Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
How does the state define an e-cigarette?
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 a component used in any maner of consumption of a product described in item (i) of this paragraph [and includes]…(ii) electronic smoking devices…”
Md. Code Ann., Bus. Reg. § 16-3A-01(c) (2021); Md. Code Ann., Crim. Law § 10-101(d) (2021); Md. Code Ann., Health Gen. § 13-1001(u) (2021); Md. Code Ann., Local Gov’t § 1-1201 (c) (2021)
Electronic smoking device means “a device, that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device [including] an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and …any component, part, or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device…[but not] a battery or battery charger when sold separately.”
Md. Code Ann., Bus. Reg. § 16.7-101(c) (2021)
Vaping liquid means “a liquid that: (1) consists of propyle glycol, vegetable glycerin or other similar substance; (2) may or may not contain natural or artificial flavors; (3) may or may not contain nicotine; and (4) converts vapor intended for inhalation when heated in an electronic device.”
Md. Code Ann., Bus. Reg. § 16.7-101(k) (2021)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Electronic smoking devices taxed at rate of 12% of the retail price.
Md. Code Ann., Tax Gen. § 11–104(j)(2) (2021) (effective June 1, 2021)
Vaping liquid sold in container of 5 ml or less is taxed at rate of 60% of the retail price.
Md. Code Ann., Tax Gen. § 11–104(j)(3) (2021) (effective June 1, 2021)
What regulations are in place for e-cigarette packaging?
What restrictions are in place for retail or youth access?
Sale/distribution of electronic smoking devices or coupons for electronic smoking devices to persons under age 21 years prohibited unless person is at least 18 years of age and an active duty member of the military.
Md. Code Ann., Health Gen. §§ 24-305(b); 307(b) (incl. coupons) (2021); Md. Code Ann., Crim. Law §§ 10-107(b)(2), (c)(1) (incl. coupons) (2021)
Sale of flavored electronic smoking devices prohibited, including disposable products (except tobacco and menthol flavor).
Field Enforcement Div. Bulletin TT-77 (Feb. 10, 2020)
Vending machine sales of electronic smoking devices prohibited unless located in establishment inaccessible to persons under age 21.
Md. Code Ann., Bus. Reg. § 16-3A-02 (2021)
Is a retail license or permit required to sell e-cigarettes?
What smoke-free restrictions exist for e-cigarette use?
Vaping prohibited on Maryland Area Regional Commuter (MARC) trains and at MDOT MTA-owned stations.
Md. Dept. of Trans., MARC Train Serv. Rider Guide (2020) (p. 27)
Maryland e-cigarette regulations as of March 15, 2021.