Sec. 3. 22 MRSA §1555-B, sub-§5, as amended by PL 1997, c. 578, §1, is further amended to read:

5. Possession and use of cigarettes, cigarette papers or tobacco products; use of false identification by persons under specified age prohibited. Except as provided in paragraph A, a person under 18 years of the age specified in subsection 2 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.

A. A person under 18 years of the age specified in subsection 2 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.

Sec. 4. 22 MRSA §1555-B, sub-§§6 and 10, as enacted by PL 1997, c. 305, §5, are amended to read:

6. Display of prohibition of sales to persons under specified age. A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons under 18 years of the age specified in subsection 2. Notices must be publicly and conspicuously displayed in the dealer's or distributor's place of business in letters at least 3/8 inches inch in height. Signs required by this section may be provided at cost by the department.

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 years of the age specified in subsection 2 in reasonable reliance upon a fraudulent proof of age presented by the purchaser.

SUMMARY

This bill raises the minimum age to purchase tobacco and tobacco products from 18 years of age to 19 years of age beginning January 1, 2004, to 20 years of age beginning January 1, 2005 and to 21 years of age beginning January 1, 2006.