§ 5342 — Possession of untaxed tobacco products

(a) Except as authorized by this chapter, a person who is not an affixing agent or does not hold a valid, unexpired exemption certificate may not possess within this State 10 or more packs or packages, or an equivalent unpackaged amount of tobacco products upon which the Delaware tobacco product tax has not been paid, or to which Delaware tobacco product tax stamps are not affixed in the amount required.

(b) Whenever any tobacco products are found at the place of business of a dealer, whether a stamp affixing agent or not, and the tobacco products do not have the proper amount of stamps affixed and cancelled, or it is determined that the Delaware tobacco product tax has not been paid on such tobacco products, and the boxes, cartons, or other containers have not been marked as having been received within 72 hours, such dealer may be fined not less than $100 nor more than $1,000, or imprisoned not more than 90 days, or both.

(c) Notwithstanding the provisions of subsection (b) of this section, any violation of § 5317(b) of this title is punishable as a violation of subsection (b) of this section, except that the Superior Court in and for the county in which any element of the offense occurred has exclusive original jurisdiction over offenses under this subsection.

Legislative History

30 Del. C. 1953, § 5342; 54 Del. Laws, c. 296, § 1 ; 55 Del. Laws, c. 277, § 2 ; 57 Del. Laws, c. 136, § 27 ; 67 Del. Laws, c. 280, § 3 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 336, § 1 ; 81 Del. Laws, c. 55, § 22