Tobacco FAQs
How do I become a tobacco products (Cigarettes, Electronic Smoking Devices, and Other Tobacco Products) manufacturer, wholesaler, or retailer that operates in Maryland?
To become a licensed tobacco products manufacturer, wholesaler, or retailer in Maryland, you must apply for the appropriate licenses from the ATCC, depending on whether you’re involved in manufacturing, distributing, or wholesaling. To become a licensed retailer, you may apply with the Clerk of the Circuit Court in the jurisdiction where your business is located. Specific licenses are needed to sell cigarettes, Other Tobacco Products (OTP), or Electronic Smoking Devices.
Where can I view a list of tobacco products’ retail licenses?
Tobacco products’ retail licenses can be viewed in databases maintained by local jurisdictions.
Where can I view a list of tobacco products’ manufacturer or wholesaler licenses?
Tobacco products’ manufacturer or wholesaler licenses can be viewed in the ATCC License and Permit Database where licenses or other permits issued by the ATCC are searchable by type or by business name.
I am a Tobacco Vending Machine Operator. How do I get a tobacco vending machine sticker?
Vending Machine stickers are issued by the State Licensing Bureau of the Maryland Comptroller. For tobacco related vending machine stickers, contact the Field Enforcement Bureau at 410-260-7388. Stickers will be mailed to you after providing the required information, including your name, company name, and the number of vending machines you operate.
Who enforces Maryland’s cigarette and tobacco tax laws?
The ATCC’s Field Enforcement Bureau handles the primary enforcement of state laws governing tobacco products related businesses. Health and police agencies in each jurisdiction enforce laws related to underage tobacco access and use.
What is the current Maryland excise tax on cigarettes?
The current tax rate is $5.00 per pack of 20.
What is meant by the “Master Settlement Agreement”?
The Master Settlement Agreement (MSA) is a 1998 settlement between the tobacco industry and 46 states (including Maryland), as well as five U.S. territories. The agreement resolved numerous lawsuits related to the harm caused by tobacco products and required tobacco companies to make annual payments to the states while adhering to restrictions on advertising and marketing. The ATCC and the Office of the Attorney General are charged with enforcement of Maryland’s laws related to the Master Settlement Agreement.
How many cigarettes can a consumer bring into Maryland?
No more than five cartons per person for personal use. Importing more than five cartons requires appropriate licensing and payment of excise taxes. Transportation of cigarettes for commercial sale without payment of excise tax is a felony. See Tax General TG 12-104 and TG 13-1015.
Can I order cigarettes over the Internet?
No. It is illegal to purchase cigarettes over the Internet.
What is the minimum age to buy or possess cigarettes?
21 years of age. See Criminal Law, 10-107.
Is there an age limit for selling cigarettes?
No, provided that proper work permits are in place.
Why can’t I smoke or vape in my workplace, a public building, or at a restaurant?
Maryland’s Clean Indoor Air Act prohibits smoking or vaping inside of public facilities and businesses in Maryland. See Health General 24-504.
What are fire safe cigarettes?
All cigarettes manufactured or sold in Maryland must be tested and marked as Fire Safety Performance Standards Complaint Cigarettes, sometimes called “Fire Safe Cigarettes.” Manufacturers must certify that these cigarettes are designed to reduce the risk of fires if left unattended. See Business Regulation BR 16-602.
How do I file a complaint against a retailer?
Complaints against tobacco products’ retailers who violate State laws, such as selling to underage persons. Such complaints may be filed with the ATCC Tips, your local law enforcement agency, or your local health department.
What are common terms in the tobacco industry?
- OTP (Other Tobacco Products): Products other than cigarettes, like cigars, chewing tobacco, and snuff.
- Cigarette Excise Tax: A tax imposed on wholesalers when purchasing cigarette tax stamps.
- Tax Stamp: A stamp that must be affixed to cigarette packs to show that the excise tax has been paid.
Where can I find research data about the tobacco industry?
- Research data on the tobacco industry, including statistics on sales, taxes, and consumption trends, can be found through ATCC’s reports, as well as national sources like the Centers for Disease Control and Prevention (CDC) and the Tobacco Control Legal Consortium.
