Unlawful Distribution

Baltimore City Code div. Health Code, tit. 12, subtit. 5

in effect

Baltimore City Code, Health Code, § 12-501 Definitions.

§ 12-501. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Distribute. “Distribute” means to: (1) give away, sell, deliver, dispense, or issue; (2) offer to give away, sell, deliver, dispense, or issue; or (3) cause or hire any person to: (i) give away, sell, deliver, dispense, or issue; or (ii) offer to give away, sell, deliver, dispense, or issue. (c) Tobacco product. “Tobacco product” has the meaning stated in State Health-General Article, § 13-1001 {“Definitions: Tobacco Product”}. (Ord. 20-340; Ord. 14-310; Ord. 02-322.)

Baltimore City Code, Health Code, § 12-502 Unlawful distribution.

§ 12-502. Unlawful distribution. (a) Persons in business. A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not: (1) distribute any tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of an employer engaged in the business of distributing those products or devices; (2) distribute any cigarette rolling paper to an individual under the age of 21 years; or (3) distribute to an individual under the age of 21 years any coupon redeemable for any tobacco product. (b) Others. A person not described in subsection (a) of this section may not: (1) buy for or sell to an individual under the age of 21 years any tobacco product; or (2) buy for or sell or deliver to an individual under the age of 21 years any cigarette rolling paper. (Ord. 20-340; Ord. 14-310; Ord. 02-322.)

Baltimore City Code, Health Code, § 12-503 Exceptions.

§ 12-503. Exceptions. (a) Published coupon. This subtitle does not apply to the distribution of a coupon that is: (1) contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or (2) sent through the mail. (b) Identification of age. A person has not violated this subtitle if: (1) the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and (2) the license or other identification identified the buyer or recipient as being at least 21 years old. (c) Active duty military. A person has not violated this subtitle if: (1) the person examined a buyer’s or recipient’s valid military identification; and (2) the identification indicated that the buyer or recipient is: (i) an active duty member of the military; and (ii) at least 18 years old. (Ord. 20-340; Ord. 02-322.)

Baltimore City Code, Health Code, §§ 12-504 to 12-505 {Reserved}

Baltimore City Code, Health Code, § 12-506 Enforcement by citation.

§ 12-506. Enforcement by citation. (a) In general. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) Process not exclusive. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (Ord. 02-322.)

Baltimore City Code, Health Code, § 12-507 Penalties: $1,000.

§ 12-507. Penalties: $1,000. Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (Ord. 02-322.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/12/5Fetched: 10/25/2026