Vaping has become a popular alternative to traditional smoking in recent years, and many states have begun to take notice. Maryland is no exception, as the state has recently enacted laws regulating the use of e-cigarettes and other vaping products.

In this article, we will explore the legal landscape of vaping in Maryland, including what constitutes an e-cigarette under current law, taxation requirements for vape supplies, restrictions on minors using them, and more.

Although it may seem like a daunting task at first glance, understanding these regulations is essential for responsible vaping in the great state of Maryland. By reading through this article carefully and taking its lessons to heart, you can provide yourself with peace of mind when it comes time to puff away responsibly.

Key Takeaways

• Vaping is considered an alternative to traditional smoking in Maryland.
• Maryland laws define e-cigarettes as tobacco products, subjecting them to all applicable laws.
• The minimum age to purchase nicotine products, including e-cigarettes, in Maryland is 21.
• Vaping is prohibited in areas where smoking is illegal, and local jurisdictions may have additional regulations.

Is Vaping Legal In Maryland?

Maryland statutes define ‘Tobacco Products’ as including e-cigarettes, making their use subject to all applicable laws in the state. This means that the possession, distribution, and sale of vaping products and Electronic Smoking Devices (ESD) is legally permissible in Maryland. According to Davis Dereck of CBS News, individuals must be at least 21 years old to purchase nicotine products such as vape pens and related items from a vape shop or any other electronic device retailer.

Despite being legal in Maryland, there are restrictions on where vaping can take place due to public health concerns. Vaping is prohibited in areas where smoking cigarettes is also illegal – for example: indoor public spaces, schools, parks and playgrounds.

However, it is important to note that local jurisdictions may have additional regulations regarding the use of vaporizers or other electronic devices. As such, it is important for individuals who plan to vape in Maryland to familiarize themselves with local laws before doing so.

Is There A Special Tax Placed For E-Cigarettes?

The state of Maryland has placed an excise or special tax on electronic smoking devices and vaping liquid sold in containers of 5ml or less. The Maryland Comptroller’s Office imposes a 75% wholesale tax on the sale of these products, which is based on the cost of the product prior to any applicable sales taxes.

This tax applies to all e-cigarettes, regardless of nicotine content and flavored e-cigarettes. The revenue generated by this tax is used to fund public health initiatives related to electronic cigarettes and school student health initiatives.

Additionally, some local governments in Maryland have passed ordinances that place additional restrictions on the sale and use of electronic cigarettes in various establishments. These regulations are aimed at reducing access for minors and ensuring that individuals are aware of the potential health risks associated with using these products.

How Does Maryland Define An E-Cigarette?

What is the state’s definition of an e-cigarette?

According to Maryland statutes, an e-cigarette falls under the umbrella term of a “tobacco product.”

More specifically, it is defined as an “electronic smoking device,” which includes any device that emits vapor and is intended for human inhalation.

This definition also applies to disposable products that contain nicotine or other substances and are intended for human inhalation.

Vaping liquids, such as those used in vaping devices, are also considered part of this definition.

The Center for Tobacco Prevention and Control Policy has noted that while the vaping industry provides a potential alternative to smoking traditional cigarettes, there are still public health concerns associated with these products due to their use by minors and potential negative impacts on lung health from long-term use.

As such, the age of sale for e-cigarettes has been set at 21 years old in order to reduce access among underage individuals.

Civil citations can be issued at the federal level if someone sells tobacco products to minors under 21 years old.

Marylan’s Current Vaping Laws

Maryland’s vaping laws have been a topic of discussion for some time, particularly since the passing of Senate Bill 259 in 2019. This bill places restrictions on certain e-cigarette products and devices that fall within the definition provided by Maryland state law.

In this section, we will discuss what those restrictions are and how they affect vaping in the state of Maryland. It is important to note that SB 259 has become an important part of understanding the current legal landscape regarding e-cigarettes in Maryland.

Maryland SB 259

SB 259, a proposed flavor ban in Maryland, seeks to restrict the sale of flavored tobacco and nicotine products throughout the state. The focus of the ban is to reduce smoking rates among minors.

It would prohibit any county or municipality from passing laws that are not as restrictive as SB 259 and also penalize retailers who fail to comply with existing age-of-sale sign regulations set by the MD Code Ann., R I Code R.

Montgomery County, Baltimore County, and City Councils of Northern School District have already adopted an age-of-sale sign regulation that has been approved by local health officials at their respective health departments.

Additionally, Del Dereck Davis introduced a bill in 2020 that would increase fines for stores caught selling tobacco products to minors from $250 – $1,000 for owner operated businesses and up to $2,500 for tribal businesses according to NBC News.

Compliance with these regulations is key in ensuring that youth are unable to purchase flavored tobacco products.

Vaping Restrictions For Minor

In Maryland, the sale and distribution of electronic smoking devices to minors under the age of 21 is prohibited. This includes flavored electronic smoking devices, including disposable products, and vending machine sales.

Furthermore, a retail license is required for the shipment, manufacture, distribution, import or sale of e-cigarettes. To ensure compliance with these restrictions, retailers must check government-issued ID to verify that customers are at least 21 years old prior to purchase.

The Tobacco Free Kids organization has advocated for stricter regulations on e-cigarette use among minors in Howard County Council as well as restaurants in Preston County.

Suffolk county also requires retailers to obtain special permits before selling any e-cigarette related items such as disposable devices or shops dedicated solely to vaping supplies.

These measures help protect youth from accessing potentially harmful products while allowing adults over the age of 21 access to these products if desired.

Is A Permit Required To Sell Vapes?

Transitioning from the previous subtopic of vaping restrictions for minors, this discussion will now focus on whether a permit is needed to sell vapes in Maryland.

In order to legally sell e-cigarettes in Maryland, retailers must obtain a permit or license issued by the Comptroller’s Office of the State Tax and Licensing Division. The exact regulations depend on the county that the retailer resides in but generally includes applying for an Establishment License Application, which can be found on their website.

Furthermore, flavored e-liquid cannot be sold within Baltimore County, Morgan County or Webster County while Berkeley County also has restrictions on when flavored products may be sold.

Additionally, Brooke County requires special licenses for stores that sell e-cigarette products and Calhoun County, Dane County, Grant County, and Hampshire Counties have additional restrictions such as not allowing any sales of electronic smoking devices to minors under 18 years old.

Therefore it is important to familiarize oneself with all relevant state laws before engaging in any purchasing or selling activities related to e-cigarettes in Maryland.

Conclusion

The overall result of Maryland’s current vaping laws is that the activity is legal, albeit regulated.

While certain restrictions are placed on vaping for minors, adults are able to legally purchase and use e-cigarettes without the requirement of a permit.

It is ironic that despite the fact that e-cigarette use can be hazardous to one’s health, it remains largely unregulated in Maryland.

However, as awareness increases surrounding the potential risks associated with vaping, further legislation may be implemented in order to protect consumers from themselves.