Maryland No Smoking or Vaping Poster Details
The Maryland Clean Indoor Air Act is a statewide prohibition of smoking or vaping in virtually all indoor workplaces. The Act was amended in 2024, requiring signs stating “no smoking or vaping” in letters at least 1″ in height to be conspicuously posted and properly maintained in each indoor area open to the public and each public entrance to an indoor area where smoking or vaping is prohibited. (Md. Code Ann., Health-Gen. § 24-506) The signs must be posted and maintained by the owner, operator, manager, or other person having control of the area.
Places where Smoking is Prohibited
The Maryland Clean Indoor Air Act prohibits smoking or vaping in the following facilities:
• Indoor areas open to the public
• Indoor meeting places open to the public
• Indoor places of employment, including restaurants and bars
• Mass transit vehicles
• Private homes or residences being used by a licensed day care or child care provider
• Private vehicles used for the public transportation of children or as part of health care or day care transportation
• Clubs with alcohol licenses
Violations, Retaliation and Defenses
Retaliation prohibited – An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the Department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under the Act, shall be deemed in violation of this Act and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.
Defenses – It is an affirmative defense to a complaint brought against a person in charge of a designated no smoking area for a violation of a the Act that the person or an employee of the person:
(i) Posted the Maryland No Smoking or Vaping Poster as required by the Act;
(ii) Removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and
(iii) If the violation occurred in a bar, tavern, or restaurant:
1. Refused to seat or serve any individual who was smoking in a prohibited area; and
2. If the individual continued to smoke or vape after an initial warning, asked the individual to leave the establishment.