Section 4366-B - Importation of unstamped cigarettes1.Generally. Except as provided in subsection 2, only a licensed distributor may import unstamped cigarettes into this State. [2007, c. 438, §96(AMD).]
2.Exception for personal use. An individual who is not a licensed distributor may transport cigarettes into this State and may transport cigarettes from place to place within this State for the individual's personal use in a quantity not greater than 2 cartons. [2007, c. 438, §96(AMD).]
3.Evidence. The possession of more than 2 cartons of unstamped cigarettes by a person who is not a licensed distributor is prima facie evidence of a violation of this section. [2007, c. 438, §96(AMD).]
4.Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a Class E crime. [2003, c. 452, Pt. U, §14(NEW); 2003, c. 452, Pt. X, §2(AFF).]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. [2003, c. 452, Pt. U, §14(NEW); 2003, c. 452, Pt. X, §2(AFF).] Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. U, §14(RPR); 2003, c. 452, Pt. X, §2(AFF).]
1997, c. 458, § 10 (NEW) . 1997, c. 668, § 27 (AMD) . 2003, c. 452, §U14 (AMD) . 2003, c. 452, §X2 (AFF) . 2007, c. 438, § 96 (AMD) .