7-12-3. Excise tax on cigarettes; rates.
A. For the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at the following rates for each cigarette sold, given or consumed in this state:
(1) eight and three-tenths cents ($.083) if the cigarettes are packaged in lots of twenty or twenty-five;
(2) sixteen and six-tenths cents ($.166) if the cigarettes are packaged in lots of ten; or
(3) thirty-three and two-tenths cents ($.332) if the cigarettes are packaged in lots of five.
B. The tax imposed by this section shall be referred to as the "cigarette tax".