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MaineLD 1938132nd Maine Legislature (2025-2026)HouseWALLET

An Act Regarding the Regulation of Tobacco

Sponsored By: Matt Moonen (Democratic)

Became Law

MISCELLANEOUS TAXESMISCELLANEOUS TAXES - TOBACCO PRODUCTS TAX

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 2 costs, 4 mixed.

Old cigarette stock owes extra tax

Beginning January 5, 2026, anyone who had cigarettes for resale on September 19, 2005 owes the difference between 100 mills and 50 mills per cigarette. Apply the 50‑mill difference to the number of affected sticks. Packages from that date must have tax stamps, except for cigarettes that were in vending machines on that date.

Tobacco age 21 and stricter ID

Beginning January 5, 2026, no one may sell or give tobacco to anyone under 21. People who were at least 18 on July 1, 2018 are still allowed. Retailers must check a photo ID with birth date for anyone under 30. Sellers have an affirmative defense if they reasonably relied on a fake ID. Retailers and distributors may not give away tobacco for free.

Distributor markup cut, higher fines

Beginning January 5, 2026, sales by a cigarette distributor to a licensed wholesale dealer or to an operator of 15 or more vending machines no longer include the 2% distributor markup; they use the full trade discount only. Fines rise for importing or selling cigarettes at wholesale without a license: $500–$1,000 for a first violation and $1,000–$2,000 for a repeat violation, per occurrence.

Stricter tobacco licenses; vending sales banned

Starting January 5, 2026, you must hold a retail tobacco license to sell, keep for sale, or give away tobacco in trade. The state does not issue licenses that allow retail sales by vending machines. You must get a separate license and pay the fee for each store and each machine. If you hold more than one license, a court can apply a revocation to any of your locations or machines. Seasonal mobile vendors can buy one annual license for two or more listed fairs; it must list each event, dates, and any machines, and the department sends this to the Attorney General.

Vaping treated the same as smoking

Starting January 5, 2026, the law treats using an electronic smoking device as smoking. Devices include e‑cigarettes, vape pens, and similar products. Vaping is banned where smoking is banned.

Broader tax rules for e-devices and vending

Starting January 5, 2026, the tax code’s definition of electronic smoking device expands to cover devices that deliver nicotine or any other substance by vapor or aerosol. "Place of business" for tobacco rules includes vehicles, vessels, planes, trains, and vending machines. Subsection 3 of 36 MRSA §4365‑F is repealed; affected businesses should review any changed duties.

Two outdated tobacco sections repealed

On January 5, 2026, paragraph H of 22 MRSA §1542(2) and 22 MRSA §1553‑A are repealed. These deletions remove those text sections. Actual effects depend on what those provisions required and any updated agency rules.

Sponsors & Cosponsors

Sponsor

  • Matt Moonen

    Democratic • House

Cosponsors

  • Amy Kuhn

    Democratic • House

  • Anne Graham

    Democratic • House

  • Henry L. Ingwersen

    Democratic • Senate

  • Michele Meyer

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 367

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    6/16/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/16/2025House

  4. On motion by Senator INGWERSEN of York Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-676) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-676), in concurrence.Ordered sent down forthwith.

    6/13/2025Senate

  5. Reports READ.On motion of Representative MEYER of Eliot, the Majority Ought to Pass as Amended Report was ACCEPTED.The Bill was READ ONCE.Committee Amendment "A" (H-676) was READ and ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-676). Sent for concurrence. ORDERED SENT FORTHWITH.

    6/13/2025House

  6. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES in concurrence

    5/6/2025Senate

  7. Committee on Health and Human Services suggested and ordered printed. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.Sent for concurrence. ORDERED SENT FORTHWITH.

    5/6/2025House

Bill Text

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