Be aware of penalties for underage smoking.
Maryland State Law Article 10-107 makes it illegal for anyone to give or sell tobacco to a minor (anyone under 18 years of age).
This means . . .
- The distribution of tobacco to minors is prohibited.
- “Distribution” includes the selling, buying for, giving away or hiring people to buy, sell or give away tobacco to minors.
- Only the checking of a valid identification stating the purchaser is over 18 is a defense.
A violation of Article 10-107 results in a civil citation. A clerk or store owner may be cited for a single illegal sale. The fine is $300 for the first violation and $500 for any subsequent violation within a 24-month period from the previous citation. For more information, contact the Carroll County Community Tobacco Coalition - Carroll County Health Department - at 410-876-4443.
The following information was provided by Smoke-Free Maryland - a statewide coalition that successfully promoted the Maryland Clean Indoor Air Act of 2007:
Maryland 's Tobacco Sales to Youth Law -
What penalties can merchants receive for selling tobacco to a young person?
This law makes it illegal for merchants to distribute or sell tobacco to people under the age of 18. Owners, managers, and/or clerks may be cited by any uniformed police officer for tobacco sales to youth.
Fines range from up to $300 for the first offense to up to $3,000 for a third or subsequent offense during a 2 year period. In addition, minors working for tobacco retailers are allowed to handle tobacco only in the course of their job.
If a child purchases tobacco through a vending machine, the merchant in charge of that vending machine can be fined as indicated above.
If you see a merchant selling tobacco to a young person, call your local or State police to inform them. Also, please tell the owner/manager what you observed.
What happens to young people who possess or buy tobacco products?
It is illegal for anyone under the age of 18 to possess or use tobacco products. It is also it illegal to use a fake ID to obtain tobacco. If police cite a young person under Maryland 's Tobacco Sales to Youth Law, he/she may be:
- Referred to a smoking cessation clinic, or other suitable presentation of the hazards associated with tobacco use; OR
- Assigned to a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for a second or subsequent violation.
- If the child does not show-up at the clinic or supervised work program, the minor may be asked to appear in court. The judge could then:
- Counsel the child or the parent or both, or order the child to participate in a smoking cessation clinic, or other suitable presentation of the hazards associated with tobacco use; OR
- Impose a civil fine of not more than $25 for the first violation and a civil fine of not more than $100 for a second or subsequent violation; or
- Order the child to participate in a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for a second or subsequent violation.
For more information, visit:
The Attorney General’s Program to Reduce Youth Access to Tobacco
Campaign for Tobacco-Free Kids
Resources for Youth - Foundation for a Smokefree America