§ 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.

HISTORY: 2005, ch. 490.