Dear License Holders and Stakeholders,
On Thursday, October 1, 2026, SB249 (Ch. 415) Tobacco Product Licensees - Additional Licensure for Electronic Smoking Devices will go into effect. This announcement is to inform licensees and stakeholders so that they are aware of this new law and what next steps to take.
What It Does
- Requires businesses that manufacture, distribute, or sell Electronic Smoking Devices (ESD) to have an ESD license. A Cigarette or Other Tobacco Products (OTP) License on its own does not authorize an individual to sell ESDs.
- Applicants are not required to pay an additional fee for an ESD retailer or vape shop vendor license, if they already hold a Cigarette retailer or OTP retailer license.
NOTE: This law allows cigarette or OTP license holders who are licensed as of September 30, 2026 to continue manufacturing, distributing, or selling ESDs without obtaining an ESD license until the expiration of their current cigarette or OTP license. These license holders will need to apply for an ESD license that becomes effective on or before May 1, 2027.
What Products Are Covered
Electronic Smoking Devices (also known as ESDs, ENDS, e-cigarettes, or vapes) are defined in Maryland Code Annotated, Business Regulations Article, § 16.7-101(c).
MD Code, BR§ 16.7-101(c)
(1) “Electronic smoking device” means a device that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device.
(2) “Electronic smoking device” includes:
(i) an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and
(ii) except as provided in paragraph (3) of this subsection, any component, part, or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device.
(3) “Electronic smoking device” does not include:
(i) a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or
(ii) a battery or battery charger when sold separately.
How to Apply as an ESD Manufacturer or Wholesale Distributor
Tobacco Manufacturers and Distributors who require an ESD license will do so by applying with the ATCC via the Maryland OneStop portal, using the General Tobacco License application form:
If you have any questions please contact the ATCC at 443-300-6990 or email atcc.licensing@maryland.gov.
How to Apple as an ESD Retailer
Please be aware that the ATCC issues state licenses for manufacturers and distributors but DOES NOT issue licenses for tobacco retailers. ESD Retailer licenses are issued by the Clerk of the Court in each Maryland County alongside other forms of trader licenses.
Retailers who need to obtain this new ESD/vape shop vendor licensure should contact the Clerk of the Court's office at the county Circuit Court where the retail store is located. To find the contact information of your county clerk office see here:
Retailer Resources
The Center for Tobacco Prevention and Control (CTPC) at the Maryland Department of Health offers support to retailers through the "No Tobacco Sales to Minors" initiative to educate tobacco retailers on tobacco-related sales regulations, announcing relevant law updates, providing downloadable signage, ID checking resources, and linkage to retail staff training materials to prevent underage youth access to tobacco products as well as avoid penalties and fines. See here:
Thank you,
The Maryland Alcohol, Tobacco, and Cannabis Commission
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