Donation Gift

[Michibacy]

My business doesn't sell/manufacture processed tobacco, that being said, as a gift for someone's donation, would I be able to give them a sample of my personal processed tobacco?

I've read the law, I just don't find anything for non-manufacturers or retail stores not selling processed tobacco.

Any US law cites would be great, thanks all!

 

[johnlee1933]

My business doesn't sell/manufacture processed tobacco, that being said, as a gift for someone's donation, would I be able to give them a sample of my personal processed tobacco?

I've read the law, I just don't find anything for non-manufacturers or retail stores not selling processed tobacco.

Any US law cites would be great, thanks all!

I am not am attorney. This looks to me to be a thinly disguised way to sell tobacco. I would hazard a guess you'd get the AFT (or equivalent tax people) down on you in a hurry.

 

[Michibacy]

That's what I'd be afraid of them thinking, in all reality it would be just to let people sample what homegrown tobacco is like, without getting every tom-dick-and-here asking for a sample..., while also promoting my business.

 

[AmaxB]

Could be mistaken but think you can give em a smoke to try.

 

[AmaxB]

Should add no $$ involved

 

[johnlee1933]

That's what I'd be afraid of them thinking, in all reality it would be just to let people sample what homegrown tobacco is like, without getting every tom-dick-and-here asking for a sample..., while also promoting my business.

I think you could get away with samples but any mention of "donation" would get their attention. Remember with free samples you can pick and choose who gets them and who does not and the offer could be "terminated" at any time. Still I think there are only marginal benefits and the distinct possibility of litigation if someone got pissy.

With free samples you have to be careful of whose attention you attract.

 

[AmaxB]

I am not am attorney. This looks to me to be a thinly disguised way to sell tobacco. I would hazard a guess you'd get the AFT (or equivalent tax people) down on you in a hurry.

I agree with this the minute you move from (your personal processed) to business a tax and permit would be needed if stem has been removed. Would be better just to give a few leaves as bonus for a buy and ask them to tell a friend.

 

[johnlee1933]

I agree with this the minute you move from (your personal processed) to business a tax and permit would be needed if stem has been removed. Would be better just to give a few leaves as bonus for a buy and ask them to tell a friend.

I like that.

 

[AmaxB]

I think you could get away with samples but any mention of "donation" would get their attention. Remember with free samples you can pick and choose who gets them and who does not and the offer could be "terminated" at any time. Still I think there are only marginal benefits and the distinct possibility of litigation if someone got pissy.

With free samples you have to be careful of whose attention you attract.

Very true
How it is done and why is the factor

 

[Michibacy]

As a note, I honestly wouldn't be wanting to make profit off of the tobacco. I don't think there is room for a little company like mine to even begin to sell processed tobacco. I don't have enough property, enough employees or enough PR. I'd be looking to gather donations to help research tobacco conducted by my business, I figure it'd be a treat to give them a sample. I like your idea Johnlee, having a completely free program with limitations may be better to do. And the thank-you wouldn't just be a tobacco product, I could come up with a lot of stuff besides that (other products I sell, not anything federally illegal )

 

[johnlee1933]

As a note, I honestly wouldn't be wanting to make profit off of the tobacco. I don't think there is room for a little company like mine to even begin to sell processed tobacco. I don't have enough property, enough employees or enough PR. I'd be looking to gather donations to help research tobacco conducted by my business, I figure it'd be a treat to give them a sample. I like your idea Johnlee, having a completely free program with limitations may be better to do. And the thank-you wouldn't just be a tobacco product, I could come up with a lot of stuff besides that (other products I sell, not anything federally illegal )

You might have a problem convincing the cynics of that.

 

[Michibacy]

Yeah, I don't have enough money to offer them like Morris or Reynolds

 

[Jitterbugdude]

I believe what you are proposing is illegal. For instance, you can do a favor for a girl and if she decides to "donate" her time to you in the back seat of your car the law calls that prostitution. No money was exchanged but you received sex for you helping her. Same goes with tobacco. If you "give" processed tobacco away ( that the gov't has not taxed ) and you receive something in exchange the law will look at that as tax evasion.... assuming you get caught. The way the gov't is now with tobacco you'd be better off getting caught in the car!

 

[Michibacy]

Good analogy, hadn't thought of it that way. Damn, I keep noticing how capitalism has gone out the door. Oh well, nice thought when it lasted

 

[DonH]

I think it is even illegal to give away processed tobacco.

 

[Michibacy]

Sometimes my shipping department accidentally grabs/ships the wrong item

 

[AmaxB]

I believe what you are proposing is illegal. For instance, you can do a favor for a girl and if she decides to "donate" her time to you in the back seat of your car the law calls that prostitution. No money was exchanged but you received sex for you helping her. Same goes with tobacco. If you "give" processed tobacco away ( that the gov't has not taxed ) and you receive something in exchange the law will look at that as tax evasion.... assuming you get caught. The way the gov't is now with tobacco you'd be better off getting caught in the car!

Really like the way this was said

 

[leverhead]

Most of those kind of (good) girls will tell you the consideration is only for their time and companionship.

 

[AmaxB]

I think it is even illegal to give away processed tobacco.

If I make a smoke for a party interested in a tobacco that would be like a camel cig and say try this see if ya like it (with out expectation or exchange) I don't think it is. Now if I say try this but I need 3 cents to cover the cost it is. If I give the party a pound for a pound of Fish it is if you are a business. There must be a predetermined exchange involved unless the party in a minor of coarse. So I help a lady out with no expectation of a return, is it than prostitution if she shows me a good time a week later?
Just my thought.......

 

[johnlee1933]

If I make a smoke for a party interested in a tobacco that would be like a camel cig and say try this see if ya like it (with out expectation or exchange) I don't think it is. Now if I say try this but I need 3 cents to cover the cost it is. If I give the party a pound for a pound of Fish it is if you are a business. There must be a predetermined exchange involved unless the party in a minor of coarse. So I help a lady out with no expectation of a return, is it than prostitution if she shows me a good time a week later?
Just my thought.......

I think you are asking if it's a crime. I say it depends on how good the time was. (Fraud is a nasty thing.)