Home / Browse / Ch. 245 / §245-37

§245-37

Sale or purchase of packages of cigarettes without stamps; fines and penalties

Tobacco · Chapter 245 — Cigarette Tax and Tobacco Tax Law · Part II. Stamping of Cigarettes

(a) Beginning April 1, 2001, a person shall be guilty of a class C felony if the person:

     (1)  Is not a licensee, and knowingly possesses, keeps, stores, acquires, or transports three thousand or more cigarettes that do not have stamps affixed to the cigarette packages as required by this part; or

     (2)  Knowingly sells one thousand or more cigarettes that do not have stamps affixed to the cigarette packages as required by this part.

     (b)  Beginning April 1, 2001, a person shall be guilty of a misdemeanor if the person:

     (1)  Is not a licensee, and knowingly possesses, keeps, stores, acquires, or transports one thousand or more cigarettes that do not have stamps affixed to the cigarette packages as required by this part; or

     (2)  Knowingly sells less than one thousand cigarettes that do not have stamps affixed to the cigarette packages as required by this part.

     (c)  In addition to any other authorized disposition, a corporation found in violation of:

     (1)  Subsection (a) is subject to a fine in an amount not to exceed $50,000; and

     (2)  Subsection (b) is subject to a fine in an amount not to exceed $25,000. [L 2000, c 249, pt of §1, §20(2); am L 2002, c 94, §3]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2000, c 249, pt of §1, §20(2); am L 2002, c 94, §3]