Subtitle 5 – Unlawful Distribution
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code § 12-501 (2026)
§ 12-501 Definitions.LinkCopy Citation
(a)In general.
In this subtitle, the following terms have the meanings indicated.
(b)Distribute.
“Distribute” means to:
(1)
give away, sell, deliver, dispense, or issue;
(2)
offer to give away, sell, deliver, dispense, or issue; or
(3)
cause or hire any person to:
(i)
give away, sell, deliver, dispense, or issue; or
(ii)
offer to give away, sell, deliver, dispense, or issue.
(c)Tobacco product.
“Tobacco product” has the meaning stated in State Health-General Article, § 13-1001 {“Definitions: Tobacco Product”}.
History: Ord. 02-322
History: Ord. 14-310
History: Ord. 20-340
Balt., Md., Code § 12-502 (2026)
§ 12-502 Unlawful distribution.LinkCopy Citation
(a)Persons in business.
A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not:
(1)
distribute any tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of an employer engaged in the business of distributing those products or devices;
(2)
distribute any cigarette rolling paper to an individual under the age of 21 years; or
(3)
distribute to an individual under the age of 21 years any coupon redeemable for any tobacco product.
(b)Others.
A person not described in subsection (a) of this section may not:
(1)
buy for or sell to an individual under the age of 21 years any tobacco product; or
(2)
buy for or sell or deliver to an individual under the age of 21 years any cigarette rolling paper.
History: Ord. 02-322
History: Ord. 14-310
History: Ord. 20-340
Balt., Md., Code § 12-503 (2026)
§ 12-503 Exceptions.LinkCopy Citation
(a)Published coupon.
This subtitle does not apply to the distribution of a coupon that 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)Identification of age.
A person has not violated this subtitle if:
(1)
the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and
(2)
the license or other identification identified the buyer or recipient as being at least 21 years old.
(c)Active duty military.
A person has not violated this subtitle if:
(1)
the person examined a buyer’s or recipient’s valid military identification; and
(2)
the identification indicated that the buyer or recipient is:
(i)
an active duty member of the military; and
(ii)
at least 18 years old.
History: Ord. 02-322
History: Ord. 20-340
Balt., Md., Code § 12-504 to 12-505 (2026)
§§ 12-504 to 12-505LinkCopy Citation
Reserved
Balt., Md., Code § 12-506 (2026)
§ 12-506 Enforcement by citation.LinkCopy Citation
(a)In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:
(1)
an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or
(2)
a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
(b)Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
History: Ord. 02-322
Balt., Md., Code § 12-507 (2026)
§ 12-507 Penalties: $1,000.LinkCopy Citation
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
History: Ord. 02-322