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Maryland Non-Smoking Laws for the Workplace

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As an employer in Maryland, what smoking laws do I need to know about?

There are many strict local non-smoking laws in Maryland and a basic non-smoking state law. The local laws are allowed because Maryland doesn’t preempt the passage of stricter smoking laws. 

Maryland’s non-smoking law restricts smoking in public places, except where there is a separate room where there is proper ventilation. People are allowed to smoke in restaurants where there is a separate room for smoking and/or an attached bar. While Maryland’s law doesn’t complete ban smoking in public places, it does prohibit smoking in the workplace. Employees can not smoke in any enclosed workplace. This includes in common areas such as halls, elevators, meeting rooms, and lobbies.Due to the fact that Maryland’s current non-smoking law isn’t very strict, many local communities have taken it upon themselves to make stricter laws. These places include:

- Charles County

-Montgomery County

-Talbot County 

-Rockville

-Tacoma Park 

-Gaithersburg 

- Kensington 

-Prince George’s County

One example of a local community that passed a non-smoking law recently is Howard County. In 2007 the County became 100% smoke free. This means that there is no smoking allowed in any restaurants or bars. The law that went into effect actually strengthened an existing law that did allow for smoking rooms. However, now there is absolutely no smoking in enclosed public places.

Another example is the city of Baltimore, which voted to stop smoking in all public places. This law was voted on at the beginning on 2007. With its passage, Baltimore joined the host of other communities throughout Maryland that have already outlawed smoking. 

In a recent move, the Maryland Legislature passed a stricter non-smoking law. This law will completely prohibit smoking in restaurants, bars, and private clubs. The law will take effect on February 1, 2008. However, until that time - February of 2008 - the other law will be in effect. CR