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Maine LAWS & TAXES
- 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
- 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
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.
- 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