A licensee who purchases cigarettes at wholesale for the purpose of resale in Maryland at wholesale or retail as defined in the Maryland Cigarette Sales Below Cost Act, from a person not having a license as provided in Business Regulation Article, §16-210, Annotated Code of Maryland shall be deemed not to have had notice and knowledge the wholesaler was unlicensed, if:

1. A. The licensee making the purchase had no actual notice or knowledge that the wholesaler was not licensed;
2. B. The licensee making the purchase demanded and received from the unlicensed wholesaler an invoice with each purchase stating affirmatively that the wholesaler was currently licensed; and
3. C. The invoice shows the identification number of the license issued by the Executive Director.

Authority: Business Regulation Article, §§16-205(a) and 16-209(b); Commercial Law Article, §§11-501(e)(1)(ii), 11-502(a)(5), and 11-507; Annotated Code of Maryland

Effective date:

Transferred from COMAR 03.02.03 to COMAR 14.23.02 effective December 26, 2022 (49:26 Md. R. 1080)

Regulation .01B amended effective April 13, 2026 (53:7 Md. R. 328)