Maine · Through January 1, 2026

22 M.R.S. §1554-B: Sale without valid license; multiple violations; penalties

1.  (TEXT EFFECTIVE UNTIL 1/05/26) License required.  A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.
1.  (TEXT EFFECTIVE 1/05/26) License required.  A person may not engage in retail tobacco sales in the ordinary course of trade in this State without a valid license issued under subchapter 1.
2.  Penalties.  The following penalties apply to violations of this section.
A.  A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs.  The fine and costs may not be suspended.  The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.
B.  A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs.  The fine and costs may not be suspended.  The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.
C.  A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days.  The fine, court costs and term of imprisonment may not be suspended.  The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.
3.  Strict liability.  Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
4.  Prior convictions.  Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.

Where this section sits in the code

TITLE 22: HEALTH AND WELFARE
SUBTITLE 2: HEALTH
PART 3: PUBLIC HEALTH
CHAPTER 262-A: RETAIL TOBACCO SALES
SUBCHAPTER 2: PROHIBITED SALES, POSSESSION AND USE

1. (TEXT EFFECTIVE 1/05/26) License required. A person may not engage in retail tobacco sales in the ordinary course of trade in this State without a valid license issued under subchapter 1.

2. Penalties. The following penalties apply to violations of this section.

A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.

B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.

C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.

4. Prior convictions. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.

Collected 2026-09-04T15:12:31Z. Source file · JSON

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