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years of age prohibited. Except as provided in paragraph A, a | person under 18 21 years of age may not purchase, possess or use | | cigarettes, cigarette paper or any tobacco product or 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. |
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| | A. A person under 18 21 years of age may transport or | | permit to be transported in a motor vehicle cigarettes, | | cigarette paper or tobacco products in the original, sealed | | package in which they were placed by the manufacturer if the | | transportation is in the scope of that person's employment. |
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| | | Sec. 4. 22 MRSA §1555-B, sub-§§6 and 10, as enacted by PL 1997, c. 305, | | §5, are amended to read: |
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| | | 6. Display of prohibition of sales to persons under 21 years | | of age. A dealer or distributor of tobacco products shall post | | notice of this section prohibiting tobacco and cigarette paper | sales to persons under 18 21 years of age. Notices must be | | publicly and conspicuously displayed in the dealer's or | | distributor's place of business in letters at least 3/8 inches in | | height. Signs required by this section may be provided at cost | | by the department. |
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| | | 10. Affirmative defense. It is an affirmative defense to | | prosecution for a violation of subsection 1, 2 or 4 that the | | defendant sold, furnished, gave away or offered to sell, furnish | or give away a tobacco product to a person under 18 21 years of | | age in reasonable reliance upon a fraudulent proof of age | | presented by the purchaser. |
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| | | This bill raises from 18 years of age to 21 years of age the | | minimum age to purchase tobacco and tobacco products. |
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