(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.
(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.