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Statutes Text

Article - Criminal Law




§10–108.

    (a)    A person who distributes products containing delta–8– or delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title 16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an individual under the age of 21 years.

    (b)    In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license, or other valid identification issued by a governmental unit, that positively identified the purchaser or recipient as being at least 21 years old.

    (c)    Any website owned, managed, or operated by a person who distributes or sells a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral age–screening mechanism that verifies that the user is at least 21 years old, including by using an age–gate, age–screen, or age–verification mechanism.

    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

        (1)    $300 for a first violation;

        (2)    $1,000 for a second violation occurring within 2 years after the first violation; and

        (3)    $3,000 for each subsequent violation occurring within 2 years after the preceding violation.



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