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

2. (b)

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

      1. (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
      2. (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. (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.

3. (c)

   1. (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:

      1. (i) subject to discipline by the Executive Director under § 16-210 of this subtitle; and
      2. (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. (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.

Added by Acts 2005, c. 490, § 1, eff. Oct. 1, 2005. Amended by Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.