Sec. 1. 28-A MRSA §2088 is enacted to read:

§2088.__Vaporized alcohol

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Alcohol vaporizing device" means any device, machine or process that mixes an alcoholic product with pure oxygen or another gas to produce vaporized alcohol for the purpose of consumption through inhalation.

B. "Vaporized alcohol" means an alcoholic product created by mixing alcohol with pure oxygen or another gas to produce a vaporized product for the purpose of consumption through inhalation.

2. Prohibition.__A person may not use, sell, furnish, give away, possess or offer to sell, furnish or give away vaporized alcohol or an alcohol vaporizing device.

3. Penalties.__A person who:

A.__Uses vaporized alcohol or an alcohol vaporizing device in violation of subsection 2 commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged for a first offense and a fine of not less than $500 and not more than $3,000 must be adjudged for a 2nd or subsequent offense.__In addition to a fine ordered under this subsection, a court may make additional orders as described in Title 22, section 2383-C, subsection 6.

B. Who sells, furnishes, gives away, possesses or offers to sell, furnish or give away vaporized alcohol or an alcohol vaporizing device in violation of subsection 2 commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged.__A person who commits a 2nd or subsequent offense under this paragraph commits a Class E crime for which a fine of not less than $1,000 and not more than $5,000 must be adjudged, and, if the person is a licensee under chapter 19, 43 or 45, the court may suspend the person's license for up to one year.

SUMMARY

This bill prohibits selling, furnishing, giving away, using, possessing and offering to sell, furnish or give away vaporized