Bill Summary – FastDemocracy

                                                                  APPROVED                  CHAPTER
                                                                  JUNE 18, 2025                  367
                                                                 BY GOVERNOR               PUBLIC LAW
                                  STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                           _____
                                 H.P. 1297 - L.D. 1938
                   An Act Regarding the Regulation of Tobacco
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 10 MRSA §1202, sub-§2, ¶D is amended to read:
    D. Sales made by a cigarette distributor to a licensed wholesale dealer or to the operator
    of 15 or more vending machines shall not be are not subject to a markup of 2% as stated
    in paragraph C, but such sales shall be are subject to full trade discount only.
    Sec. 2. 22 MRSA §1541, sub-§1-A, as enacted by PL 2015, c. 318, §1, is amended
to read:
    1-A. Electronic smoking device. "Electronic smoking device" means a device used
to deliver nicotine or any other substance intended for human consumption that may be
used by a person to simulate smoking through inhalation of vapor or aerosol from the
device, including, without limitation, a device manufactured, distributed, marketed or sold
as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called
vape pen.
    Sec. 3. 22 MRSA §1542, sub-§2, ¶H, as enacted by PL 1993, c. 342, §1 and
affected by §9, is repealed.
    Sec. 4. 22 MRSA §1551-A, sub-§1, as enacted by PL 1995, c. 470, §9 and affected
by §19, is amended to read:
     1. Retail tobacco license. It is unlawful for any person, partnership or corporation
that engages in retail sales, including retail sales through vending machines or in free
distribution of tobacco products, to sell, keep for sale or give away in the course of trade
any tobacco products to anyone without first obtaining a retail tobacco license from the
department, in accordance with this chapter. The department may not issue a license under
this chapter that permits the retail sale of tobacco products through vending machines.
    Sec. 5. 22 MRSA §1552, sub-§3, as amended by PL 2005, c. 145, §1, is further
amended to read:
    3. Multiple licenses. Except as provided in subsection 3‑A, a licensee applying for
licenses to operate more than one premises or more than one vending machine shall obtain
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a separate license for each premises and each machine and shall pay the fee prescribed for
each premises and each machine.
    Sec. 6. 22 MRSA §1552, sub-§3-A, as amended by PL 2009, c. 199, §3, is further
amended to read:
     3-A. Seasonal mobile tobacco vendor license. An applicant who is a seasonal mobile
tobacco vendor may purchase a single annual license authorizing that vendor to operate at
2 or more agricultural fairs, festivals or exhibitions held during the agricultural fair season.
A license issued under this subsection must clearly specify the name and location of each
fair, festival or exhibition at which the licensee is authorized to operate and, for each
location, the specific dates and number of machines for which the licensee is authorized.
A licensee may not operate at any agricultural fair, festival or exhibit exhibition except as
specifically provided in that license. A seasonal mobile tobacco vendor license expires
upon the conclusion of the agricultural fairs, festivals or exhibitions for which it was issued.
Upon issuing a license under this subsection, the department shall immediately provide the
information required by this subsection to the Office of the Attorney General for purposes
of inspection and enforcement.
    Sec. 7. 22 MRSA §1553-A, as amended by PL 2017, c. 308, §5, is repealed.
    Sec. 8. 22 MRSA §1554-B, sub-§1, as enacted by PL 2003, c. 452, Pt. K, §6 and
affected by Pt. X, §2, is amended to read:
     1. License required. A person may not engage in retail tobacco sales or in free
distribution of tobacco products in the ordinary course of trade in this State without a valid
license issued under subchapter 1.
    Sec. 9. 22 MRSA §1555-B, sub-§2, as amended by PL 2017, c. 308, §6, is further
amended to read:
     2. Sales to persons who have not attained 21 years of age prohibited. A person
may not sell, or furnish, give away or offer to sell, or furnish or give away, a tobacco
product to any person who has not attained 21 years of age, unless the person has attained
18 years of age as of July 1, 2018. Tobacco products may not be sold at retail to any person
who has not attained 30 years of age unless the seller first verifies that person's age by
means of reliable photographic identification containing the person's date of birth. That a
person appeared to be 30 years of age or older does not constitute a defense to a violation
of this section.
    Sec. 10. 22 MRSA §1555-B, sub-§3, as enacted by PL 1997, c. 305, §5, is repealed.
    Sec. 11. 22 MRSA §1555-B, sub-§10, as amended by PL 2017, c. 308, §6, is
further amended to read:
     10. Affirmative defense. It is an affirmative defense to prosecution for a violation of
subsection 1, 2 or 4 that the defendant sold, or furnished, gave away or offered to sell, or
furnish or give away, a tobacco product in violation of subsection 5‑A in reasonable
reliance upon a fraudulent proof of age presented by the purchaser.
    Sec. 12. 22 MRSA §1555-B, sub-§12 is enacted to read:
     12. Prohibition on giving away a tobacco product. A tobacco retailer or tobacco
distributor may not give away a tobacco product.
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    Sec. 13. 22 MRSA §1558, sub-§5, ¶B, as enacted by PL 1995, c. 470, §9 and
affected by §19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further
amended to read:
    B. If a licensee is interested directly or indirectly in more than one license, the District
    Court may order that a revocation apply to any of those premises or machines.
    Sec. 14. 22 MRSA §1580-A, sub-§2, ¶D, as enacted by PL 1985, c. 126, is
amended to read:
    D. "Smoking" means carrying or having in one's possession a lighted or heated
    cigarette, cigar, or pipe or other object giving off or containing any substance giving
    off tobacco smoke a lighted or heated tobacco or other plant product intended for
    human consumption through inhalation whether natural or synthetic in any manner or
    in any form. "Smoking" includes the use of an electronic smoking device as defined in
    section 1541, subsection 1-A.
    Sec. 15. 36 MRSA §4362-A, sub-§4, as repealed and replaced by PL 2003, c. 452,
Pt. U, §9 and affected by Pt. X, §2, is amended to read:
    4. Penalties. The following penalties apply to violations of this section.
    A. A distributor who imports into this State any cigarettes without holding a
    distributor's license issued by the assessor pursuant to this section commits a civil
    violation for which a fine of not less than $250 $500 and not more than $500 $1,000
    must be adjudged.
    B. A distributor who violates paragraph A after having been previously adjudicated as
    violating paragraph A commits a civil violation for which a fine of not less than $500
    $1,000 and not more than $1,000 $2,000 must be adjudged for each subsequent
    violation.
    C. A distributor who sells at wholesale, offers for sale at wholesale or possesses with
    intent to sell at wholesale any cigarettes without holding a distributor's license issued
    by the assessor pursuant to this section commits a civil violation for which a fine of not
    less than $250 $500 and not more than $500 $1,000 must be adjudged.
    D. A distributor who violates paragraph C after having been previously adjudicated as
    violating paragraph C commits a civil violation for which a fine of not less than $500
    $1,000 and not more than $1,000 $2,000 must be adjudged for each subsequent
    violation.
    Sec. 16. 36 MRSA §4365-F, sub-§2, as enacted by PL 2005, c. 457, Pt. AA, §3
and affected by §8, is amended to read:
    2. Liability. A person possessing cigarettes for resale is liable for the difference
between the tax rate of 100 mills per cigarette and the tax rate of 50 mills per cigarette in
effect before September 19, 2005. Stamps indicating payment of the tax imposed by this
section must be affixed to all packages of cigarettes held for resale as of September 19,
2005, except that cigarettes held in vending machines as of that date do not require that
stamp.
    Sec. 17. 36 MRSA §4365-F, sub-§3, as enacted by PL 2005, c. 457, Pt. AA, §3
and affected by §8, is repealed.
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    Sec. 18. 36 MRSA §4401, sub-§2-A, as enacted by PL 2019, c. 530, Pt. A, §1 and
affected by §7, is amended to read:
    2-A. Electronic smoking device. "Electronic smoking device" means a device used
to deliver nicotine or any other substance intended for human consumption that may be
used by a person to simulate smoking through inhalation of vapor or aerosol from the
device, including, without limitation, a device manufactured, distributed, marketed or sold
as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so‑called
vape pen.
    Sec. 19. 36 MRSA §4401, sub-§4, as enacted by PL 1985, c. 783, §16, is amended
to read:
     4. Place of business. "Place of business" means any place where tobacco products
are sold or where tobacco products are manufactured, stored, or kept for the purpose of sale
or consumption, including any vessel, vehicle, airplane, or train or vending machines.
    Sec. 20. Effective date. This Act takes effect January 5, 2026.
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Statutes affected: 
Bill Text ACTPUB , Chapter 367: 10.1202, 22.1541, 22.1542, 22.1551, 22.1552, 22.1553, 22.1554, 22.1555, 22.1580, 36.4362, 36.4365, 36.4401