E-Cigarette Regulations - Maryland

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Md. Code Ann., Bus. Reg. § 16-3A-01(c) (2020);
Md. Code Ann., Crim. Law § 10-101(d) (2020);
Md. Code Ann., Health Gen. § 13-1001(u) (2020)


How does the state define an e-cigarette?

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.”
Md. Code Ann., Bus. Reg. § 16.7-101(c) (2020)

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) (2020)


Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?



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 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) (2020)Md. Code Ann., Crim. Law §§ 10-107(b)(2), (c)(1) (2020)

Sale of flavored electronic smoking devices prohibited, including disposable products (except tobacco and menthol flavor).
Field Enforcement Div. Bulletin TT-77 (Feb. 10, 2020)


Is a retail license or permit required to sell e-cigarettes?

Yes, license required for shipment, manufacture, distribution, import or sale of electronic smoking devices into or within State.
Md. Code Ann., Bus. Reg. §§ 16.7-201; 16.7-211(a); 16.7-213(a) (2020)


What smoke-free restrictions exist for e-cigarette use?



Maryland e-cigarette regulations as of September 15, 2020.

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