§ 24-305. Distribution of electronic cigarettes to minors prohibited

   (a) Scope. -- This section does not apply to a tobacco product that is regulated under Title 16 of the Business Regulation Article.

(b) In general. --

   (1) Except as provided in paragraph (2) of this subsection, a person may not sell, distribute, or offer for sale to a minor an electronic device that can be used to deliver nicotine to the individual inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe.

   (2) This subsection does not apply to a nicotine device that contains or delivers nicotine intended for human consumption if the device has been approved by the United States Food and Drug Administration.

(c) Penalty. -- A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 for each violation.

(d) Defense. -- In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser's or recipient's driver's license or other valid identification issued by an employer, government unit, or institution of higher education that positively identified the purchaser or recipient as at least 18 years of age.

HISTORY: 2012, ch. 714.