Bill Summary – FastDemocracy

SB 499
                      Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                                 Third Reader
Senate Bill 499                 (Senator Lam)
Finance                                                Health and Government Operations
       Prohibition on Vending Machine Sales of Drugs and Medicines - Repeal
This bill repeals the prohibition on the sale, distribution, or disposal of drugs, medicines,
pharmaceutical preparations, or medicinal preparations by means of a vending machine or
similar device. The bill also makes conforming changes to renumber sections and correct
cross references.
                                    Fiscal Summary
State Effect: The bill is not expected to materially affect State finances or operations, as
discussed below.
Local Effect: The bill is not expected to materially affect local finances or operations.
Small Business Effect: Potential meaningful.
                                         Analysis
Current Law: Pursuant to § 21-1111 of the Health-General Article, a person may not sell,
distribute, or otherwise dispose of any drug, medicine, pharmaceutical preparation, or
medicinal preparation by a vending machine or other similar device. A person who violates
this provision is guilty of a misdemeanor and on conviction is subject to a fine of up to
$100. Each day a violation continues constitutes a separate offense. The Secretary of Health
may exempt any commodity from this prohibition through regulation if the commodity
may be dispensed by a vending machine without danger to the public health.
Per the Code of Maryland Regulations (COMAR) 10.13.11.01, nonprescription drugs that
alleviate pain may be sold by a vending machine or other similar device in (1) solid oral
dosage form only and (2) single-dose quantities of not more than three tablets or capsules
per dose. Per COMAR 10.52.04.02, a condom approved by the U.S. Food and Drug
Administration as a medical device may be sold by a vending machine or other automatic
device. However, under § 10-105 of the Criminal Law Article, a person may not sell or
offer for sale a contraceptive or a contraceptive device by a vending machine or other
automatic device at a kindergarten, nursery school, or elementary or secondary school.
Section 12-102(k) of the Health Occupations Article specifies that Title 12 of the Health
Occupations Article, which governs the practice of pharmacy, does not limit the right of a
general merchant to sell any nonprescription drug or device.
Every person who sells or offers goods for sale through a vending machine in Maryland
must obtain a vending machine license from the Clerk of the Circuit Court in the county
where the machines are located. The license fee is $2.50 for each vending machine.
State Fiscal Effect: The Maryland Department of Health advises that the bill has no fiscal
impact providing that controlled dangerous substances (CDS) are not among those drugs
sold, distributed, or disposed of by means of a vending machine or similar device. As such,
this analysis assumes that CDS or other prescription drugs will not be sold by vending
machine or similar device, despite the bill’s repeal.
Small Business Effect: To the extent that small business owners choose to operate or own
vending machines to sell, distribute, or dispose of drugs or medicines, revenues may increase.
                                Additional Information
Prior Introductions: None.
Designated Cross File:       HB 107 (Delegate R. Lewis) - Health and Government
Operations.
Information Source(s): Maryland Association of County Health Officers; Judiciary
(Administrative Office of the Courts); Maryland Department of Health; Department of
Legislative Services
Fiscal Note History:      First Reader - January 25, 2021
an/jc                     Third Reader - March 9, 2021
Analysis by: Amber R. Gundlach                          Direct Inquiries to:
                                                        (410) 946-5510
                                                        (301) 970-5510
SB 499/ Page 2
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Statutes affected: 
Text - First - Prohibition on Vending Machine Sales of Drugs and Medicines - Repeal: 3-103 Health General, 21-1204 Health General, 21-1212 Health General, 21-1114 Health General
Text - Third - Prohibition on Vending Machine Sales of Drugs and Medicines - Repeal: 3-103 Business Regulation, 21-1204 Health General, 21-1212 Health General, 21-1114 Health General