Legislation Passed That Protects Public from Harmful Effects of Tobacco Use

Previously published in Maryland Medicine, Vol 25 Issue 1 – Tobacco use — and the harmful effects of vaping on young people in particular — was a critical issue in several substantial pieces of legislation faced by the General Assembly this year.

Senate Bill 1056 – the Tobacco Retail Modernization Act of 2024 was passed by the General Assembly and will become law upon Governor Moore’s signature. The main provisions of this bill will limit the sale of electronic smoking devices (ESD) to licensed vape shop vendors, meaning that such devices would no longer be widely available at locations such as convenience stores and gas stations. Additionally, the bill limits licensed vendors to sell only ESD and their component parts and accessories. In an effort to limit access to such products, the bill also prohibits the display of cigarettes, other tobacco products, or ESD, unless the products are behind the counter. The bill requires the Maryland Department of Health (MDH) or its designee to conduct at least one unannounced site inspection of a licensed retailer or vape shop vendors annually.

Also of note, the bill repeals the exception for active-duty members of the military who are at least eighteen years of age to buy cigarettes, other tobacco products, or ESD. This had been a long-standing exception to the age twenty-one requirement, which will now apply to everyone regardless of military status.

Relatedly, House Bill 42 – Public Health – Public Health Services and Protections – Revisions, an MDH departmental bill, also aligns State law with federal law prohibiting the sale of tobacco products to any individual younger than age twenty-one.

To further strengthen public protections from the harms of vaping, House Bill 238/Senate Bill 244: Public Health – Clean Indoor Air Act – Revisions, also an MDH departmental bill, was enacted. It expands the ban on smoking in indoor public areas and on mass transit systems under the Clean Indoor Air Act (CIAA) to include “vaping.” Signage that states “No Smoking or Vaping” must be conspicuously posted and maintained in each indoor area open to the public (including each public entrance to an indoor area) where smoking or vaping is prohibited under the CIAA.

Public health advocates also applauded a last-minute addition to the State’s budget package: a new $1.25 tax on each pack of cigarettes; increasing the sales tax on e-cigarettes and vapes from 12 percent to 20 percent; and for other tobacco products (not including cigars) raising the tax from 53 percent to 60 percent of the wholesale price. All combined, these measures will generate an additional $91 million in revenue to help the State fund educational expenses.