARATE INCIDENT A VIOLATION.
FOR PURPOSES OF THIS SECTION, EACH SEPARATE INCIDENT AT A DIFFERENT
TIME AND OCCASION IS A VIOLATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 404(b) through (d) and 405.
In subsection (a)(1) of this section, the defined term "minor" is substituted
for the former reference to "a person under 18" for clarity.
In subsection (b)(1) of this section, the phrase "if the minor's employer
distributes tobacco products for commercial purposes" is substituted for
the former reference to an employer "who is in the business of distributing
tobacco products" for clarity.
In subsection (b)(2) of this section, the former reference to "selling" tobacco
products is deleted in light of the defined term "distribute", which includes
to "sell".
In subsection (c)(2) of this section, the defined term "distribute" is
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