§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. [PL 2005, c. 259, §1 (NEW).]
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. [PL 2005, c. 259, §1 (NEW).]
[PL 2005, c. 259, §1 (NEW).]
2. Use prohibited. A person may not use vaporized alcohol or an alcohol vaporizing device.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged. [PL 2005, c. 259, §1 (NEW).]
B. A person who violates this subsection after having been previously adjudicated as violating this subsection commits a civil violation for which a fine of not less than $500 and not more than $3,000 must be adjudged. [PL 2005, c. 259, §1 (NEW).]
In addition to a fine imposed under this subsection, a court may make additional orders as described in Title 22, section 2383-C, subsection 6.
[PL 2005, c. 259, §1 (NEW).]
3. Selling or furnishing prohibited. A person may not sell, furnish or give away or offer for sale or offer to furnish or give away vaporized alcohol or an alcohol vaporizing device.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged. [PL 2005, c. 259, §1 (NEW).]
B. A person who violates this subsection after having been previously adjudicated as violating this subsection commits a Class E crime for which a fine of not less than $1,000 and, notwithstanding Title 17-A, section 1704, subsection 5 and section 1705, subsection 5, not more than $5,000 must be imposed. In addition to a fine imposed under this subsection, if the person is a licensee under chapter 19, 43 or 45, the court may suspend that person's license for up to one year. A violation under this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4‑A. [PL 2019, c. 113, Pt. C, §71 (AMD).]
[PL 2019, c. 113, Pt. C, §71 (AMD).]
4. Exceptions. This section does not apply to vaporized alcohol or alcohol vaporizing devices used for medical or scientific research.
[PL 2005, c. 259, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 259, §1 (NEW). PL 2019, c. 113, Pt. C, §71 (AMD).
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