MarylandCan You Vape in Maryland? The Short Answer
Yes, but Maryland has layered restrictions that make it one of the more regulated mid-Atlantic states. Here's what you need to know:
- 21+ age requirement - No exceptions for military personnel
- Statewide indoor vaping ban - Clean Indoor Air Act updated in 2024 to cover e-cigarettes
- 25-foot buffer zone - No vaping within 25 feet of doorways, windows, or air intake vents
- Flavored disposables and pods restricted - Only tobacco and menthol flavors allowed
- Montgomery County bans all flavors except tobacco - Including menthol
- 60% tax on small vape liquid containers - Containers 5 mL or less taxed at 60% of retail price
- 20% tax on devices and larger liquid containers - Increased from 12% in July 2024
- $300 annual retail license fee - Raised from $25 under the 2024 Tobacco Retail Modernization Act
Maryland sits between some of the most and least restrictive states in the region. It's stricter than Virginia on indoor vaping but less restrictive than New Jersey on flavors. For a broader look at restrictive states, see our guide on states banning vapes.
Maryland's Vaping Laws: How the Rules Work
Maryland regulates vaping through a combination of tobacco control statutes, tax law, the Clean Indoor Air Act, and the 2024 Tobacco Retail Modernization Act. The state treats electronic smoking devices (ESDs) as tobacco products across the board.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Maryland Tobacco 21 Law | 2019 | Raised purchase age to 21 (effective October 1, 2019) |
| Flavored ESD restrictions | 2020 | Banned flavored cartridge-based and disposable e-cigarettes (except tobacco and menthol) |
| Clean Indoor Air Act amendment | 2024 | Added electronic smoking devices to statewide indoor smoking ban |
| Senate Bill 362 (Budget Reconciliation Act) | 2024 | Increased ESD tax rates effective July 1, 2024 |
| Tobacco Retail Modernization Act (HB 1180) | 2024 | Increased license fees, strengthened penalties, product placement requirements |
Regulatory Bodies
- Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC) - Licensing, field enforcement, compliance inspections
- Maryland Comptroller's Office - Tax collection and administration for electronic smoking devices
- Maryland Department of Health - Clean Indoor Air Act enforcement, tobacco retailer program, public health oversight
- Local health departments - County-level enforcement of indoor vaping bans and retailer compliance
- FDA - Federal compliance inspections
Timeline
| Date | Change |
|---|---|
| October 1, 2019 | Minimum purchase age raised to 21 |
| 2020 | Flavored cartridge-based and disposable e-cigarettes restricted (tobacco and menthol only) |
| July 1, 2024 | ESD tax rates increased (devices from 12% to 20%, small containers to 60%) |
| July 1, 2024 | Clean Indoor Air Act amended to include vaping |
| October 1, 2024 | Tobacco Retail Modernization Act takes effect ($300 license fees, product placement rules) |
What's Legal vs. Illegal
Legal:
- Tobacco-flavored and menthol-flavored pods, cartridges, and disposables
- Open-system e-liquids in all flavors (sold at licensed vape shops)
- All vaping hardware (devices, mods, tanks, coils, accessories)
- Purchasing at age 21+ from a licensed retailer
Illegal:
- Selling flavored disposable or cartridge-based e-cigarettes (except tobacco and menthol)
- Selling any vaping product to anyone under 21
- Vaping indoors in any public place or workplace
- Vaping within 25 feet of entrances, exits, windows, or ventilation intakes
- Selling without a valid retailer license
- Selling vaping products through vending machines (unless in 21+ establishments)
Notable Local Regulations
Maryland's local jurisdictions can and do enforce rules that go beyond state law. If you're traveling through different counties, the rules may change.
Montgomery County
Montgomery County has the strictest vaping regulations in Maryland:
- All flavored e-cigarettes banned under Bill 32-19, including menthol (only tobacco flavor allowed)
- Distribution restrictions near schools, libraries, parks, playgrounds, and recreation facilities
- Additional enforcement by county health officials
If you're visiting Bethesda, Silver Spring, Rockville, or anywhere else in Montgomery County, you won't find menthol or flavored vaping products for sale.
Baltimore City
Baltimore City follows state law but has additional measures in the works:
- Zoning proposals would designate "smoke shops" as a standalone land-use category
- Distance buffers proposed for new shops near schools, parks, and recreation centers
- Signage restrictions limiting exterior advertising brightness
- Baltimore City Council has been actively pursuing regulations to limit the number and placement of vape shops
Prince George's County and Other DC-Adjacent Areas
Prince George's County and other jurisdictions near Washington, DC follow state law. Vapers crossing between Maryland and DC should note that Washington, DC has its own separate vaping regulations. Maryland's indoor ban applies the moment you cross back into the state.
What Can You Buy in Maryland?
Available Products
Devices:
- Pod systems (JUUL, Vuse, NJOY, and others)
- Box mod kits (all brands)
- Refillable pod systems and all-in-one devices
- Rebuildable atomizers
- Disposable vapes (tobacco and menthol flavors only)
E-Liquids:
- Open-system e-liquids in all flavors at licensed vape shops
- Freebase nicotine (all strengths)
- Nicotine salt (all strengths)
- All bottle sizes
- Tobacco and menthol pre-filled pods and cartridges
What you will NOT find in general retail:
- Flavored disposable vapes (other than tobacco and menthol)
- Flavored pre-filled pods and cartridges (other than tobacco and menthol)
- In Montgomery County: any flavor other than tobacco
Expected Prices
Maryland's steep taxes push prices higher than many neighboring states:
| Product | Price Range |
|---|---|
| Disposable vape (tobacco/menthol) | $14-$24 |
| Refillable pod system | $30-$50 |
| Box mod kit | $50-$90 |
| 30mL e-liquid | $18-$28 |
| 100mL e-liquid | $22-$35 |
| Nicotine salt 30mL | $18-$28 |
| Pre-filled pods (2-pack) | $22-$34 |
| Replacement coils (5-pack) | $13-$19 |
Prices are noticeably higher than Virginia and comparable to or slightly above Pennsylvania due to the percentage-based tax structure.
Where Can You Vape in Maryland?
Statewide Indoor Ban
Maryland's Clean Indoor Air Act, amended in 2024 to include electronic smoking devices, prohibits vaping in virtually all indoor public spaces and workplaces. This is a broad ban.
Vaping is prohibited in:
- All indoor workplaces
- Restaurants and bars
- Retail stores and shopping centers
- Public meeting places
- Public vehicles (buses, trains, transit stations)
- Hotels and motels (common areas; limited exceptions for designated smoking/vaping rooms, up to 40% of rooms in some jurisdictions)
- Healthcare facilities and hospitals
- Childcare facilities
- Schools and universities
- Government buildings
The 25-Foot Rule
Maryland law prohibits vaping within 25 feet of entrances, exits, windows that open, and ventilation intakes of any indoor area where vaping is prohibited. This is one of the larger buffer zones among states with indoor bans.
Signage Requirements
All businesses with indoor areas accessible to the public must display "no smoking or vaping" signs where they are easily visible. If you see the sign, the ban is in effect.
Where You CAN Vape
- Private residences (check your lease if renting)
- Private vehicles
- Outdoors more than 25 feet from building entrances and ventilation
- Designated hotel rooms where applicable
- Private outdoor property
Penalties for Violating Maryland's Vaping Laws
Clean Indoor Air Act Violations
| Offense | Penalty |
|---|---|
| 1st violation | Written reprimand |
| 2nd violation | $100 civil penalty |
| 3rd violation | $500 fine |
| Each subsequent violation | $1,000 per violation |
Retailer Penalties for Selling to Minors (Under 21)
| Offense | Penalty |
|---|---|
| 1st violation | $500 fine |
| 2nd violation (within 2 years) | Up to $3,000 fine and/or 180-day license suspension |
| Subsequent violations | License revocation |
| Criminal penalties | Up to $1,000 fine and 90 days imprisonment per day of violation |
License-Related Penalties (Tobacco Retail Modernization Act)
| Violation | Consequence |
|---|---|
| 2nd conviction | License suspension up to 90 days |
| 3rd conviction | License suspension up to 180 days |
| Further convictions | License revocation |
| Selling without a license | Subject to criminal penalties and fines up to $10,000 |
Product Placement Violations
Under the 2024 Tobacco Retail Modernization Act, retailers must keep all cigarettes, tobacco products (excluding premium cigars), and electronic smoking devices behind the counter in areas accessible only to licensed retailers and employees. Failure to comply can result in fines and license action.
Taxes Explained
Maryland's vaping taxes are percentage-based rather than per-mL, and the rates vary by product type and container size.
Current Tax Rates (Effective July 1, 2024)
| Product | Tax Rate | Previous Rate |
|---|---|---|
| Vaping liquid (containers 5 mL or less) | 60% of retail sales price | Not separately classified |
| Electronic smoking devices (hardware) | 20% of retail sales price | 12% |
| Vaping liquid (containers over 5 mL) | 20% of retail sales price | 12% |
| Standard Maryland sales tax | 6% | 6% |
How the Tax Works in Practice
The 60% rate on small containers hits pre-filled pods and small disposables the hardest. A pack of pods retailing at $20 before tax would carry $12 in vapor tax alone, plus $1.20 in standard sales tax, bringing the total to roughly $33.20.
For larger bottles, the 20% rate is more manageable. A 100mL bottle of e-liquid retailing at $25 before tax would carry $5 in vapor tax plus $1.50 in standard sales tax, totaling roughly $31.50.
Retail Licensing Costs
| Requirement | Cost |
|---|---|
| Retail cigarette, OTP, and ESD license | $300 annually (raised from $25 in 2024) |
| License renewal | Annually (expires April 30) |
The increased licensing fee was part of the 2024 Tobacco Retail Modernization Act, with additional revenue directed to county tobacco enforcement programs.
Online Purchasing
Current Status
Online vape sales to Maryland addresses are extremely limited:
- USPS banned shipping of vaping products under the Preventing Online Sales of E-Cigarettes to Children Act
- FedEx and UPS both stopped shipping vape products in 2021
- PACT Act requires registration, tax collection, and age verification for any online sellers
- Maryland flavor restrictions apply to shipped products
- Face-to-face requirements exist in nearly half of Maryland's jurisdictions, meaning many local laws require in-person transactions for tobacco product sales
Most vapers in Maryland purchase from licensed brick-and-mortar retailers.
Maryland vs. Neighboring States
| Feature | Maryland | Virginia | Pennsylvania | New Jersey |
|---|---|---|---|---|
| Flavor Restrictions | Tobacco + menthol only (pods/disposables) | De facto (directory enjoined) | No statewide ban | Tobacco only (all flavors banned) |
| Menthol Allowed | Yes (except Montgomery Co.) | Yes | Yes | No |
| Indoor Vaping Ban | Yes (statewide) | No statewide ban | No statewide ban | Yes (statewide) |
| Vape Tax | 60% retail (small) / 20% retail (large) | $0.11/mL | 40% wholesale | $0.30/mL + 30% retail |
| Age | 21 | 21 | 21 | 21 |
| Military Exception | No | Yes (18+) | Yes (18+) | No |
| Online Sales | Very limited | Banned | Very difficult | Nearly impossible |
| License Fee | $300/year | $400 application | Varies | Varies |
Maryland falls in the middle of the pack among its neighbors. It's stricter than Virginia (which has no indoor ban) and Pennsylvania (which has no statewide indoor ban or flavor restrictions) but less restrictive than New Jersey (which bans all flavors including menthol and has even steeper taxes).
Nicotine Alternatives
When you can't vape (indoors at restaurants, bars, workplaces, or within the 25-foot buffer zone), these alternatives are available in Maryland:
- Nicotine pouches (ZYN, Rogue, On!) - Available at most convenience stores and gas stations
- Nicotine gum - Widely available at pharmacies and grocery stores
- Nicotine lozenges - Discreet option for any setting
- Nicotine patches - Long-lasting, no visible use
These products are subject to Maryland's tobacco tax but face fewer usage restrictions than electronic smoking devices.
Maryland Vaping Laws: Key Takeaways
- Statewide indoor vaping ban - Maryland's Clean Indoor Air Act was amended in 2024 to prohibit vaping in all indoor public places and workplaces, with no casino or bar exceptions
- 25-foot buffer zone - You cannot vape within 25 feet of entrances, exits, windows, or ventilation intakes of any smoke-free building
- Flavored pods and disposables restricted - Only tobacco and menthol flavors allowed for cartridge-based and disposable e-cigarettes statewide
- Montgomery County bans menthol too - Only tobacco-flavored e-cigarettes are legal in Montgomery County
- 60% tax on small vape containers - Containers of 5 mL or less are taxed at 60% of retail price, one of the highest rates in the country
- 20% tax on devices and larger containers - Raised from 12% effective July 1, 2024
- 21+ with no military exception - Unlike Virginia and Pennsylvania, Maryland doesn't exempt active duty military personnel
- $300 annual license fee - The 2024 Tobacco Retail Modernization Act raised retailer license fees from $25 to $300 and added product placement requirements
- Open-system e-liquids less restricted - All flavors of bottled e-liquid remain available at licensed vape shops, unlike pods and disposables
- Active enforcement expanding - The ATCC and local health departments conduct compliance checks, and penalties escalate quickly from written warnings to license revocation
References
- Maryland Clean Indoor Air Act - Maryland Department of Health
- Maryland ATCC - Tobacco Retail Modernization Act
If you're flying into Baltimore-Washington International (BWI), check our guide on traveling with your vape for airport rules and packing tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.