Maine Revised Statutes Title 36 Sec. 4404-A – Importation of tobacco products
Current as of: 2023 | Check for updates
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Generally. Except as provided in subsections 2 and 3, only a person licensed pursuant to section 4402 may import tobacco products into this State.
[PL 2005, c. 627, §11 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 36 Sec. 4404-A
- Distributor: means a person engaged in the business of producing or manufacturing tobacco products in this State for sale in this State, a person engaged in the business of selling tobacco products in this State who brings, or causes to be brought, into this State any tobacco products for sale to a retailer, a person engaged in the business of selling tobacco products who ships or transports tobacco products to retailers for sale in this State, a retailer who imports, receives or acquires, from a person other than a licensed distributor, tobacco products for sale within the State or a person who makes delivery sales. See Maine Revised Statutes Title 36 Sec. 4401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Manufacturer: means a person who manufactures and sells tobacco products. See Maine Revised Statutes Title 36 Sec. 4401
- Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
- Remote retail seller: means a person who makes a remote retail sale when:
A. See Maine Revised Statutes Title 36 Sec. 4401Retailer: means any person engaged in the business of selling tobacco products to ultimate consumers. See Maine Revised Statutes Title 36 Sec. 4401 Sale: includes a gift for advertising by a person engaged in the business of selling tobacco products. See Maine Revised Statutes Title 36 Sec. 4401 Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111 Tobacco products: means cigars; cheroots; stogies; electronic smoking devices and liquids used in electronic smoking devices whether or not they contain nicotine; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; snus; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means. See Maine Revised Statutes Title 36 Sec. 4401
2. Manufacturers. A manufacturer may transport tobacco products into this State and may transport tobacco products from place to place within this State in quantities greater than those excepted in subsection 3 for the purpose of marketing and sales if the sale or distribution of those tobacco products is accounted for and the taxes are paid by a person licensed pursuant to section 4402.
[PL 2007, c. 466, Pt. A, §64 (AMD).]
3. (TEXT EFFECTIVE UNTIL 1/01/24) Exception for personal use. A person who is not a licensed distributor may:
A. Import or transport tobacco products other than cigars into this State and transport those tobacco products from place to place within this State for personal use in a quantity not greater than one pound; or [PL 2007, c. 438, §103 (AMD).]
B. Import or transport cigars into this State and transport those cigars from place to place within this State for personal use in a quantity of no more than 125 cigars. [PL 2005, c. 627, §11 (NEW).]
Untaxed tobacco products imported or transported into this State in any quantity are subject to the tax imposed by section 4403.
[PL 2007, c. 438, §103 (AMD).]
3. (TEXT EFFECTIVE 1/01/24) Exception for personal use. A person who is not a licensed distributor or licensed remote retail seller may:
A. Import or transport tobacco products other than cigars into this State and transport those tobacco products from place to place within this State for personal use in a quantity not greater than one pound; or [PL 2007, c. 438, §103 (AMD).]
B. Import or transport cigars into this State and transport those cigars from place to place within this State for personal use in a quantity of no more than 125 cigars. [PL 2005, c. 627, §11 (NEW).]
Untaxed tobacco products imported or transported into this State in any quantity are subject to the tax imposed by section 4403.
[PL 2023, c. 441, Pt. E, §23 (AMD); PL 2023, c. 441, Pt. E, §28 (AFF).]
4. Evidence. The possession by a person who is not licensed pursuant to section 4402 of more than 125 cigars or one pound of other tobacco product for which the tax imposed by this chapter has not been paid is prima facie evidence of a violation of this section.
[PL 2005, c. 627, §11 (NEW).]
5. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime. [PL 2005, c. 627, §11 (NEW).]
B. A person who violates this section when the person has one or more prior convictions for violation of this section commits a Class D crime. Title 17?A, section 9?A governs the use of prior convictions when determining a sentence. [PL 2005, c. 627, §11 (NEW).]
[PL 2005, c. 627, §11 (NEW).]
(TEXT EFFECTIVE UNTIL 1/01/24) Violation of this section by a person other than a retailer is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. It is an affirmative defense to a prosecution under this section that a retailer, alleged to have imported tobacco products or caused tobacco products to be imported, reasonably relied on licensing information annually mailed to the retailer pursuant to section 4402, subsection 6 that listed the company from which the retailer obtained tobacco products as being a licensed distributor. [PL 2005, c. 627, §11 (NEW).]
(TEXT EFFECTIVE 1/01/24) Violation of this section by a person other than a retailer is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. It is an affirmative defense to a prosecution under this section that a retailer, alleged to have imported tobacco products or caused tobacco products to be imported, reasonably relied on licensing information provided by the assessor pursuant to section 4402, subsection 6 that listed the company from which the retailer obtained tobacco products as being a licensed distributor. [PL 2023, c. 441, Pt. E, §22 (AMD); PL 2023, c. 441, Pt. E, §28 (AFF).]
SECTION HISTORY
PL 2005, c. 627, §11 (NEW). PL 2007, c. 438, §103 (AMD). PL 2007, c. 466, Pt. A, §64 (AMD). PL 2023, c. 441, Pt. E, §§22, 23 (AMD). PL 2023, c. 441, Pt. E, §28 (AFF).