1. 1. Generally Except as provided in subsection 2, only a licensed distributor may import unstamped cigarettes into this State.

   [PL 2007, c. 438, §96 (AMD).]

2. 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.

   [PL 2007, c. 438, §96 (AMD).]

3. 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.

   [PL 2007, c. 438, §96 (AMD).]

4. 4. Penalties The following penalties apply to violations of this section. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.

   1. A. A person who violates this section commits a Class E crime.

      [PL 2003, c. 452, Pt. U, §14 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

   2. 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 2003, c. 452, Pt. U, §14 (NEW); PL 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.

   [PL 2003, c. 452, Pt. U, §14 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

PL 1997, c. 458, §10 (NEW). PL 1997, c. 668, §27 (AMD). PL 2003, c. 452, §U14 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 438, §96 (AMD).