Legal Opinion
(2002)
Maryland Attorney General Reports
Decided September 23, 2002Published
1Opinion of the Court
Dear Honorable Sheila E. Hixson
You have asked for our opinion whether a county ordinance concerning air quality could validly restrict the smoking of tobacco inside a private residence, or on the deck or porch of an apartment or townhouse, if a harmful or offensive quantity of the smoke "crossed property lines and offended neighbors."
In our opinion, this kind of legislation, although controversial, would be within the police power of a charter county, if it were designed to protect the public health or welfare. In addition, it would not be preempted by State or federal law, and would likely…
2Cases cited23 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- Kyllo v. United StatesSupreme Court of the United States · 2001
- Bowers v. HardwickSupreme Court of the United States · 1986
- Rowan v. United States Post Office DepartmentSupreme Court of the United States · 1970
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