Maryland Department of Health
Maternal and Child Health Bureau (MCHB)

MCH HOTLINE
1-800-456-8900

​Rules and Regulations


Restrictions

  • Both smoked and smokeless tobacco products and tobacco paraphernalia may not be sold to persons less than 18 years of age.  Proof of age is required to purchase these products.1,2
  • Smoking is prohibited in indoor areas open to the public, government-owned or operated public transportation, and indoor places of employment.1
    • ncluding: government buildings, private workplaces, schools, child care facilities, restaurants, and bars1ncluding: government buildings, private workplaces, schools, child care facilities, restaurants, and bars1
    • Exceptions:  private homes, 25% of hotel/motel rooms, retail tobacco businesses, facilities for manufacturing, processing or distributing tobacco, and laboratories for the purpose of scientific research.1

Penalties

  • Penalties for sales to minors is a fine of no more than $300 for a first violation, $1,000 for a second violation within two years, and $3,000 for subsequent violations within a two-year period. 1
  • Violation of smoking regulations prompts written reprimand by the Secretary of the Department of Health and Mental Hygiene for a first offense, a civil penalty of $100 for a second offense, and a civil penalty of at least $250 for subsequent offenses.1

 

Tobacco Taxes  

  • The Maryland tax per pack of 20 cigarettes is $2.00.1
    • Maryland’s cigarette tax ranks 12th compared to other states.  New York has the highest tax at $4.35, and Missouri has the lowest tax at $0.17.3
    • Increasing cigarette tax has been shown to reduce smoking consumption, especially among youth.4
  • Cigars are taxed at 70% of the wholesale price.1
  • Premium cigars are taxed at 15% of the wholesale price.1
  • All other tobacco products are taxed at 30% of the wholesale price.1

 


FDA Regulation

  • The Family Smoking Prevention and Tobacco Control Act, effective June 2009, gave the FDA power to regulate the manufacture, distribution, and marketing of tobacco products.he Family Smoking Prevention and Tobacco Control Act, effective June 2009, gave the FDA power to regulate the manufacture, distribution, and marketing of tobacco products.2
    • Limits marketing and advertising of tobacco products to youth.2
    • Requires larger, more prominent warning labels for tobacco products.2
    • Specifically prohibits the use of reduced harm claims like “low”, “mild”, or “light” in product labeling and advertisements.2
    • Bans cigarettes with artificial or natural flavor (other than tobacco or menthol), e.g. strawberry, grape, cinnamon, clove, chocolate, or coffee.2

 

§  However, this ban does not extend to other forms of tobacco such as cigars, hookah, and e-cigarette cartridges.
 
  
Resources
 
  1. SLATI State Information: Maryland. Retrieved October 2, 2014 from American Lung Association Website: http://www.lungusa2.org/slati/statedetail.php?stateId=24
  2. Overview of the Family Smoking Prevention and Tobacco Control Act: Consumer Fact Sheet. Retrieved October 5, 2014 from U.S. Food and Drug Administration Website: https://www.fda.gov/tobacco-products/rules-regulations-and-guidance/family-smoking-prevention-and-tobacco-control-act-overview​​
  3. State Cigarette Excise Tax Rates & Rankings. Retrieved October 2, 2014 from Campaign for Tobacco-Free Kids Website: http://www.tobaccofreekids.org/research/factsheets/pdf/0097.pdf.
  4. Raising Cigarette Taxes Reduces Smoking, Especially Among Kids (And the Cigarette Companies Know it). Retrieved October 6, 2014 from Campaign for Tobacco-Free Kids Website: http://www.tobaccofreekids.org/research/factsheets/pdf/0146.pdf.
   
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