Maine Smokers Rights

By kim lien Last updated Nov 26, 2017

Maine Information

Maine Rights:
A public yahoo group for anyone who wants to talk about the Maine smoking ban situation.

Maine Smokers Rights
Check it out if you plan on vacationing in Maine and if you are a smoker.

Outside decks for smokers in northern Maine just won’t cut it!
Bravo’s Mexican Restaurant in Augusta is one outlet that built a patio specially to accommodate smokers.

Taverns brace for smoking ban in different ways.

Tobacco Taxes

Maine’s excise tax per pack of cigarettes: $1.000
Maine’s excise tax collection for the
fiscal year ending June 2002: $95,006,000Sales tax on tobacco products: 5.00%Federal excise tax per pack of cigarettes: $0.39
Total federal excise tax collections in fiscal year 2002: $7,512,700,000

Who Profits from
Cigarette Sales?

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Comparing Excise Taxes on Cigarettes, Beer and Wine

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Number of six-packs of beer that must be sold in Maine to produce the same state excise tax revenue generated by one carton of cigarettes: 50.8

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Number of bottles of wine that must be sold in Maine to produce the same state excise tax revenue generated by one carton of cigarettes: 84.1

Master Settlement Agreement Payments To Date

$182,122,188 has been paid to Maine since the Master Settlement Agreement was signed on November 23, 1998.

Maine Tobacco Laws

A summary of Maine state law is provided below
(for specific questions regarding state law, contact your legal advisor.)

Minimum Age	Customers must be 18 years or older to purchase tobacco products. Knowingly selling or furnishing or offering to sell or furnish tobacco products to persons under age 16 constitutes “endangering the welfare of a child.” Violators are subject to imprisonment for 1-3 years. It is a defense if the defendant is the parent or guardian and tobacco is furnished in the defendant’s home or presence. Tobacco products may not be sold to any person under 27 unless the seller first verifies that person’s age by means of reliable photographic identification containing the person’s date of birth.
Restricted Products	Any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes.
Acceptable Forms of Identification	Identification card or driver’s license bearing the photograph of the operator.
Fine/Penalty Schedule for Selling to Minors	The sale or distribution, to persons under age 18 is prohibited. Violators may be fined $50 – $1500 per offense. Any person who employs someone who violates these laws may be fined $50 – $1500.
Affirmative Defense	It is an affirmative defense to the unlawful sale or distribution that the seller reasonably relied upon fraudulent proof of age presented by the purchaser. Seller may refuse to sell tobacco to any person who fails to display proper identification upon request.
Minor Possession	The purchase, possession or use of tobacco products, including cigarette rolling papers, by minors is prohibited. Violators will be subject to a $100 – $300 fine and/or community service for the first offense, a $200 – $500 fine and/or community service for the second offense, and a fine of $500 and/or community service for subsequent offenses. A person under 18 years of age may not offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette papers or any other tobacco product. A person under 18 years of age may transport cigarettes, cigarette papers or tobacco products in the original sealed package in a motor vehicle if the transportation is in the scope of that person’s employment.
Sign Requirement	State law requires retailers to conspicuously post a sign (with letters at least 3/8 inch in height) stating that sales to minors are prohibited. Failure to post the required sign will result in a fine of $50 – $200. The Department of Human Services provides signs at cost.
Compliance Checks	As a condition of receiving federal substance abuse block grant funds, federal law requires the State of Maine to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The Office of Substance Abuse coordinates the inspections.
DISCLAIMER: This information summary is provided as a service of the Coalition, but is not intended to provide legal advice or analysis. These summaries are not intended to be complete representations of state law, which may contain additional rules and restrictions relating to tobacco products not mentioned in this summary, as well as retailing prohibitions related to matters including, but not limited to, state required training, minimum pack size, the sale of loose cigarettes and other restrictions. Retailers should not rely on these summaries as complete or accurate descriptions of applicable federal, state or local law. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from state law. These summaries are not intended to be complete representations of state law.

The reprinting of this information from the Coalition, does not constitute a representation or admission by RJRT that such information is accurate, complete, or a proper characterization of the laws concerned. The Coalition for Responsible Tobacco Retailing is a cooperative effort among retailers, wholesalers and manufacturers who share a common goal: to do all they can to prevent tobacco sales to minors.