Comptroller Peter Franchot scrambled yesterday to offer his support for a proposed city ban on the individual sale of cheap cigars days after his office wrote a letter to Baltimore officials arguing that the ban would be illegal.
A June 30 letter, which aides to Franchot said was sent in error, states that the city's proposal to restrict the sale of certain types of cigars - sometimes called "blunts" or "loosies" - would be illegal because only the state may regulate tobacco sales.
After receiving questions about the letter from The Sun, Franchot's office released a statement in support of the ban. Aides said that Franchot never approved the letter, that he did not agree with it and that he would quickly seek a more formal opinion from the attorney general.
"I have been a strong supporter of the fight to reduce teen smoking and limit the access of cigarettes and other tobacco products to our youth," Franchot said in a statement. "I strongly support Baltimore city's effort."
But the letter and subsequent backpedaling raised questions about whether the city's proposal - which, if implemented, would be the first of its kind in the nation - would stand up to the lawsuit that at least one opponent has threatened to file.
"I would hope that the comptroller's comments and position would bring Baltimore City to [its] senses," said Bruce C. Bereano, a lobbyist representing the Maryland Association of Tobacco and Candy Distributors. "This is a proposal that is illegal on their part."
Asked about a possible legal challenge, Bereano said: "They will be sued."
Sold under brand names such as Black & Mild, White Owl and The Game, the cheap cigars are exempt from laws that prohibit the sale of individual cigarettes. Neighborhood shops sell the cigars, which can be repacked with marijuana, for as little as 50 cents apiece.
Popularized by hip-hop stars, the smokes pack more tobacco than a cigarette and come in flavors such as cherry and grape that appeal to a younger crowd. It is this dangerous mingling of status symbol, sweet taste and high tobacco content that has city officials worried.
Mayor Sheila Dixon and city Health Commissioner Dr. Joshua M. Sharfstein held a news conference May 28 to announce the proposal, which would require shop owners to sell the cigars in packs of five or more.
City officials said that could discourage youths because a pack would be more expensive. Health officials received public comment on the proposal through July 1.
