Maine state law: consumer fireworks (8 MRS § 221-A)

Per 8 MRS § 221-A, "Consumer fireworks" means a product that meets the definition for consumer fireworks set forth in 27 Code of Federal Regulations, Section 555.11 and that has been tested and certified by a 3rd-party testing laboratory as conforming with United States Consumer Product Safety Commission standards in 16 Code of Federal Regulations, Parts 1500 and 1507 and American Pyrotechnics Association Standard 87-1. The statute expressly EXCLUDES from the lawful-consumer-fireworks category: missile-type rockets; helicopters and aerial spinners; sky rockets; and bottle rockets (defined as cylindrical tubes containing not more than 20 grams of chemical composition with a wooden stick attached). Consumer fireworks (ground-based fountains, hand-held sparklers, novelty items, and limited reloadable shells meeting the federal-CFR definition) are lawful for purchase and use by persons 21 years of age or older anywhere in Maine UNLESS the municipality has adopted an ordinance prohibiting or restricting them under 30-A MRS § 3001 home-rule authority. A large minority of Maine municipalities — including Portland, Bangor, Augusta, Brunswick, Scarborough, and South Portland — have enacted local consumer-fireworks bans. The Maine State Fire Marshal licenses retail sale. A 2021 amendment to 17-A MRS § 501-A specifically added consumer-fireworks discharge to the basis for criminal disorderly conduct: lit consumer-fireworks producing "loud and unreasonable noise" can be charged as Class E disorderly conduct independent of the fireworks-possession question.

Possession, sale, or use of NON-consumer fireworks (display fireworks, sky rockets, bottle rockets) is a Class D crime under 8 MRS § 223 with up to 364 days jail and $2,000 fine. Underage possession or use is a civil violation. Disorderly-conduct fireworks-noise charges under 17-A § 501-A are Class E (up to 6 months jail, $1,000 fine). Local-ordinance violations typically carry $100-$500 civil fines.