Section 16-223 - Direct sales and shipping of cigarettes ordered by mail or other means. - Maryland Statutes

§ 16-223. Direct sales and shipping of cigarettes ordered by mail or other means.
 

(a)  Applicability of section.- This section applies to a person who is engaged in the business of selling or distributing cigarettes. 

(b)  Prohibition.-  

(1) Except as provided in paragraph (2) of this subsection, a person covered under this section may not: 

(i) sell or ship cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, directly to a consumer or other unlicensed recipient in this State; or 

(ii) cause cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, to be shipped directly to a consumer or other unlicensed recipient in this State. 

(2) A licensed retailer may deliver no more than two cartons of cigarettes directly to a consumer if the delivery is made by the licensed retailer or an employee of the licensed retailer. 

(c)  Penalty.-  

(1) A licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is: 

(i) subject to discipline by the Comptroller under § 16-210 of this subtitle; and 

(ii) guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both. 

(2) A person other than a licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both. 
 

[2005, ch. 490.]