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*sb0249*
SENATE BILL 249
C2 6lr1314
By: Senator Beidle
Introduced and read first time: January 16, 2026
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted
Read second time: February 12, 2026
CHAPTER ______
AN ACT concerning 1
Tobacco Product Licensees – Additional Licensure for Electronic Smoking 2
Devices 3
FOR the purpose of repealing a provision of law authorizing a person holding a certain 4
license relating to cigarettes or other tobacco products to manufacture, distribute, or 5
sell electronic smoking devices in the same capacity as a person holding a certain 6
license relating to electronic smoking devices; exempting the holder of a certain 7
license relating to cigarettes or other tobacco products who is an applicant for a 8
license to act as an electronic smoking devices retailer or vape shop vendor from the 9
requirement to pay an additional license fee for the license; and generally relating to 10
tobacco products and electronic smoking devices licensure. 11
BY repealing and reenacting, without amendments, 12
Article – Business Regulation 13
Section 16.7–101(a), (c) through (h), and (k) 14
Annotated Code of Maryland 15
(2024 Replacement Volume and 2025 Supplement) 16
(As enacted by Chapter 814 of the Acts of the General Assembly of 2017) 17
BY repealing and reenacting, with amendments, 18
Article – Business Regulation 19
Section 16.7–102 and 16.7–202(a) 20
Annotated Code of Maryland 21
(2024 Replacement Volume and 2025 Supplement) 22
2 SENATE BILL 249
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
16.7–101. 4
(a) In this title the following words have the meanings indicated. 5
(c) (1) “Electronic smoking device” means a device that can be used to deliver 6
aerosolized or vaporized nicotine to an individual inhaling from the device. 7
(2) “Electronic smoking device” includes: 8
(i) an electronic cigarette, an electronic cigar, an electronic cigarillo, 9
an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and 10
(ii) except as provided in paragraph (3) of this subsection, any 11
component, part, or accessory of such a device regardless of whether or not it is sold 12
separately, including any substance intended to be aerosolized or vaporized during use of 13
the device. 14
(3) “Electronic smoking device” does not include: 15
(i) a drug, device, or combination product authorized for sale by the 16
U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or 17
(ii) a battery or battery charger when sold separately. 18
(d) “Electronic smoking devices manufacturer” means a person that: 19
(1) manufactures, mixes, or otherwise produces electronic smoking devices 20
intended for sale in the State, including electronic smoking devices intended for sale in the 21
United States through an importer; and 22
(2) (i) sells electronic smoking devices to a consumer, if the consumer 23
purchases or orders the devices through the mail, a computer network, a telephonic 24
network, or another electronic network, a licensed electronic smoking devices wholesaler 25
distributor, or a licensed electronic smoking devices wholesaler importer in the State; 26
(ii) if the electronic smoking devices manufacturer also holds a 27
license to act as an electronic smoking devices retailer or a vape shop vendor, sells electronic 28
smoking devices in the same manner as a vape shop vendor to consumers located in the 29
State; or 30
SENATE BILL 249 3
(iii) unless otherwise pro hibited or restricted under local law, this 1
article, or the Criminal Law Article, distributes sample electronic smoking devices to a 2
licensed electronic smoking devices retailer or vape shop vendor. 3
(e) “Electronic smoking devices retailer” means a person that: 4
(1) sells electronic smoking devices to consumers; 5
(2) holds electronic smoking devices for sale to consumers; or 6
(3) unless otherwise prohibited or restricted under local law, this article, 7
the Criminal Law Article, or § 24 –305 of the Health – General Article, distributes sample 8
electronic smoking devices to consumers in the State. 9
(f) “Electronic smoking devices wholesaler distributor” means a person that: 10
(1) obtains at least 70% of its electronic smoking devices from a holder of 11
an electronic smoking devices manufacturer license under this subtitle or a business entity 12
located in the United States; and 13
(2) (i) holds electronic smoking devices for sale to another person for 14
resale; or 15
(ii) sells electronic smoking devices to another person for resale. 16
(g) “Electronic smoking devices wholesaler importer” means a person that: 17
(1) obtains at least 70% of its electronic smoking devices from a business 18
entity located in a foreign country; and 19
(2) (i) holds electronic smoking devices for sale to another person for 20
resale; or 21
(ii) sells electronic smoking devices to another person for resale. 22
(h) “Executive Director” means the Executive Director of the Alcohol, Tobacco, 23
and Cannabis Commission. 24
(k) “Vape shop vendor” means an electronic smoking devices business that sells 25
electronic smoking devices and related accessories to consumers on the premises of its place 26
of business. 27
16.7–102. 28
(a) The Executive Director may delegate any power or duty of the Executive 29
Director under this title. 30
4 SENATE BILL 249
(b) Any person licensed under Title 16 or Title 16.5 of this article, or an affiliate, 1
as defined under § 16 –402(c) of this article, of a person licensed under Title 16 of this 2
article[: 3
(1) is authorized to manufacture, distribut e, or sell electronic smoking 4
devices pursuant to this title in the same capacity as the person is licensed under Title 16 5
or Title 16.5 of this article; and 6
(2) may not be required to ] MUST obtain an additional license under this 7
title IN ORDER TO MANU FACTURE, DISTRIBUTE, OR SELL ELECTRONIC S MOKING 8
DEVICES UNDER THIS TITLE. 9
16.7–202. 10
(a) (1) An applicant for a license to act as an electronic smoking devices 11
manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking 12
devices wholesaler importer shall: 13
(i) obtain an appropriate county license by submitting an 14
application to the Executive Director on the form and containing the information that the 15
Executive Director requires; 16
(ii) indicate the licenses for which the applicant is applying; and 17
(iii) except as provided in paragraph (2) of this subsection, pay to the 18
Executive Director a fee of $25 for each license for which the applicant applies. 19
(2) An applicant for a license to act as an electronic smoking device s 20
wholesaler distributor or electronic smoking devices wholesaler importer shall pay to the 21
Executive Director a fee of $150. 22
(3) AN APPLICANT FOR A LI CENSE TO ACT AS AN E LECTRONIC 23
SMOKING DEVICES RETA ILER OR VAPE SHOP VE NDOR MAY NOT BE REQU IRED TO 24
PAY AN ADDITIONAL LICENSURE FEE IF THE APPLI CANT HOLDS A LICENSE ISSUED 25
UNDER: 26
(I) § 16–205(B) OF THIS ARTICLE; OR 27
(II) § 16.5–204(B) OF THIS ARTICLE. 28
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 16.7–102 29
of the Business Regulation A rticle as enacted by Section 1 of this Act, a person licensed 30
under Title 16 or Title 16.5 of the Business Regulation Article on September 30, 2026, may 31
manufacture, distribute, or sell electronic smoking devices under Title 16.7 of the Business 32
Regulation Article in the same capacity as the person is licensed under Title 16 or Title 33
16.5 of the Business Regulation Article until the expiration of the license. 34
SENATE BILL 249 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.