An Act To Impose Further Restrictions on where Marijuana May Be Smoked
Maine Legislature, Session 129, LD 1081
Committee: Veterans and Legal Affairs
Sponsors: CYRWAY, COSTAIN, DAVIS, ALLEY, HANLEY, LYFORD, MAREAN, STEARNS, STROM, VEROW
Amends: 22 MRSA §1542, 28-B MRSA §1501

Legislative Document
No. 1081
S.P. 313
In Senate, March 5, 2019
An Act To Impose Further Restrictions on where Marijuana May 
Be Smoked
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative COSTAIN of Plymouth and
Senator: DAVIS of Piscataquis, Representatives: ALLEY of Beals, HANLEY of Pittston, 
LYFORD of Eddington, MAREAN of Hollis, STEARNS of Guilford, STROM of Pittsfield, 
VEROW of Brewer.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1542, as amended by PL 2009, c. 140, §1 and c. 300, §§1 and 
2, is further amended to read:
§1542.  Smoking prohibited in public places
1.  Prohibition.  Smoking is prohibited in all enclosed areas of public places, outdoor 
eating areas as provided in section 1550 and all rest rooms made available to the public.  
In the case of a child care facility that is not home-based, smoking is also prohibited in a 
facility-designated motor vehicle within 12 hours before transporting a child who is in the 
care of the child care facility, and whenever such a child is present in the vehicle.  
Smoking is also prohibited in outdoor areas of the facility where children may be present.  
For purposes of this subsection, "smoking" includes the smoking of marijuana.
2.  Limitations.  The prohibition in subsection 1 is subject to the following 
limitations.
A.  Smoking is not prohibited in an enclosed area of a public place during a period of 
time that the facility containing the enclosed area of the public place is not open to 
the public.  During its normal business hours, a public place must be closed for at 
least one hour to be considered "not open to the public."
B.  Smoking is not prohibited in theaters or other enclosed structures used for plays, 
lectures, recitals or other similar purposes if the smoking is solely by a performer and 
the smoking is part of the performance.
C.  Smoking is not prohibited in any area where undertaken as part of a religious 
ceremony or as part of a cultural activity by a defined group.
E.  Smoking in places of employment is governed by the provisions of section 
1580-A.  If public employees' rights provided in collective bargaining agreements are 
affected by this section, the employees have the right to reopen negotiations for the 
purpose of bargaining for smoking areas in nonpublic areas of publicly owned 
buildings.
H.  Smoking is not prohibited in motel or hotel rooms that are rented to members of 
the public.
J.  Smoking is not prohibited in a private residence, subject to section 1580-A, unless 
the private residence is used as a day care or baby-sitting service.  If a private 
residence is used as a day care or baby-sitting service, smoking is prohibited:
(1)  In the residence, during the hours of operation as a day care or baby-sitting 
service;
(2)  In outdoor areas on the property of that private residence, wherever a child 
under care may be present; and
(3)  During the facility's hours of operation, in a motor vehicle owned or operated 
by the facility whenever a child under care is in the vehicle.
K.  Smoking is not prohibited in public places when beano or bingo games are being 
conducted in accordance with the provisions of Title 17, section 314-A.
L.  Smoking is not prohibited in a tobacco specialty store.  The on-premises service, 
preparation or consumption of food or drink, if the tobacco specialty store is not 
licensed for such service or consumption prior to January 1, 2007, is prohibited in 
such a store.  Smoking a waterpipe or hookah is prohibited in a tobacco specialty 
store that is newly licensed or that requires a new license after January 1, 2007.
N.  Smoking is not prohibited in designated smoking areas in an off-track betting 
facility or simulcast racing facility at a commercial track, if that facility is licensed 
pursuant to Title 8, chapter 11 and in operation on June 30, 2003, is purchased from 
the owner or purchaser of a facility licensed pursuant to Title 8, chapter 11 and in 
operation on June 30, 2003 or is moved to another location within the same 
municipality by the owner or purchaser of a facility licensed pursuant to Title 8, 
chapter 11 and in operation on June 30, 2003, as long as:
(1)  No sales or services are provided in the designated smoking area, except that 
television equipment and stand-alone betting terminals or other means of placing 
wagers may be provided;
(2)  No employees work in or are required to pass through the designated 
smoking area;
(3)  Members of the public, except for those who choose to be present in the 
designated smoking area, are not required to utilize or pass through the 
designated smoking area for any purpose;
(4)  No one under 18 years of age is permitted in the designated smoking area;
(5) The designated smoking area within the purchased or relocated off-track 
betting facility or purchased or relocated simulcast racing facility has a floor area 
no larger than 2,000 square feet, except that any designated smoking area larger 
than 2,000 square feet and in existence on January 1, 2005 is exempt from this 
subparagraph;
(6) No slot machines are located within the off-track betting or simulcast racing 
facility.  For the purposes of this subparagraph, an off-track betting facility or a 
simulcast racing facility must be in a separately enclosed area, whether stand-
alone or within another facility, that is accessible by either an interior or exterior 
door; and
(7) The designated smoking area is located entirely within a separately enclosed 
area of an off-track betting facility or simulcast racing facility and proper signs 
are mounted to the exterior of the designated smoking area indicating that use of 
that area is for off-track betting and simulcast racing patrons only.
This subsection does not apply to the smoking of marijuana.
Sec. 2.  28-B MRSA §1501, sub-§2, ¶B, as enacted by PL 2017, c. 409, Pt. A, 
§6, is amended to read:
B.  A person 21 years of age or older may not consume marijuana or marijuana 
products:
(1)  If that person is the operator of a vehicle on a public way or a passenger in 
the vehicle.  As used in this subparagraph, "vehicle" has the same meaning as in 
Title 29-A, section 101, subsection 91;
(2)  In a private residence or on private property used as a day care or baby-
sitting service during the hours in which the residence or property is being 
operated as a day care or baby-sitting service;
(3)  By means of smoking the marijuana or marijuana product in a designated 
smoking area as provided under the Workplace Smoking Act of 1985; or
(4)  By means of smoking the marijuana or marijuana product in a public place or 
in a public area where smoking is prohibited under Title 22, chapter 262.;
(5)  By means of smoking the marijuana or marijuana product in a private 
residence or on private property in the presence of a person under 18 years of 
age; or
(6)  By means of smoking the marijuana or marijuana product in a vehicle in 
which a person under 18 years of age is present.  As used in this subparagraph, 
"vehicle" has the same meaning as in Title 29-A, section 101, subsection 91.
SUMMARY
This bill expands the restrictions on where marijuana may be smoked to include:
1.  Areas in which tobacco smoking is prohibited;
2. In a private residence or on private property when a person under 18 years of age is 
present; and
3.  In a vehicle in which a person under 18 years of age is present.