The rise in youth vaping has prompted lawmakers across the country to crack down on underage access to vape products. In Maryland, selling e-cigarettes, vape pens, or nicotine cartridges to anyone under 21 is not just bad business—it’s a crime. Whether you’re a store owner, clerk, or individual seller, it’s important to understand what’s at stake if you’re caught selling vape products to minors.
What Does the Law Say?
Under Maryland law, specifically Criminal Law § 10–107 and Business Regulation § 16.9, it is illegal to sell, distribute, or offer for sale any tobacco or vape product to individuals under the age of 21. This law applies to all retail environments, including convenience stores, gas stations, vape shops, and online sellers shipping to Maryland addresses.
The law was strengthened in October 2019, when Maryland aligned with federal legislation and raised the legal purchasing age for tobacco and vape products from 18 to 21, with no exemption for military personnel.
Penalties for Selling Vape Products to Minors
If you’re caught violating Maryland’s age restriction law for vape sales, you face the following penalties:
For Individuals or Businesses:
- First Offense: Misdemeanor, fine up to $300
- Second Offense (within 2 years): Fine up to $1,000
- Third or Subsequent Offense (within 2 years): Fine up to $3,000
In addition to monetary fines, businesses could face administrative penalties, such as suspension or revocation of their license to sell tobacco products by the Maryland Comptroller. In some cases, enforcement agencies may conduct compliance checks using undercover minors to catch violators in the act.
For Store Employees or Clerks:
Employees who personally sell to a minor may be individually cited, fined, or prosecuted depending on the circumstances. While most first offenses are handled as civil violations, repeat or willful violations could lead to criminal charges.
Fake IDs and Possession by Minors
Minors who attempt to purchase vape products using a fake ID could also face charges for misrepresentation of age or possession of tobacco products. Penalties for minors can include fines, community service, and even license suspension for repeat offenders.
How to Stay Compliant
If you own or manage a business that sells vape or tobacco products in Maryland, you are expected to:
- Check ID for anyone who appears under 30
- Train employees regularly on age verification procedures
- Display signage at the point of sale stating the minimum age is 21
- Maintain up-to-date compliance with state and federal laws
Even a single violation can be costly—both financially and to your reputation.
What to Do If You’re Charged
If you’re being investigated or charged for selling vape products to a minor, it’s essential to take the situation seriously. A conviction—even for a first offense—can lead to fines, criminal records, or business penalties that affect your future.
At Southern Maryland Criminal Defense, we help business owners, store clerks, and individuals fight back against criminal charges. We understand how these cases are investigated and prosecuted and can build a defense that protects your record and your livelihood.
Charged with selling vape products to a minor? Get help now.
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