Legal Opinion
(2008)
Maryland Attorney General Reports
Decided October 8, 2008Published
1Opinion of the Court
Dear Peter Franchot
You have asked our opinion whether a proposed Baltimore City regulation prohibiting the sale of cigars in packages of less than five would be preempted by State law.
In our opinion, the proposed regulation is not preempted by State law.
I
Background
Your request was prompted by a proposed Baltimore City Health Department regulation. Citing to his authority under the Baltimore City Health Code, 1 the Baltimore City Health Commissioner determined that cheap, individually sold cigars pose a public health hazard and nuisance. Pursuant to § 2-106 of the Baltimore City Health Code,…
2Cases cited3 opinions
- Allied Vending, Inc. v. City of BowieCourt of Appeals of Maryland · 1993
- Penn Advertising of Baltimore, Inc. v. Mayor of BaltimoreDistrict Court, D. Maryland · 1994
- Penn Advertising Of Baltimore, Inc. v. Mayor And City Council Of BaltimoreCourt of Appeals for the Fourth Circuit · 1996