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State of Maine Tobbaco Law Regarding Minors Title 22, Section 1555 |
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| Illegal Sale and Distribution of Tobacco Products to Minors |
| Illegal Possession of Tobacco Products by Minors |
| Notices that Stores must Display in ref. to Tobacco and Minors |
| Who must Enforce the Tobacco Law |
| Distribution of Fines Collected as a result of this Law |
| Note: The Tobacco Law went into effect on September 29, 1995. There was an initial six month period of education and adjustment that followed the effective date, in which only warnings were issued to minors found in violation. On March 29, 1996 the law went into full effect with Civil Summonses being issued to violators. |
Title 22, Section 1555. Sales of tobacco products to juveniles
1. Sale and distribution; penalty. A person may not knowingly sell, furnish, give away or offer to sell, furnish or give away cigarettes, cigarette paper or any other tobacco product to any person under 18 years of age. A person in the business of selling or otherwise distributing cigarettes, cigarette paper or other tobacco products for profit or an employee or agent of that person may not, in the course of that person's business, distribute free any cigarette, cigarette paper or other tobacco product to any person under 18 years of age in any place, including, but not limited to, a public way or sidewalk, public park or playground, public school or other public building or an entranceway, lobby, hall or other common area of a private building, shopping center or mall.
It is a civil violation for any person, firm or corporation to knowingly distribute or sell cigarettes or any other tobacco product from a vending machine to a person under 18 years of age. Violators are subject to the penalties established in this section.
A. Any person who violates this subsection commits a civil violation for which a fine of not less than $50 nor more than $1,500, plus court costs, may be adjudged for any one offense. Any employer of a person who violates this subsection commits a civil violation for which, a fine of not less than $50 nor more than $1,500, plus court costs, may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314.
B. It is an affirmative defense to prosecution under this subsection that the defendant sold cigarettes, cigarette paper or any other tobacco product to a person under 18 years of age who furnished fraudulent proof of age
2. Prohibition; false identification, purchase, possession and use by juveniles; forfeitures. It is unlawful for any person under 18 years of age to offer false identification in an attempt to purchase any tobacco products or to purchase, possess or use cigarettes, cigarette paper or any other tobacco product. Any person who violates this section commits a civil violation for which the following forfeitures may be adjudged,
A. For a first offense, a forfeiture of not less than $100 and not more than $300 may be imposed. The judge, as an alternative to or in addition to the forfeiture permitted by this subsection, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution.
B. For a 2nd offense, a forfeiture of not less than $200 and not more than $500 may be imposed. The judge, as an alternative to, or in addition to the forfeiture permitted by this subsection, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
C. For all subsequent offenses, a forfeiture of $500 must be imposed and that forfeiture may not be suspended. The judge, in addition to the forfeiture permitted by this subsection, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
3. Display of prohibition; sales to juveniles. All dealers and distributors of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons under 18 years of age. Notices must be publicly and conspicuously displayed in the dealer's or distributor's places of business in letters at least inches high, Signs required by this section may be provided at cost by the department. Any person who violates this subsection commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.
4. Enforcement. All law enforcement officers shall enforce this section. A citizen may register a complaint under this section with the law enforcement agency having jurisdiction. The law enforcement agency may notify any establishment or individual subject to this section of all citizen complaints regarding that establishment or individual's alleged violation of this section and keep a record of that notification.
5. Distribution of fines. Fines and forfeitures collected pursuant to subchapter I 1 and this subchapter must be credited as follows: to the General Fund and to be deposited in a nonlapsing account to-be paid to law enforcement agencies.
1995, c. 470, §9.
122 M.R.S.A. §1551 et seq.
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