Oregon Revised Statutes

Or. Rev. Stat. § 180.440 (2026)

Prohibited conduct; penalty

✓ current as of May 2026

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180.440 Prohibited conduct; penalty. (1) A person may not:

(a) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425;

(b) Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425; or

(c) Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction.

(2) A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor.

(3) A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 §11; 2009 c.70 §1; 2019 c.240 §3]

Note: See note under 180.400.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: State v. Maybee, 232 P.3d 970 (Or. Ct. App. 2010).

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State v. Maybee, 232 P.3d 970 (Or. Ct. App. 2010). · cites it 30× “Defendant’s interpretation is contrary to the language and statutory framework of ORS 180.440 and the entire Complementary Act.”

— Or. Rev. Stat. § 180.440(1) — 1 case

State v. Maybee, 232 P.3d 970 (Or. Ct. App. 2010). “Defendant’s interpretation is contrary to the language and statutory framework of ORS 180.440 and the entire Complementary Act.”

— Or. Rev. Stat. § 180.440(2) — 1 case

State v. Maybee, 232 P.3d 970 (Or. Ct. App. 2010). “Defendant’s interpretation is contrary to the language and statutory framework of ORS 180.440 and the entire Complementary Act.”

— Or. Rev. Stat. § 180.440(l)(b) — 1 case

State v. Maybee, 232 P.3d 970 (Or. Ct. App. 2010). “Defendant’s interpretation is contrary to the language and statutory framework of ORS 180.440 and the entire Complementary Act.”

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