A. A person shall not distribute stamped packages of cigarettes for resale or sell stamped packages of cigarettes at wholesale without first obtaining a distributor's license from the department.

B. A person licensed to distribute cigarettes is authorized to:

1. (1) receive unstamped packages of cigarettes from a manufacturer or a distributor;
2. (2) purchase tax stamps and receive tax-exempt stamps and tax-credit stamps from the department;
3. (3) affix tax stamps, tax-credit stamps or tax-exempt stamps to unstamped packages of cigarettes;
4. (4) sell stamped packages of cigarettes to a retailer for resale or to a distributor; and
5. (5) sell unstamped packages of cigarettes to a person licensed to distribute cigarettes outside of New Mexico or to a distributor.

History: Laws 2006, ch. 91, § 8; 2009, ch. 197, § 15; 2010 (2nd S.S.), ch. 5, § 10.

ANNOTATIONS

The 2010 (2nd S. S.) amendment, effective July 1, 2010, in Subsection B(2), after "tax-exempt stamps", added "tax-credit stamps"; and in Subsection B(3), after "affix tax stamps", added "tax-credit stamps".

The 2009 amendment, effective July 1, 2009, in Paragraphs (1), (4) and (5) of Subsection B, at the end of the sentence, added "or to a distributor".