An Act Regarding the Regulation of Tobacco
Maine Legislature, Session 132, LD 1938
Committee: Health and Human Services
Sponsors: MOONEN, INGWERSEN
Amends: 10 MRSA §1202, 22 MRSA §1542, 22 MRSA §1551-A, 22 MRSA §1552, 22 MRSA §1553-A, 22 MRSA §1555-B, 22 MRSA §1558, 36 MRSA §4362-A, 36 MRSA §4365-F, 36 MRSA §4401

Legislative Document
No. 1938
H.P. 1297
House of Representatives, May 6, 2025
An Act Regarding the Regulation of Tobacco
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator INGWERSEN of York and
Representatives: GRAHAM of North Yarmouth, KUHN of Falmouth, MEYER of Eliot.
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 §1542, sub-§2, ¶H, as enacted by PL 1993, c. 342, §1 and 
affected by §9, is repealed.
Sec. 3.  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 the 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. 4.  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 
a separate license for each premises and each machine and shall pay the fee prescribed for 
each premises and each machine.
Sec. 5.  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 
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. 6.  22 MRSA §1553-A, as amended by PL 2017, c. 308, §5, is repealed.
Sec. 7.  22 MRSA §1555-B, sub-§3, as enacted by PL 1997, c. 305, §5, is repealed.
Sec. 8.  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. 9.  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. 10.  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. 11.  36 MRSA §4365-F, sub-§3, as enacted by PL 2005, c. 457, Pt. AA, §3 
and affected by §8, is repealed.
Sec. 12.  36 MRSA §4401, sub-§2-A, as enacted by PL 2019, c. 530, Pt. A, §1 and 
affected by §7, is repealed and the following enacted in its place:
2-A.  Electronic smoking device.  "Electronic smoking device" means a device that 
can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the 
device.  "Electronic smoking device" includes any component, part or accessory of such a 
device, whether or not sold separately, and includes any substance intended to be 
aerosolized or vaporized by using the device.  "Electronic smoking device" does not include 
any battery or battery charger when sold separately.  "Electronic smoking device" does not 
include drugs, devices or combination products authorized for sale by the United States 
Food and Drug Administration, as described in the Federal Food, Drug, and Cosmetic Act, 
United States Code, Sections 321(g), 321(h) and 353(g) (2022).
Sec. 13.  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. 14.  Effective date. This Act takes effect January 5, 2026.
SUMMARY
This bill modifies provisions of law governing the regulation of cigarettes and other 
tobacco products as follows. 
1. It modifies the provision of law that prohibits smoking in all enclosed areas of public 
places by eliminating the exception that allows smoking in motel or hotel rooms that are 
rented to members of the public. 
2. It prohibits the sale of tobacco products in vending machines.
3. It increases the penalties for licensing violations for cigarette distributors.
4. It modifies the provisions of law governing the tax on tobacco products by replacing 
the definition of "electronic smoking device" under current law.  The bill clarifies that while 
components, parts and accessories of the device, including substances intended to be 
aerosolized or vaporized by using the device, are included in the definition of "electronic 
smoking device," any separately sold batteries or chargers, or drugs, devices or 
combination products authorized for sale by the federal Food and Drug Administration, are 
not included in that definition. 
The bill provides an effective date of January 5, 2026 for these changes.