Section 11-5A-02 – Prohibitions
(a) This section does not apply to an individual who produces unpackaged cigarettes for the individual’s consumption by using: (1) A mechanical rolling machine; or (2) A hand rolling device or procedure. (b) Notwithstanding any other provision of law, a retailer or vending machine operator may not purchase from a tobacco product manufacturer or sell, resell, distribute, dispense, or […]
Section 11-5A-03 – Enforcement
(a) The State Comptroller shall enforce this subtitle. (b) The State Comptroller shall: (1) Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and (2) Adopt reasonable regulations necessary to effectuate and enforce the provisions of this subtitle.
Section 11-601 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Container” means a liquefied petroleum gas container. (c) “Liquefied petroleum gas” means any material which is composed predominately of any of the following hydrocarbons or mixtures of them: (1) Propane; (2) Propylene; (3) Normal butane; (4) Isobutane; or (5) Butylenes. (d) “Mark” includes any name, initial, or other device. (e) “Marked container” means […]
Section 11-602 – Subtitle Not to Apply to Certain Containers
This subtitle does not apply to any container which has a total capacity of five gallons or less.
Section 11-603 – Unlawful Use of Containers
Unless he is authorized by the owner in writing, a person other than the owner of a container may not: (1) Fill or refill a marked container with liquefied petroleum gas or any other gas or compound; (2) Buy, sell, offer for sale, give, take, loan, deliver, permit to be delivered, or otherwise use, dispose of, or […]
Section 11-604 – Presumptive Evidence of Unlawful Use
Unless taken with the written consent of the owner, each of the following actions by any person, other than the person whose mark is on the container, is presumptive evidence of a violation of this subtitle: (1) Use of a marked container; (2) Possession of a marked container; or (3) Purchase of a marked container for: (i) The sale […]
Section 11-605 – Issuance of Warrant; Return of Property Unlawfully Taken
(a) If the owner of a marked container, his officer, or authorized agent who has personal knowledge of the facts makes oath in writing before any court of competent jurisdiction that he believes that a person has violated any provision of this subtitle with respect to the container, the court, if satisfied that there is reasonable […]
Section 11-503 – Special Cost Provisions
(a) In a wholesale sale of cigarettes, the presumptive wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle may be reduced by 2 cents for each carton of 200 cigarettes, if: (1) The cigarettes are not delivered unless their full price is received by the wholesaler at or before delivery; and (2) The purchaser […]
Section 11-606 – Penalty
Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300 or imprisonment not exceeding 90 days or both.
Section 11-504 – Sale or Purchase at Less Than Cost Prohibited
(a) A retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not make a retail sale of cigarettes or a wholesale sale of cigarettes at less than the cost to the retailer or the cost to the wholesaler, respectively. (b) A retailer may not purchase cigarettes from a wholesaler […]