In this subtitle, the following terms have the meanings indicated. “Distribute” means to:give away, sell, deliver, dispense, or issue; offer to give away, sell, deliver, dispense, or issue; or cause or hire any person to:give away, sell, deliver, dispense, or issue; or offer to give away, sell, deliver, dispense, or issue. “Tobacco product” has the meaning stated in State Health-General Article, § 13-1001 {“Definitions: Tobacco Product”}. Ord. 02-322 Ord. 14-310 Ord. 20-340 State HG Art. § 13-1001(u) reads as follows (u) (1) “Tobacco product” means any product that is: (i) Intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains: 1. Tobacco; or 2. Nicotine; or (ii) An accessory or component used in any manner of consumption of a product described in item (i) of this paragraph. (2) “Tobacco product” includes: (i) Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; (ii) Electronic smoking devices; and (iii) Filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content. (3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not: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; distribute any cigarette rolling paper to an individual under the age of 21 years; or distribute to an individual under the age of 21 years any coupon redeemable for any tobacco product. A person not described in subsection (a) of this section may not:buy for or sell to an individual under the age of 21 years any tobacco product; or buy for or sell or deliver to an individual under the age of 21 years any cigarette rolling paper. Ord. 02-322 Ord. 14-310 Ord. 20-340

This subtitle does not apply to the distribution of a coupon that is:contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or sent through the mail. A person has not violated this subtitle if: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 the license or other identification identified the buyer or recipient as being at least 21 years old. A person has not violated this subtitle if:the person examined a buyer’s or recipient’s valid military identification; and the identification indicated that the buyer or recipient is:an active duty member of the military; and at least 18 years old. Ord. 02-322 Ord. 20-340

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. 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. Ord. 02-322

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. Ord. 02-322