§ 10-108. Possession of tobacco product by minor; use of false identification

   (a) "Violation" defined. -- In this section, "violation" has the meaning stated in § 3-8A-01 of the Courts Article.

(b) Scope of section. -- This section does not apply to the possession of a tobacco product or cigarette rolling paper by a minor who is acting as the agent of the minor's employer within the scope of employment.

(c) Prohibited. -- A minor may not:

   (1) use or possess a tobacco product or cigarette rolling paper; or

   (2) obtain or attempt to obtain a tobacco product or cigarette rolling paper by using a form of identification that:

      (i) is falsified; or

      (ii) identifies an individual other than the minor.

(d) Penalty. --

   (1) A violation of this section is a civil offense.

   (2) A minor who violates this section is subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

(e) Citation. -- A law enforcement officer authorized to make arrests shall issue a citation to a minor if the law enforcement officer has probable cause to believe that the minor is committing or has committed a violation of this section.

HISTORY: An. Code 1957, art. 27, § 406; 2002, ch. 26, § 2; 2003, ch. 115.