16-11-132. Unlawful to sell cigarettes without valid license -- exceptions. (1) A person may not sell, offer to sell, or possess with intent to sell any cigarettes, at wholesale or retail, unless the person's license is current and valid under the provisions of this part.
     (2) A person may not sell, offer to sell, or possess with intent to sell any cigarettes, at wholesale or retail, to a resident or nonresident wholesaler, subjobber, or retailer who is not licensed under this part or who is not licensed by the state in which the person sells, offers to sell, or intends to sell cigarettes. However, a wholesaler, subjobber, or retailer licensed under the provisions of this chapter may sell cigarettes to any person, wholesaler, subjobber, or retailer not licensed under this chapter if:
     (a) the person, wholesaler, subjobber, or retailer is exempt from state cigarette taxation provisions;
     (b) the person, wholesaler, subjobber, or retailer furnishes documentary evidence of exemption from state cigarette taxation provisions; and
     (c) the person, wholesaler, subjobber, or retailer signs a receipt of purchase for any cigarettes evidencing an exemption from state cigarette taxation provisions.
     (3) A person violating the provisions of this section is guilty of a misdemeanor and shall be punished as provided in this part, and all cigarettes in the person's possession must be seized and forfeited to the state.

     History: En. Sec. 8, Ch. 140, L. 1969; amd. Sec. 1, Ch. 319, L. 1973; R.C.M. 1947, 84-5606.9; amd. Sec. 3, Ch. 382, L. 1979; amd. Sec. 22, Ch. 578, L. 1995.