An Act To Allow Adults To Purchase Tobacco Products
Maine Legislature, Session 128, LD 1906
Committee: Health and Human Services
Sponsors: SANDERSON
Amends: 22 MRSA §1551, 22 MRSA §1552-A, 22 MRSA §1553-A, 22 MRSA §1555-B

Legislative Document
No. 1906
H.P. 1344
House of Representatives, April 12, 2018
An Act To Allow Adults To Purchase Tobacco Products
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SANDERSON of Chelsea.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1551, sub-§2, as repealed by PL 2017, c. 308, §2, is reenacted 
to read:
2.  Juvenile. "Juvenile" means any individual who is younger than 18 years of age.
Sec. 2.  22 MRSA §1552-A, sub-§2, as amended by PL 2017, c. 308, §4, is 
further amended to read:
2.  Display of prohibition against sales to persons who have not attained 18 years 
of age.  All licensees shall post notice of the prohibition on tobacco sales to persons who 
have not attained 21 years of age, unless the person has attained 18 years of age as of July 
1, 2018, juveniles pursuant to section 1555-B.  
Notices must be publicly and 
conspicuously displayed in the licensee's place of business in letters at least 3/8 inches 
high.  Signs required by this section must be provided at cost by the department.  Any 
person who violates this subsection commits a civil violation for which a forfeiture of not 
less than $50 nor more than $200 may be adjudged for any one offense.
Sec. 3.  22 MRSA §1553-A, sub-§1, as amended by PL 2017, c. 308, §5, is 
further amended to read:
1.  Vending requirements.  When the sale of cigarettes or any other tobacco product 
is made from a vending machine the following is required.
A.  Only cigarettes or any other tobacco products may be dispensed by that machine.
B.  A sign must be affixed conspicuously to the front of the machine.  The sign must:
(1)  Contain lettering that is at least 3/8 inches in height; and
(2)  State the following:  "WARNING.  It is unlawful to sell tobacco products in 
this State to for any person who has not attained 21 years of age, unless the 
person has attained 18 years of age as of July 1, 2018 under 18 years of age to 
purchase cigarettes in this State."
D.  At all times during the hours the vending machine is accessible, it must be located 
within the unobstructed line of sight and under the direct supervision of an adult.  
That adult is responsible for preventing persons under 18 years of age from 
purchasing cigarettes or any other tobacco product from that vending machine.
Vending machines may be located only in areas in which persons who are 21 years of age 
or older minors are allowed only when accompanied by an adult.
Sec. 4.  22 MRSA §1555-B, sub-§§1, 2, 4, 5-A, 5-B, 5-C and 6, as amended 
by PL 2017, c. 308, §6, are further amended to read:
1.  Retail sales.  Tobacco products may be sold at retail only in a direct, face-to-face 
exchange in which the purchaser may be clearly identified.  For direct, face-to-face sales, 
employees who sell tobacco products must be at least 17 years of age.  An employee who 
is 17 years of age or older and under 21 years of age may sell tobacco products only in 
the presence of an employee who is 21 at least 18 years of age or older and is in a 
supervisory capacity.
2.  Sales to persons who have not attained 18 years of age prohibited.  A person 
may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to 
any person who has not attained 21 under 18 years of age, unless the person has attained 
years of age as of July 1, 2018.  Tobacco products may not be sold at retail to any 
person who has not attained 30 under 27 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.
4.  Wholesale sales.  Tobacco products may be distributed at wholesale without a 
face-to-face exchange only in the normal course of trade and under procedures approved 
by the Bureau of Revenue Services to ensure that tobacco products are not provided to 
any person who has not attained 21 under 18 years of age.
5-A.  Purchase of tobacco products by persons who have not attained 18 years of 
age prohibited.  Except as provided in subsection 5-B, a person who has not attained 21 
under 18 years of age may not:
A.  Purchase, possess or use or attempt to purchase a tobacco product.
This subsection does not apply to a person who has attained 18 years of age as of July 1, 
2018.
5-B.  Exception to possession by persons who have not attained 18 years of age.  
A person who has not attained 21 under 18 years of age may transport or permit to be 
transported in a motor vehicle tobacco products in the original sealed package in which 
they were placed by the manufacturer if the transportation is in the scope of that person's 
employment.
5-C.  Use of false identification by persons who have not attained 18 years of age 
prohibited.  A person who has not attained 21 under 18 years of age may not:
A.  Offer false identification in an attempt to purchase a tobacco product or to 
purchase, possess or use a tobacco product;
B.  Violate paragraph A after having previously violated this subsection; or
C.  Violate paragraph A after having previously violated this subsection 2 or more 
times.
6.  Display of prohibition of sales to persons who have not attained 18 years of 
age.  A dealer or distributor of tobacco products shall post notice of this section 
prohibiting tobacco product sales to persons who have not attained 21 under 18 years of 
age, unless the person has attained 18 years of age as of July 1, 2018.  Notices must be 
publicly and conspicuously displayed in the dealer's or distributor's place of business in 
letters at least 3/8 inches in height.  Signs required by this section may be provided at cost 
by the department.
SUMMARY
Public Law 2017, chapter 308 increased the legal age for purchase or possession of 
tobacco products to 21 years of age, except for those persons who attained 18 years of 
age by July 1, 2018.
This bill reduces the legal age for purchase and possession of tobacco products to 18 
years of age.  This bill also allows a person who is 17 years of age to sell tobacco 
products if supervised by a person who is at least 18 years of age.