An Act Regarding
Maine Legislature, Session 132, LD 1938
Committee Amendment CA_A_H676 (House)
Amends: 22 MRSA §1541, 22 MRSA §1551-A, 22 MRSA §1554-B, 22 MRSA §1555-B, 22 MRSA §1580-A, 36 MRSA §4401

COMMITTEE AMENDMENT"~" to H.P. 1297, L.D. 1938, "An Act Regarding 
the Regulation of Tobacco" 
Amend the bill by inse1ting after section 1 the following: 
'Sec, 2. 22 MRSA §1541, sub-§1-A, as enacted by PL 2015, c. 318, §1, is amended 
to read: 
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f-A. Electronic smoking device, "Electronic smoking device" means a device used 
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to delh~er nicotine: or any other substance intended for human consqmptic_:,_n:.{hf!tID?-Y,iR~ 
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used by a person to simulate smoking through inhalation of vapor or aerosol from the 
device, including, without limitation, a device manufactured, distributed, marketed or sold 
as an electronic cigarette, electronic cigar, electronic pipe, electronic hookiih· or· s6!.c'alfed 
vape pen.' 
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Amend the bill by striking out all of section 3 and inserting the following: 
'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 thl:'ough vending machines of in free 
distribution of tobacco prnducts, 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 depa1tment may not issue a license under 
this chapter that permits the retail sale of tobacco products through vending machines.' 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 22 MRSA §1554-B, sub-§1, as enacted by PL 2003, c. 452, Pt. K, §6 and 
affected by Pt. X, §2, is amended to read: 
1. License required, A person may not engage in retail tobacco sales Of in free 
distribution of tobacco prnducts in the ordinary course of trade in this State without a valid 
license issued under subchapter 1. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1297, L.D. 1938 
Sec. 8. 22 MRSA §1555-B, sub-§2, as amended by PL 2017, c. 308, §6, is further 
amended to read: 
2. Sales to persons who have not attained 21 years of age prohibited. A person 
may not sell; or furnish, give away or offer to sell; or furnish or give w.vay,. a tobacco 
product to any person who has not attained 21 years of age, unless the person has attained 
years of age as ofJuly 1, 2018. Tobacco products may not be sold at retail to any person 
who has not attained 30 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. 1 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 22 MRSA §1555-B, sub-§10, as amended by PL 2017, c. 308, §6, is further 
amended to read: 
10. Affirmative defense. It is an affirmative defense to prosecution for a violation of 
subsection 1, 2 or 4 that the defendant sold; or furnished, gave av1ay or offered to sell; or 
furnish or give away,. a tobacco product in violation of subsection 5-A in reasonable 
reliance upon a fraudulent proof of age presented by the purchaser. 
Sec. 9. 22 MRSA §1555-B, sub-§12 is enacted to read: 
12. Prohibition on giving away a tobacco product. A tobacco retailer or tobacco 
distributor may not give away a tobacco product.' 
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Amend the bill by inserting after section 8 the following: 
'Sec. 9. 22 MRSA §1580-A, sub-§2, 1-0, as enacted by PL 1985, c, 126, is 
amended to read: 
D. 
11Smoking
means canying or having in one's possession a lighted or heated 
cigarette, cigar; or pipe or other object giving off or containing any substance giving 
off tobacco smoke a lighted or heated tobacco or other plant product intended for 
human consumption through inhalation whether natural or synthetic in any manner or 
in any form. 
Smoking" includes the use of an electronic smoking device as def med in 
section 1541, subsection l-A.
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. 36 MRSA §4401, sub-§2-A, as enacted by PL 2019, c. 530, Pt. A,§ 1 and 
affected by §7, is amended to read: 
2-A. Electronic smoking device. "Electronic smoking device" means a device used 
to deliver nicotine or any other substance intended for human consumption that may be 
used by a person to simulate smoking through inhalation of vapor or aerosol from the 
device, including, without limitation, a device manufactured, distributed, marketed or sold 
as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called 
vape pen.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~' to H.P. 1297, L.D. 1938 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. It prohibits the giving away of tobacco products by a tobacco retailer or tobacco 
distributor. 
2. It changes the definition of "smoking" to include the use of electronic smoking 
devices; this has the effect of prohibiting the use of electronic smoking devices in places 
of employment and broadens the definition to include the inhalation of natural or synthetic 
tobacco or other plant ptoducts. 
3. It temoves the definition of "electronic smoking device" that was in the bill and 
amends the current definitions in the Maine Revised Statutes, Title 22 and Title 3 6 to 
eliminate references to simulating smoking. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/25 LRL 
LD 1938 
LR226(02) 
An Act Regarding the Regulation of Tobacco 
Fiscal Note for Bill as Amended by Committee Amendment 'X" 1+ r--'6 7 ~ 
Committee: Health and Human Services 
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0/ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The collection of fines will increase General Fund or other dedicated revenue by minor amounts. 
LR0226(02) - Fiscal Note - Page 1 of 1