16-11-133. Sale and use of cigarettes without insignia unlawful. (1) Unless approved by the department, a person who sells any package of cigarettes that does not bear the insignia required by this part and a person who uses or consumes a cigarette within this state, taken from a package that does not bear the required insignia, is guilty of a misdemeanor and is subject to the penalties in 16-11-148.
(2) This section may not be construed to prohibit a natural person from physically transporting into the state of Montana for the person's own personal consumption or use, a maximum of:
(a) 600 cigarettes that bear the tax insignia of another state; or
(b) 30 ounces of tobacco products, other than cigarettes, on which the tobacco taxes of another state have been paid.
History: En. Sec. 17, Ch. 140, L. 1969; amd. Sec. 12, Ch. 126, L. 1977; R.C.M. 1947, 84-5606.18; amd. Sec. 4, Ch. 382, L. 1979; amd. Sec. 23, Ch. 578, L. 1995; amd. Sec. 19, Ch. 511, L. 2005.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 11. Taxation of Tobacco Products
Part 1. Tax on Tobacco Products
16-11-103. Powers of department
16-11-104. Carriers to report shipments -- penalties
16-11-105. Rulemaking authority of department of justice
16-11-106. Regular and systematic solicitation of business -- compliance with chapter
16-11-107. Secretary of state as process agent for unlicensed person doing business in state
16-11-112. Tax on ultimate consumer
16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps
16-11-116. Resale of insignia prohibited -- rebate
16-11-117. When payment for insignia due
16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers
16-11-119. Disposition of taxes -- statutory appropriation
16-11-120. Tobacco product licenses
16-11-121. Vending machines not places of business
16-11-122. License fees -- renewal
16-11-124. Disposition of license fees
16-11-125. Licensure as both wholesaler and retailer allowed
16-11-126. Joint and several liability
16-11-128. Tobacco product sales reporting requirements
16-11-132. Unlawful to sell tobacco products without valid license -- exceptions
16-11-133. Sale and use of cigarettes without insignia unlawful
16-11-134. Forged license stamp or insignia
16-11-135. through 16-11-140 reserved
16-11-141. Powers of arrest -- search and seizure
16-11-142. Duties of county attorneys and peace officers
16-11-143. Penalty and interest for unpaid tobacco product tax
16-11-144. Revocation or suspension of license
16-11-145. Place where violations committed considered public nuisance
16-11-146. Penalty for forged license stamp or insignia
16-11-147. Seizure and forfeiture of property used in transporting contraband
16-11-148. Penalties and other remedies
16-11-149. Hearings before department
16-11-150. Appeal to district court
16-11-151. through 16-11-154 reserved
16-11-156. Stamps affixed on cigarettes -- exception
16-11-159. Forfeiture of contraband and property used in transporting contraband