No Tobacco Sales to Minors – under age 21

On December 20, 2019, the President signed legislation to amend the Federal Food, Drug and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years old. It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21; this includes those with active military identification.

Retailers are an important part of local communities. They provide goods and services to residents of all ages. Licensed tobacco retailers are uniquely positioned to act responsibly and help reduce and eliminate underage access to tobacco products in Harford County and Maryland.

EFFECTIVE OCTOBER 1, 2019 – It is against the law to sell ANY tobacco product, including electronic smoking devices (e-cigarettes, vapes, pod-based devices such as JUUL and their e-liquids, and component parts and accessories) to anyone under the age of 21. To comply with federal and Maryland laws, retailers and clerks must:

1. Post an age of sale sign (compliant with the new law).
2. Use a driver’s license or government-issued ID to verify customer age.
3. Train all staff on tobacco sales procedures and policies to:
   • Ask for valid photo ID from everyone under 27. (An employer or school ID is not permitted).
   • Check to make sure everyone is at least 21.
   • Refuse to sell tobacco and e-cigarette products to everyone under 21.

A Tobacco Retailer is responsible for paying the civil penalty issued to store clerks when they have sold tobacco products or an Electronic Smoking Device (ESD) to an individual under the age of 21 years old.

Maryland House Bill (HB) 169, Tobacco 21, specifies that if a person acting on behalf of a retailer violates specified prohibitions against the sale or distribution of tobacco products or ESDs, the retailer must pay the civil penalty.