Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Yes.
Me. Stat. tit. 22 § 1551(3) (2023); Me. Stat. tit. 36 § 4401(9) (2023)
How does the state define an e-cigarette?
Sales and Use
Tobacco product means “any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus [including] an electronic smoking device 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.”
Me. Stat. tit. 22, § 1551(3) (2023)
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] a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.”
Me. Stat. tit. 22, § 1541(1-A) (2023); Me. Stat. tit. 36, § 4401(2-A) (2023)
Tobacco products means “cigars; cheroots; stogies; electronic smoking devices and liquids used in electronic smoking devices whether or not they contain nicotine; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; snus; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means.”
Me. Stat. tit. 36, § 4401(9) (2023)
Packaging Restrictions
Electronic nicotine delivery device means “any noncombustible device containing or delivering nicotine or any other substance intended for human consumption that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means and that may be used 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.”
Me. Stat. tit. 22, § 1560-B(1)(B) (2023)
Nicotine liquid container means “a container used to hold a liquid, gel or other substance containing nicotine that is sold, marketed or intended for use as or with an electronic nicotine delivery device [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Me. Stat. tit. 22, § 1560-B(1)(C) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
E-cigarettes taxed as “other tobacco” products at rate of 43% of wholesale price.
Me. Stat. tit. 36, § 4403(2) (2023)
What regulations are in place for e-cigarette packaging?
Nicotine liquid containers cannot be sold/distributed unless child-resistant.
Me. Stat. tit. 22, § 1560-B(2) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of tobacco products to persons under age 21 prohibited (unless the person has attained 18 years of age as of July 1, 2018.
Me. Stat. tit. 22, § 1555-B (2) (2023)
Employees of e-cigarette retailers must be at least 17 years of age; if employee’s age is between 17 and 21, they may only sell e-cigarettes in presence of supervisor at least 21 years old.
Me. Stat. tit. 22, § 1555-B(1) (2023)
Self-service displays of tobacco products prohibited except for sale of tobacco products in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations inaccessible to persons under age 21.
Me. Stat. tit. 22, § 1555-B(11) (2023)
Vending machine sales of tobacco products restricted to locations inaccessible to persons under age 21.
Me. Stat. tit. 22, § 1553-A(1)(C) (2023)
Purchase of tobacco products by persons under age 21 prohibited.
Me. Stat. tit. 22, § 1555-B(5-A) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Me. Stat. tit. 22, § 1551-A(1) (2023)
What smoke-free restrictions exist for e-cigarette use?
Use of electronic cigarettes included in definition of “smoking” and prohibited in same spaces smoking prohibited (Me. Stat. tit. 22, § 1541(6) (2023)) (definition of “smoking”); including certain indoor public spaces and day care/babysitting facilities (and related transportation vehicles) (Me. Stat. tit. 22, § 1542 (2023)); in school buildings, on school grounds or buses or at any school-sponsored event (Me. Stat. tit. 22, § 1578-B(2) (2023)); certain outdoor areas, (Me. Stat. tit. 22, § 1550(2) (2023)); and near beaches, state parks, and historic sites (Me. Stat. tit. 22, § 1580-E(2) (2023)).
Vaping and use of electronic cigarettes prohibited throughout the Wells Reserve except at designated smoking area in parking lot.
94-335-1 Me. Code R. § 1(G)(4) (2023)
Maine e-cigarette regulations as of September 15, 2023.