Growing Tobacco on leased land?
- Thread starter irving
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USHOG
Well-Known Member
What part of the world do you live? And welcome to FTT
ChinaVoodoo
Moderator
Irving, I haven't read anything that specifically talks about this, but this is what I personally read in. Firstly, your 15kg is cured tobacco. So if you're just growing it on the lease, there should be no concerns, unless if you are also curing it on site. Secondly, you've leased the land, and so long as you are doing everything legally, the owner has no responsibility. I would suggest that if the owner has concerns, make it explicit in writing that the crop is yours.
In theory, if you were breaking the law, and he knew, he would bear some responsibility, but that's not the case.
I'm in Edmonton. If you're near, I'd be interested in learning about your lease. Cost, location, irrigation and stuff. Half my crop is going to be on a friend's acreage. Maybe a cooperative lease might be a good idea in the future.
In theory, if you were breaking the law, and he knew, he would bear some responsibility, but that's not the case.
I'm in Edmonton. If you're near, I'd be interested in learning about your lease. Cost, location, irrigation and stuff. Half my crop is going to be on a friend's acreage. Maybe a cooperative lease might be a good idea in the future.
ChinaVoodoo
Moderator
Even if multiple people grew on the same land, if they cured the tobacco at separate residences, there would be no grounds to question whether someone is over the 15kg limit.
On a related note, I don't know the ratio. A more experienced grower would certainly know, but I'd estimate, not including stalks, my pound and a half last year probably came from 30 pounds of green leaf.
On a related note, I don't know the ratio. A more experienced grower would certainly know, but I'd estimate, not including stalks, my pound and a half last year probably came from 30 pounds of green leaf.
An "average" plant will yield 4 oz of cured leaf. So for 15kg you'd need to plant about 130-150 plants assuming you are not planting Turkish. If I remember correctly tobacco looses 80% of its weight from green leaf to cured.
Welcome. here is the Canada excise tax site, check section 25, paragraph 3, subsection b. The words reside and manufacture are used but not the word grow. If I am reading this right how much you grow does not come into play. But I have been wrong before.
http://laws-lois.justice.gc.ca/eng/acts/E-14.1/page-7.html#h-15
http://laws-lois.justice.gc.ca/eng/acts/E-14.1/page-7.html#h-15
ChinaVoodoo
Moderator
Unfortunately, the definitions section http://laws-lois.justice.gc.ca/eng/acts/E-14.1/page-1.html#docCont
Does not define "resides". It would make sense to me if you owned agricultural land adjacent, or further, on a separate section from your house, you could grow. That seems to be the spirit of the rule. But maybe I'm just interpreting the law to my advantage. Leasing offers the same privileges as ownership when it comes to residence, so i can't see it any different. One must find the legal definition of "reside"
Does not define "resides". It would make sense to me if you owned agricultural land adjacent, or further, on a separate section from your house, you could grow. That seems to be the spirit of the rule. But maybe I'm just interpreting the law to my advantage. Leasing offers the same privileges as ownership when it comes to residence, so i can't see it any different. One must find the legal definition of "reside"
ChinaVoodoo
Moderator
Excerpt from: www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/pdf/rhro_cl.pdf
“Residence”, unlike “domicile” is not an exclusive concept so that a person may be resident in
more than one jurisdiction at the same time.19 At its simplest level, residence implies that a
person is living in a jurisdiction: eating, sleeping, and working in that place. A person may
“reside” in a place even if he or she is not physically present there from time to time.
I guess it all comes down to how you interpret the law. I reside in saskatchewan but my domicile would be Canada.
ChinaVoodoo
Moderator
I interpret the intent of that section of the act to be to regulate personal use in such a way that it is illegal for someone else to grow the tobacco, cure it, then give it to you to manufacture. Therefore, you can only manufacture tobacco that was grown on land that you either live at, laboured at, or were otherwise involved with In a manner that isn't merely transient.
A lease would qualify. As would property of family, friend, a company, a church, etc, so long as you resided there in the sense of, you either slept, ate, or worked
Good luck
DonH
Well-Known Member
15 kg is way more than most people can smoke in a year. I would be surprised if they didn't mean dry weight of tobacco leaf in the law.
ChinaVoodoo
Moderator
15kg is not too far from 2 packs of cigarettes per day. 0.9g per cigarette x 20cigarettes per pack= 18g per pack x2 packs per day = 36g per day x 365days = 13140g x 1kg/1000g = 13.140kg. Minus stems, and you've probably come a little short, which would be good, because 2 packs a day is excessive.
But I'm guessing that's how they came up with that number
DonH
Well-Known Member
that sounds about right but when I stuff tubes it comes out closer to .75 g per king size cigarette. And in today's world where you can't smoke in most places it's hard to consume 40 cigarettes a day. Not like in my father's day when he smoked three packs a day. You can watch the first episode of Mad Men where they are lighting up in elevators. The good old days.
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