Sec. 11. 36 MRSA §§4404-A, 4404-B and 4404-C are enacted to read:

§4404-A.__Importation of tobacco products

1.__Generally.__Except as provided in subsections 2 and 3, only a person licensed pursuant to section 4402 may import tobacco products into this State.

2.__Manufacturers.__A manufacturer may transport tobacco products into this State and may transport tobacco products from place to place within this State in quantities greater than those excepted in section 3 for the purpose of marketing and sales if the sale or distribution of those tobacco products is accounted for and the taxes are paid by a person licensed pursuant to section 4402.

3.__Exception for personal use.__A person who is not a licensed distributor may transport tobacco products into this State and may transport tobacco products from place to place within this State for personal use in a quantity not greater than 50 cigars or one pound of other tobacco product.

4.__Evidence.__The possession by a person who is not licensed pursuant to section 4402 of more than 50 cigars or one pound of other tobacco product for which the tax imposed by this chapter has not been paid is prima facie evidence of a violation of this section.

5.__Penalties.__The following penalties apply to violations of this section.

A.__A person who violates this section commits a Class E crime.

B.__A person who violates this section when the person has one or more prior convictions for violation of this section commits a Class D crime. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

Violation of this section by a person other than a retailer is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.__It is an affirmative defense to a prosecution under this section that a retailer, alleged to have imported tobacco products or caused tobacco products to be imported, reasonably relied on licensing information annually mailed to the