Effective on October 1, 2024, the Tobacco Retail Modernization Act of 2024 (SB1056) revises the age-verification process and placement of cigarettes, other tobacco products (OTP), and electronic smoking devices (ESD) for Maryland retailers.
What Retailers Need to Know:
- Cigarettes, ESDs, and OTPs must be located behind a counter in an area accessible only to store employees. Premium cigars and tobacconist retailers are exempted.
- Retailers must verify a purchaser’s age by conducting a direct face-to-face exchange and viewing a government-issued photo ID containing the individual’s date of birth. However, licensed retailers are not required to verify the age of an individual who appears to be at least 30 years old.
- The fee for retail cigarette, OTP, and ESD retailer licenses rose to $300 annually. The Maryland Department of Health (MDH) will receive the extra funding and distribute it to the counties for tobacco enforcement initiatives, except in Montgomery County, which directly receives the increased fees.
- MDH or county designee agencies must conduct compliance inspections at least once a year and a second inspection within 180 days if the retailer commits a violation. The list of businesses due for a mandatory inspection each year will be based on the list of licensed entities as of December 31 of the previous year.
- The bill allows designees of the MDH secretary to charge violations of § 24-305, and § 24-307 of the Health General Article, and also imposes mandatory license suspension consequences on license holders that are convicted of offenses related to selling tobacco products to individuals under 21.