An Act to Create an Exception to the Prohibition of Tobacco Sales
Maine Legislature, Session 132, LD 2134
Committee: Health and Human Services
Sponsors: CURRY
Amends: 22 MRSA §1551-A

Legislative Document
No. 2134
S.P. 832
In Senate, January 7, 2026
An Act to Create an Exception to the Prohibition of Tobacco Sales 
in Retail Establishments Containing Pharmacies for Certain Small 
Grocery Stores
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CURRY of Waldo.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1551-A, as amended by PL 2025, c. 367, §4 and affected by §20 
and amended by c. 493, §2 and affected by §4, is further amended by amending the section 
headnote to read:
§1551-A.  Retail tobacco sales license required
Sec. 2.  22 MRSA §1551-A, sub-§6, as enacted by PL 2025, c. 493, §2 and affected 
by §4, is amended to read:
6.  Pharmacies and retail establishments with a pharmacy ineligible for retail 
tobacco license; civil penalty; transfer of funds.  This subsection governs pharmacies 
and retail establishments containing a pharmacy.
A.  A pharmacy is ineligible for a retail tobacco license.  A pharmacy that engages in 
retail sales, including retail sales through vending machines or in free distribution of 
tobacco products, and sells, to anyone or keeps for sale or gives away in the course of 
trade any tobacco products to anyone commits a civil violation for which a fine of not 
more than $2,000 may be adjudged.  Each day a pharmacy is in violation of this 
paragraph constitutes a separate offense.
B.  A Except as provided in subsection 7, a retail establishment containing a pharmacy 
is ineligible for a retail tobacco license.  A retail establishment containing a pharmacy 
that engages in retail sales, including retail sales through vending machines or in free 
distribution of tobacco products, and sells, to anyone or keeps for sale or gives away 
in the course of trade any tobacco products to anyone commits a civil violation for 
which a fine of not more than $2,000 may be adjudged.  Each day a retail establishment 
containing a pharmacy is in violation of this paragraph constitutes a separate offense.
Sec. 3.  22 MRSA §1551-A, sub-§7 is enacted to read:
7.  Exception to prohibition on license for retail establishments with pharmacy.  
Subsection 6, paragraph B does not apply to a retail establishment containing a pharmacy 
if the following conditions are satisfied: 
A.  The retail establishment has no more than 26,000 square feet of indoor customer-
accessible sales area at the location for which the retail establishment is seeking a retail 
tobacco license; 
B.  The retail establishment is operated primarily as a grocery store; 
C.  The pharmacy located on the premises of the retail establishment operates in a 
separately demised, leased space under a written lease and holds a separate pharmacy 
license; 
D.  The pharmacy was established by lease agreement within the retail establishment 
location prior to July 7, 2025;
E.  All tobacco sales made by the retail establishment occur outside the pharmacy's 
leased premises, through the retail establishment's separate point-of-sale system and 
from the retail establishment's separate inventory; and 
F.  The retail establishment complies with all other provisions of this chapter. 
For the purposes of this subsection, "customer-accessible sales area" means the total floor 
area open to customers for display and sale of merchandise.  "Customer-accessible sales 
area" does not include stockrooms, offices, restrooms, mechanical rooms or the pharmacy's 
demised premises.
For the purposes of this subsection, "grocery store" means a retail food store that offers for 
sale a variety of foods for home preparation and consumption, including perishable items, 
and derives a substantial portion of sales from food.
SUMMARY
This bill creates an exception to the provision of law that prohibits a retail 
establishment that contains a pharmacy from obtaining a retail tobacco license.  Under the 
bill, a grocery store containing a pharmacy is eligible for a retail tobacco license if the store 
has no more than 26,000 square feet of customer-accessible sales area; the pharmacy was 
established in the grocery store prior to July 7, 2025 and is independently licensed and 
operates in a separately demised, leased space; all tobacco sales are made from the grocery 
store's independent inventory and point-of-sale system; and the grocery store complies with 
all other requirements under the provisions governing retail tobacco licenses. 
The bill also removes references to the sale of tobacco through vending machines or 
the practice of giving away tobacco products in the course of trade, both of which were 
made illegal by Public Law 2025, chapter 367.