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(46%) There should have been a warning or lesser penalty

This is because e-cigs were only invented in 2003 by a Chinese pharmacist, while tobacco has been around for centuries

A person was reckless in the context of this offence if he or she knew there was a substantial risk the tobacco products had been imported with the intention of defrauding the Commonwealth of revenue, and, having regarding to the circumstances known to the person, it was unjustifiable to take that risk, but he or she proceeded with the conduct regardless

How do you know someone's using it

Regular tap water often containers chemicals that can generate mold or alter the taste of your cigars if left in storage for too long