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the state of

Maine

State Legislative Info

GOVERNOR

Janet Mills
#1 State House Station
Augusta, ME 04333-0001
Phone: (207) 287-3531
Fax: (207) 287-1034

THE SENATE

Secretary of the Senate
Heather J.R. Priest
210 State Street, Room 327
Augusta, ME 04333-0003
Phone: (207) 287-1540
Fax: (207) 287-1900

THE house

Clerk of the House
Robert B. Hunt
State House Room 300
2 State House Station
Augusta, ME 04333-0002
Phone: (207) 287-1400

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current laws & taxes

regulating smokeless tobacco & vapor products

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9 tips for being an advocate

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Maine LAWS & TAXES

laws

  • The definition of “Tobacco product” in Maine statutes includes an electronic smoking device [vapor product] and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine.1
  •  E-liquid containers cannot be sold/distributed unless child-resistant.2
  • The sale/distribution of tobacco and vapor products to persons under age 21 is prohibited (unless the person has attained 18 years of age as of July 1, 2018.)1
  • Persons under the age of 21 are prohibited by law from purchasing, possessing or using tobacco or vapor products.10
  • A retail license or permit is required to sell vapor products, as vapor products defined as a tobacco product.3
  • Maine’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.4
  • Vaping is prohibited in an outdoor eating area if the outdoor eating area or any portion thereof is open and available for dining and beverage service7 and in, on or within 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place or restroom in a state park or state historic site.8

Tobacco/Vapor Sales Bans: Maine defines vapor products as “tobacco products.” Tobacco products may not be shipped to anyone
other than a licensed retailer or distributor in the state, effectively banning out-of-state online/phone sales.6

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Maine already bans the sale of tobacco and vapor products to adults under the age of 21 years old.

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

The sale of flavored vapor and tobacco products is prohibited in the cities of Portland, Brunswick, Bangor and South Portland.9

taxes

  • Chewing tobacco/snuff are subject to a state excise tax of 43% of wholesale cost.5
  • Vapor products are subject to a state excise tax of 43% of wholesale cost.5
  1. http://legislature.maine.gov/legis/bills/bills_128th/chapters/PUBLIC308.asp
  2. http://legislature.maine.gov/legis/statutes/22/title22.pdf
  3. http://legislature.maine.gov/statutes/22/title22sec1551-A.html
  4. http://legislature.maine.gov/legis/statutes/22/title22.pdf
  5. https://wgme.com/news/local/e-cigarette-tax-help-for-poor-residents-on-governors-desk?fbclid=IwAR2yfC76nyYDZaFa7b8RXOu-0MpbjhwWge_wQJGnaCmqMBi3SQlG8wOlJqE
  6. http://www.mainelegislature.org/LEGIS/STATUTES/22/title22sec1555-F.html
  7. https://legislature.maine.gov/statutes/22/title22sec1550.html
  8. https://legislature.maine.gov/statutes/22/title22sec1580-E.html
  9. https://www.wmtw.com/article/ban-on-sale-of-flavored-tobacco-in-south-portland-allowed-to-proceed/42544046
  10. https://legislature.maine.gov/statutes/22/title22sec1555-B.html

Updated February 2023

9 Tips for Being an Advocate

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