So I am aware that it is illegal federally here in the US to sell tobacco without a license and stuff, but what’s the verdict on gifting it and shipping it? I mean obviously if I could meet someone face to face and give them a pack of smokes as long as they are 21+ it’s not a crime here in my state, but where I’m failing to find much comprehensive information is when you ship it to say someone in a different state? Obviously if you are shipping it to a different country I would have to conform to whatever their specific customs agency says. (TLDR) Is it legal for me to ship a friend a pack of smokes if they don’t live in my state for me to physically give them some?
Legal advice?
- Thread starter slouch
- Start date
Whole leaf tobacco is an agricultural product. You can buy, sell, trade, ship etc. without having to buy a license, fees, regulatory control, etc. If you remove the midrib, or add a topping, or shred, etc, the result is legally determined to be a "tobacco product" and you have to buy the stamps, fees, licenses, taxes, jump through the hoops exactly like RJ Reynolds and others. You become a manufacturer in the eyes of the ATF. If you give away a cigarette you have broken federal law. They expect to receive the taxes from the value of that cigarette, even if you grow it yourself. Recommend you just give away the whole leaf, midrib intact, and let the guy roll his own. A guy in New York ended up getting killed by police over untaxed, loose cigarettes with no tax stamp. (He may have resisted, but still, cigarettes?)
Tobacco Sellers Reporting, Shipping and Tax Compliance Requirements | Bureau of Alcohol, Tobacco, Firearms and Explosives
This page serves as a tobacco sellers quick guide to reporting, shipping, tax requirements. Monthly Reports No later than the 10th day of each calendar month, registrants must provide invoices or memorandums to affected state and local governments, detailing every shipment that was made during...
Prevent All Cigarette Trafficking (PACT) Act | Bureau of Alcohol, Tobacco, Firearms and Explosives
The Preventing All Cigarette Trafficking Act (PACT Act) was created by Congress in 2010 and it authorizes ATF to prevent criminal organizations from profiting from the illegal sales of tobacco products and imposes penalties for avoiding sales tax payments. The PACT Act has four major...
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I don’t really see anything about sending things as a gift, it seems like it’s all aimed towards people profiting off the transaction. I want to know if I pay my own money on shipping to send a friend a singular pack as a gift if I would get in some kind of trouble? Seems kinda silly to me considering I can do it in person and be absolutely fine.Tobacco Sellers Reporting, Shipping and Tax Compliance Requirements | Bureau of Alcohol, Tobacco, Firearms and Explosives
This page serves as a tobacco sellers quick guide to reporting, shipping, tax requirements. Monthly Reports No later than the 10th day of each calendar month, registrants must provide invoices or memorandums to affected state and local governments, detailing every shipment that was made during...www.atf.gov
Prevent All Cigarette Trafficking (PACT) Act | Bureau of Alcohol, Tobacco, Firearms and Explosives
The Preventing All Cigarette Trafficking Act (PACT Act) was created by Congress in 2010 and it authorizes ATF to prevent criminal organizations from profiting from the illegal sales of tobacco products and imposes penalties for avoiding sales tax payments. The PACT Act has four major...
ATF is lame
So as long as I just pick and dry the leaves I’m a farmer but if once I turn them into something usable I’m a criminal if I give them to anyone but myself? I understand a line has to be drawn somewhere but it sounds like the logic of something you’d hear in a doctor seuss book
Yeah its crazy. Keep in mind that the forum cannot recommend breaking laws. We are probably highly scrutinized by all sorts of groups that want to put a stop to all tobacco. Tobacco is highly taxed and regulated by the feds. If you slip up it won't be cousin sheriff that pays you a visit. Then there may even be extra tack on charges for using USPS to commit your crime of sending your buddy a cigarette. If your buddy is aware of it that may be conspiracy. Its a crazy world we living in now. We don't discuss politics on the forums because it usually starts an argument so I'm trying to be circumspect here. fatf
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Of course yes I wouldn’t want to break the laws that’s why I figured I’d ask. Silliness is silliness nothing political about that. But thanks for the quick response knuck, it was a lot easier to digest than all that jargon on the atf website.
Alpine
Moderator
Tough topic… where I live (Italy) I am allowed to grow all the tobacco I want: I have no restrictions regarding weight, or number of plants or acres planted or whatever BUT! I’m not allowed to barter, sell, trade, give away as a gift (or whatever comes to mind) one single leaf of tobacco. Neither I am allowed by the law to render such tobacco useable in ANY way for human consumption ( no snuff, snus, let alone chop or cut it up so the end result is smokeable).
That’s why all my tobacco ends up as insecticide or room pot-pourri. Well… more or less.
pier
That’s why all my tobacco ends up as insecticide or room pot-pourri. Well… more or less.
pier
That certainly is an unfortunate situation regarding tobacco there, I’ve always seen so many great things in Italy though it would be a nice place to take a trip one day. All though I’m not sure they’d appreciate me putting pineapple on my pizza there.
WillQuantrill
Well-Known Member
One of the reasons I like spending time here " We don't discuss politics here"
I jotted this on a tiny note card in 1970:
"Elves seldom give unguarded advice, for advice is a dangerous gift, even from the wise to the wise, and all courses may run ill."
J.R.R. Tolkien
Bob
"Elves seldom give unguarded advice, for advice is a dangerous gift, even from the wise to the wise, and all courses may run ill."
J.R.R. Tolkien
Bob
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