An Act To Prohibit the Sale and Use of Vaporized Alcohol and Alcohol Vaporizing Devices
Maine Legislature, Session 122, LD 1155
Committee: Legal and Veterans Affairs
Sponsors: BRYANT, CAIN, CANAVAN, GROSE, MILLS, RICHARDSON, TRAHAN, BROMLEY, DIAMOND
Amends: 28-A MRSA §2088

Legislative Document 
No. 1155 
H.P.798 
House of Representatives, March 8, 2005 
An Act To Prohibit the Sale and Use of Vaporized Alcohol and 
Alcohol Vaporizing Devices 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative BRYANT of Windham. 
Cosponsored by Senator BRYANT of Oxford and 
!r/~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CANAVAN of Waterville, GROSE of Woolwich, MILLS of 
Farmington, RICHARDSON of Carmel, TRAHAN of Waldoboro, Senators: BROMLEY of 
Cumberland, DIAMOND of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 28-A MRSA §2088 is enacted to read: 
S2088. 
Vaporized alcohol 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. "Alcohol vaporizi~_evice" me~ms any device, machine or 
process that mixes an alcoholic product with pure oxygen or 
another gas to produce vaporized alcohol for the purpose of 
consumption through inhalation. 
B. "Vaporized alcohol" means an alcoholic product created by 
mixing alcohol with pure oxygen or another gas to produce a 
vaporized product for the purpose of consumption through 
inhalation. 
2. Prohibition. 
A person may not use, sell, furnish, give 
away, possess or of:(er to 
sell~urnish or give away vaporized 
alcohol or an alcohol vaporizing device. 
3. Penalties. 
A person who: 
A. 
Uses vaporized alcohol or an alcohol vaporizing device 
in violation of subsection 2 commits a civil violation for 
which a fine of not less than $250 and not more than $500 
must be adjudged for a first offense and a fine of not less 
than $500 and not more than $3,000 must be adjudged for a 
2nd or subsequent offense. 
In addition to a fine ordered 
under this subsection, a court may make additional orders as 
described in Title 22, section 2383-C, subsection 6. 
B. Who sells, furnishes, gives away, possesses or offers to 
selL furnish or give away vaporized alcohol or an alcohol 
vaporizing device in violation of subsection 2 commits 
a 
civil violation for which a fine of not less than $500 and 
not more than $1,000 must be adjudged. 
A person who commits 
a 2nd or subsequent offense under this paragraph commits a 
Class E crime for which a fine of not less than $1, 000 and 
not more than $5,000 must be adjudged, and, if the person is 
a licensee under chap_t~L...~ 43 or 45, the court may suspend 
the person's license for up to one year. 
SUMMARY 
This bill prohibits selling, 
possessing and offering to sell, 
furnishing, giving away, using, 
furnish or give away vaporized 
Page I-LR1348 (1) 
alcohol or an alcohol vaporizing device. 
Using vaporized alcohol 
or an alcohol vaporizing device is a civil violation for which a 
fine must be adjudged and the court may order community service, 
counseling 
or 
treatment. 
Selling, 
furnishing, 
giving 
away, 
possessing or offering to sell, furnish or give away vaporized 
alcohol or an alcohol vaporizing device is a civil violation for 
which 
a 
fine must be adjudged. 
A 2nd offense for selling, 
furnishing, giving away, possessing or offering to sell, furnish 
or give away vaporized alcohol or an alcohol vaporizing device is 
a Class E crime for which a fine must be adjudged, and, if the 
person is a licensee for the on-premises or off-premises sale of 
liquor, the court may order a suspension of the license for up to 
one year.