Does anyone know the legality of having pipe tobacco shipped to WA state as a gift?

[fishmansf]

Our kind and socially compassionate government here in WA state, who care sooooo much about the poor youth has had a ban on internet sales on tobacco since 2009 as outlined in RCW 70.155.140. I have a friend from out of state who has quit the hobby and has a massive stash of cellared tobacco he is trying to get rid of completely free. RCW 70.155.140 touches on the purchase of tobacco but doesn't say anything on having "gifts" sent to you where there is no money transaction. Does anyone have any idea if this is legal or not?
RCW 70.155.140 RCW 70.155.140: Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited—Penalty. - https://apps.leg.wa.gov/rcw/default.aspx?cite=70.155.140

 

[ashdigger]

We’re the internet…. Consult an attorney or legal authority.


Although, if it comes from a private address I’ve not had problems sending it into that state.

But seriously, contact an authority not us internet humans.

 

[fishmansf]

We’re the internet…. Consult an attorney or legal authority.


Although, if it comes from a private address I’ve not had problems sending it into that state.

But seriously, contact an authority not us internet humans.

Do you have any idea what kind of attorney would know about this? Like what type of practice?

 

[stearmandriver]

Our kind and socially compassionate government here in WA state, who care sooooo much about the poor youth has had a ban on internet sales on tobacco since 2009 as outlined in RCW 70.155.140. I have a friend from out of state who has quit the hobby and has a massive stash of cellared tobacco he is trying to get rid of completely free. RCW 70.155.140 touches on the purchase of tobacco but doesn't say anything on having "gifts" sent to you where there is no money transaction. Does anyone have any idea if this is legal or not?
RCW 70.155.140 RCW 70.155.140: Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited—Penalty. - https://apps.leg.wa.gov/rcw/default.aspx?cite=70.155.140

I live in WA (and to express a perhaps unpopular opinion, love it here. Individual legislative differences are meaningless compared to the wealth and variety of natural spaces that are unequalled in the lower 48.)

My understanding is that it IS illegal to send any tobacco through the mail. However: WA state law can't be enforced on someone outside of the state; in other words, your friend could not get in legal trouble for sending it to you. You perhaps could, but you didn't actually order it, so... I don't know.

But from a practical standpoint: there is no enforcement, not even attempted. It is a very poorly kept secret which Internet retailers still ship to WA. No one gets caught, no one gets fined... No one cares.

 

[craig61a]

Roll the dice…

Tobacco Retailer Pays $65,000 For Illegally Shipping To WA

The Attorney General's Office is fining a Pennsylvania company for selling tobacco directly to customers through the mail.

patch.com

 

[warren]

Do you have any idea what kind of attorney would know about this? Like what type of practice

That's why attorneys have law clerks. research. Were you I and, you're not, I start with the state's attorneys office. They'd be handling any prosecution I suspect. But, I'm not up on the legal system in Washington. That's the direction I'd take. But, maybe the tax office if it is purely a civil matter and not criminal.

 

[pappymac]

How far out of state does your friend live?
Maybe you should take a roadtrip to visit him.

 

[cosmicfolklore]

Roll the dice…

Tobacco Retailer Pays $65,000 For Illegally Shipping To WA

The Attorney General's Office is fining a Pennsylvania company for selling tobacco directly to customers through the mail.

patch.com

Interesting... but what I want to know is how does Washington actually enforce that fine on that company in Pennsylvania? If I break a law in Washington state, how do they penalize me from inside my state? I mean, they can harass me with calls and letters, but they really can't come get me, nor will my state allow them to take me court here, because it is not a law in my state. It's not federally enforced.... so they can run all the articles they want, but they really can't do anything to me.

 

[Singularis]

I'm not a lawyer but ...
I have successfully mailed tobacco (in small amounts) to friends in Washington. The USPS doesn't prohibit it in general, and specifically doesn't ask "Since this is going to a WA address, does this have tobacco?"

A larger amount may be a different situation, maybe?

Also, the article above is in regards to a "tobacco retailer", which your friend ain't, I take it.

 

[HawkeyeLinus]

My understanding is that it IS illegal to send any tobacco through the mail.

Not accurate.

 

[craig61a]

Interesting... but what I want to know is how does Washington actually enforce that fine on that company in Pennsylvania? If I break a law in Washington state, how do they penalize me from inside my state? I mean, they can harass me with calls and letters, but they really can't come get me, nor will my state allow them to take me court here, because it is not a law in my state. It's not federally enforced.... so they can run all the articles they want, but they really can't do anything to me.

You can be arrested on an out of state felony warrant, and your local law enforcement will indeed come and get you. It ain’t 100 years ago when Bonnie and Clyde were robbing banks and skipping out to some other state to avoid the law. But maybe if you changed your name to Lupe and absconded to Costa Rica…

Back in the day people used to say that if the cops are chasing you for whatever, they can’t pursue you outside the city limits. And I’m not so sure if it was even sound advice back then. Nowadays every cop in the seven county metro area would be on my ass. And they have trunked radio to coordinate, hell that covers the whole state.

 

[The Amish Tyrant]

The first rule about posting something publicly on the internet is to assume the judge, prosecutor, plaintiff's attorney, and insurance carrier (and ex- spouse/business partner) will read the post.

If you have to question the act, then put the shovel down and pick up a phone.

 

[hoosierpipeguy]

If you're that worried about it, have them ship it to a friend across the border of the state. Or to a hotel across the border. This isn't legal advice but were it me, I'd ship it to my house.

 

[cosmicfolklore]

You can be arrested on an out of state felony warrant,

My understanding was that this is a misdemeanor. I am not all that schooled in these differences, but I know from trying to prosecute someone, that when that person does go into another state, that it becomes almost impossible. I know that my state won't enforce warrants from out of state, unless that person is arrested for something that makes that person a nuisance to keep here. And, we only have a handful of counties and cities that will even consider other city's and county's warrants. I know that they are supposed to... but that's not always how it works out.
Had a neighbor that had a kid who was arrested on vacation out of state for shoplifting. Their lawyers told them to just throw away all of the letters that they receive, that they can't do anything from their state.

The Briary was also ignoring this law with the same idea. The business is a separate entity.