(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:
(i) subject to discipline by the Executive Director under § 16–210 of this subtitle; and
(ii) 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 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.
Structure Maryland Statutes
Subtitle 2 - Cigarette Business Licenses
Section 16-202 - Cigarette Business License Required; Exception; Multiple Licenses
Section 16-203 - Qualifications of Applicants
Section 16-204 - Applications for Licenses; Fees
Section 16-205 - Issuance of Licenses
Section 16-206 - Scope of Licenses
Section 16-207 - Term and Renewal of Licenses
Section 16-208 - Assignment, Transfer, and Surrender of Licenses
Section 16-209 - License Display; Cigarette Display and Vending Machine Label Requirements
Section 16-210 - Denials, Reprimands, Suspensions, and Revocations -- Grounds
Section 16-211 - Denials, Reprimands, Suspensions, and Revocations -- Hearings
Section 16-212 - Period and Notice of Disciplinary Action; Revocation
Section 16-213 - Judicial Review
Section 16-214 - Doing Business Without License
Section 16-215 - Accepting Delivery of Unstamped Cigarettes Prohibited
Section 16-216 - Distribution and Intended Use of Cigarette Business License Fees
Section 16-218 - Records of Subwholesaler and Wholesaler
Section 16-219 - Records by Transporter
Section 16-220 - Sealing Vending Machines
Section 16-221 - Removing or Tampering With Vending Machine Seal Prohibited
Section 16-222 - Shipping, Importing, or Selling of Cigarettes Into State
Section 16-223 - Direct Sales and Shipping of Cigarettes Ordered by Mail or Other Means