Book A

Section: Foundations and Basic Commitments

Title: Tobacco Use and Possession

Code: ADC

Status: Active

Adopted: April 6, 2006

Last Revised: October 29, 2019

Prior Revised Dates: 5/3/2015

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TOBACCO USE AND POSSESSION

In order to promote the health, welfare and safety of students, staff and visitors and to promote the cleanliness of all facilities, the Portland Board of Public Education (the Board) prohibits smoking and all other use of tobacco products, including electronic smoking devices, in school buildings, on school property (including during public events and when school is not in session), on school buses or in any other School Department vehicle, at all times and by all persons.

“Electronic smoking device” means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.

Students are further prohibited from possessing, selling, distributing or dispensing tobacco products or electronic smoking devices at all times on school property, in school buses or other vehicles used to transport students, and during school-sponsored events and activities, wherever they take place.

Employees and all other persons are also strictly prohibited, under law and Board policy, from selling, distributing or in any way dispensing tobacco products or electronic smoking devices to students. Employees may not use tobacco products or electronic smoking devices at any time while supervising students, whether on or off school property.

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Legal

Portland City Code Chapter 17, Article V (Offenses, Miscellaneous Provisions)(Regulation of Tobacco)

20 USC 6081-6084 (Pro-Children Act of 1994)

Me. PL 470 (An Act to Reduce Tobacco Use By Minors)

22 MRSA §§ 1578(B), 1580(A)(3)