An Act To Enact Restrictions on Electronic Smoking Devices and New Tobacco Products

Sec. 1. 22 MRSA c. 249  is enacted to read:

CHAPTER 249

ELECTRONIC SMOKING DEVICES AND NEW TOBACCO PRODUCTS

SUBCHAPTER 1

ELECTRONIC SMOKING DEVICES

§ 791.  Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

§ 792.  Electronic smoking devices and nicotine liquid prohibited

§ 793.  Sales of electronic smoking devices and nicotine liquid by tobacco retailers

§ 794.  Sales of electronic smoking devices under the Maine Medical Use of Marijuana Act

Nothing in this subchapter limits a registered dispensary, as defined in section 2422, subsection 6, from selling, furnishing, giving away or offering to sell, furnish or give away electronic smoking devices as part of and in accordance with the registered dispensary's authorized activities under chapter 558-C.

§ 795.  Sales of electronic smoking devices under the Marijuana Legalization Act

SUBCHAPTER 2

NEW TOBACCO PRODUCTS

§ 796.  Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

§ 797.  New tobacco products prohibited

§ 798.  Sales of new tobacco products by tobacco retailers

Sec. 2. 22 MRSA §1551, sub-§1-E  is enacted to read:

Sec. 3. 22 MRSA §1553-B  is enacted to read:

§ 1553-B.  Electronic smoking devices

A person may not sell, furnish, give away or offer to sell, furnish or give away an electronic smoking device or nicotine liquid except as permitted under chapter 249, subchapter 1.

Sec. 4. 22 MRSA §1560-B, sub-§2,  as enacted by PL 2015, c. 288, §1, is amended to read:

Sec. 5. 22 MRSA §2422, sub-§3-D  is enacted to read:

Sec. 6. 22 MRSA §2430-I  is enacted to read:

§ 2430-I.  Electronic smoking devices

A person may not sell, furnish, give away or offer to sell, furnish or give away an electronic smoking device except as permitted under chapter 249, subchapter 1.

Sec. 7. 28-B MRSA §102, sub-§16-A  is enacted to read:

Sec. 8. 28-B MRSA §504, sub-§2, ¶C,  as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:

Sec. 9. 28-B MRSA §504, sub-§2, ¶D,  as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:

Sec. 10. 28-B MRSA §504, sub-§2, ¶E  is enacted to read:

Sec. 11. 36 MRSA §4401, sub-§9,  as amended by PL 2019, c. 530, Pt. A, §2 and affected by §7, is further amended to read:

SUMMARY

This bill accomplishes the following. It:

1. Generally prohibits selling, furnishing, giving away or offering to sell, furnish or give away electronic smoking devices and nicotine liquid;

2. Allows a registered dispensary under the Maine Medical Use of Marijuana Act to continue to sell electronic smoking devices as part of its authorized activity as a dispensary;

3. Allows tobacco retailers to sell electronic smoking devices and nicotine liquid after the Department of Health and Human Services has adopted governing rules. These rules are permitted only after the United States Department of Health and Human Services, Food and Drug Administration approves the use of electronic smoking devices as an evidence-based tobacco cessation strategy and promulgates regulations relating to the manufacture, testing, sale and use of the devices and the federal Secretary of Health and Human Services issues an order authorizing the devices to be introduced or delivered for introduction into interstate commerce;

4. Allows marijuana stores to sell electronic smoking devices after the Department of Administrative and Financial Services adopts rules governing the sale of the devices by a marijuana store. The rules may be adopted only after the federal Secretary of Health and Human Services issues an order authorizing the devices to be introduced or delivered for introduction into interstate commerce; and

5. Prohibits the sale of other new tobacco products until the Department of Health and Human Services adopts rules governing their sale. The rules governing a new tobacco product may be adopted only after the federal Secretary of Health and Human Services issues an order authorizing the new product to be introduced or delivered for introduction into interstate commerce.