Montana Code 16-11-133. Sale and use of cigarettes without insignia unlawful
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.
Terms Used In Montana Code 16-11-133
- Cigarette: means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(i)any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(ii)tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or
(iii)any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i). See Montana Code 16-11-102
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
- Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.