Hawaii Bans Online Tobacco Sales: SHTF Scenario

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smmirza

Lurker
Mar 28, 2023
22
62
Arizona
www.willyounotreason.com
Banning a legally sold, traded, and gifted commodity, because you feel like it is completely ridiculous and straight-up unconstitutional. This is getting out of hand, I feel like Hawaii's Tobacco Ban and Australia's insane Covid Lock Down are testing grounds to see just how far you can push people before they crack. We moved back to the Mainland a while back but all of my wife's family are on Maui. Are you telling me I can't send her uncles Cigars even as gifts? Time to rally and send out those mystery boxes folks.
Careful now, you might get labelled as a conspiracy theorist ;)
 

PipeIT

Lifer
Nov 14, 2020
5,087
30,328
Hawaii
Looks like the cigar crowd is giving some backlash! :)


Cigar smoking is definitely big out here, and I was wondering when we would hear the cigar crowd speak up.
 

PipeIT

Lifer
Nov 14, 2020
5,087
30,328
Hawaii
I just posted this reply under the Tobacco Legislation for Hawaii as well, good news! :)

Hawaii Ban on Shipping
—————————————

On the link from the Electronic Smoking Device Retailer Registration Unit I posted above, I called them, and they told me to speak with the Taxation Office.

This is the Hawaii Taxation Department’s telephone number and website.

https://hitax.hawaii.gov/_/

(808) 587-4242 - Prompt #4

The Hawaii Taxation Department told me, for any online retailer in the USA, even without a physical location, to apply for a GE License for an Out of State Online Retailer.

I was told, yes, any business in any state with a Hawaii GE License can now legally ship to Hawaii!
 

woodsroad

Lifer
Oct 10, 2013
12,643
20,154
SE PA USA
Think about that for a second, when related to the context of what the 4th Amendment says.


1st Class only makes no sense, it’s always been my understanding, that any mail sent through USPS is protected by law.

Read this too, it’s talking in regards to Agriculture, but it’s also my understanding, that it doesn’t matter the contents either, that would then make for any special inclusion or exclusion.

This article simply shows a warrant needed.

What should be, and what is, are why we have courts and lawyers. The government will probe every crevice, every crack, every soft spot for an opening to infringe your rights.
 

brian64

Lifer
Jan 31, 2011
10,025
16,070
What should be, and what is, are why we have courts and lawyers. The government will probe every crevice, every crack, every soft spot for an opening to infringe your rights.
True...but unfortunately the courts and lawyers are increasingly ineffective and unreliable when it comes to protecting rights...or due process and the rule of law...or just truth and justice in general.

And I see no reason to think that trend won't continue on our current trajectory.
 

woodsroad

Lifer
Oct 10, 2013
12,643
20,154
SE PA USA
True...but unfortunately the courts and lawyers are increasingly ineffective and unreliable when it comes to protecting rights...or due process and the rule of law...or just truth and justice in general.

And I see no reason to think that trend won't continue on our current trajectory.
There have been some significant victories on appeal for Contitutional law cases. And the current SCOTUS decisions have been refreshing.
 

MaukaMan

Lurker
Jun 27, 2023
22
94
Maui, Hawaii
What is your average BPD (bowls per day)? The stash in your picture looks to be about 45-50 1.75/2 oz tins worth of baccy. If you are a bowl a day smoker, that will get you 3 years of smoking, based on my calculations.

Not that I want to give you ANY reason NOT to buy more tobacco to prepare for your own state sanctioned tobaccolypse. Buy away if you've got the money and time. But if for some reason you don't get all that you want and are able to buy some in the lower 48 (or do you call in the upper 48 in Hawai'i?) in the next two years, I'd think you'll make it.

That said, you may want to consider stocking up on GL Pease and Drucquer & Sons, which seem to be rather under-represented among your stash (IMHO).
You're right, I'm about a 10 bowl a week smoker. Probably way overkill. They say fear of loss is the biggest motivating factor for a sale. I definitely felt it. May have went a little overboard but should have some extra tins to cellar for the next couple years, and will get to experiment with some aged blends. Also gives me some surplus to help out some brothers in Hawaii if need be. Still wish I could of found some SG varieties, everywhere I looked was sold out though..IMG20230704145847.jpg
 

elvishrunes

Can't Leave
Jun 19, 2017
367
679
Quite the stash you can start dealing with that, or get 5-10 years smoking. Nightcap is one of my tops, as is Ennerdale mentioned above, truly exceptional, although some dislike it.

What is going on with this government psycho behaviour, now pipe smokers who don’t even inhale are dangerous…. I’m all for people smoking dope if they choose, but Hawaii doing this, I thought they were relaxed there…

As a Canadian with a terrible government I’d better stock up more…

Nice Tuna or Bonito btw…
 

Pipeh

Might Stick Around
Feb 28, 2023
65
120
Southern California
It prohibits any shipment. I believe the wording is along the lines of, ‘if one knowingly has tobacco products shipped.’ Here is the bill SB975 HD2 - https://www.capitol.hawaii.gov/sessions/session2023/bills/SB975_HD2_.HTM
I don't think it does. The text says
(a) A person or entity commits the offense of unlawful shipment of tobacco products if the person or entity:

(1) Is engaged in the business of selling tobacco products; and

(2) Knowingly ships or causes to be shipped any tobacco products to a person or entity in this State that is not a licensee under this chapter.

The "and" at the end of clause (1) implies that both (1) and (2) need to apply for an offense to have been committed.
 

Cyxelsid

Starting to Get Obsessed
I don't think it does. The text says


The "and" at the end of clause (1) implies that both (1) and (2) need to apply for an offense to have been committed.
Damn, you beat me to this comment... but I will add my 2 cents anyway...

First, I have to provide the following disclaimer: I am not, nor do I purport to be, an attorney by education, experience, or certification. I have never played an attorney on TV and I did not stay at a Holiday Inn Express™ last night. The following comments are my personal opinion and should not be relied upon without consulting an attorney.

Ok, so as you may guess by the above disclaimer, in my profession as an Environmental Consultant (NOT an environmentalist, those guys hate guys like me), I very often have to review and provide comment and assistance for my clients regarding complying Federal, State, and Local laws, rules, regulations and recommended practices.

In my opinion, Pipeh is exactly correct, both Clause 1 and 2 must be true in order for you to be in violation of the law. So, if I, as a private citizen not engaged in the "business" of selling tobacco products, send my cousin a pound of tobacco, EVEN IF HE REIMBURSES ME FOR IT, we should both be in the clear.

BUT (and this is a very very big BUT), that doesn't mean some overzealous bureaucrat won't TRY to throw you under a bus. They do it all the time. So, if that happens, it doesn't matter if you are in the right or not, you may have to pay significant money to defend your position.

Additionally, you may want to look into Hawaii's stance on "straw buyers", which I have not done and have not formed an opinion about. "Straw buyers" are those who intentionally make a purchase for another person in order to circumvent regulations and/or commit fraud. Those laws are most notable in firearm purchases, but recent laws have been put forth in many states to expand straw buying bans to other regulated products.

Finally, with regard to "searching mail requires a search warrant" discussion. Yes, this is true... however I would not put much faith in that argument. Not because it isn't a valid legal position, but because it is very easy for law enforcement to get a search warrant. In this case, all they would need is a dog trained to smell tobacco. The dog alerts on the package, LEO applies for a warrant, judge signs it, they open your package. This is not a commentary on whether or not they do or would have dogs trained to detect tobacco; it is more of a "Is this the hill you want to die (or go broke) on?".

Similar to telling a cop he can't search your car... he can't do it if he doesn't have probable cause, but he is going to call the dog and if you have or have ever had drugs in your car, the dog is going to alert on it and the process moves on. Now, personally, I have never had any illegal drugs in, on, or around my car, so I routinely tell a cop that asks to search my car to "Bite Me." It costs me an hour or two when they get pissed off and call for the dog, but I LOVE when the dog doesn't alert, and they ask why I didn't just let them search it. My typical response is, "Because I don't have to let you, and you clearly didn't have probable cause to do so. So, the longer I keep wasting your time here, the less time you are spending harassing others." I have only done this on two occasions, and both times I ended up with a bunch of fix-it tickets as they retaliated. But hey, time is something I have.
 

PipeIT

Lifer
Nov 14, 2020
5,087
30,328
Hawaii
Well... I feel like I killed the thread!
It didn’t...

The only thing that matters, what I finally found out from calling the Hawaii Tax Department and also calling the Hawaii State Tobacco Enforcement, and speaking with a lawyer there, the law is only about online sales, now any business that wants to ship to Hawaii, they need a Hawaii GE Tax License.

I’ll have to call back the Tax Department, because I also read in the bill, if a business doesn’t have a GE, a consumer is suppose to then be able to pay yearly taxes on their purchases, also making it legal to ship this way.
 
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PipeIT

Lifer
Nov 14, 2020
5,087
30,328
Hawaii
So basically this whole debacle did nothing except increase the amount of tobacco being sent to Hawai’i. Noice!

I was editing over my reply, look at the last comment, about a consumer paying tax.

What do you mean by increasing tobacco sent to Hawaii?

P.S. How things going mate? :)
 
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mike wheelock

Lurker
Mar 13, 2022
26
51
75
eastern washington
this is in reply to maukaman. feel your pain brother. i live in washington which has banned online sales of tobacco. another example of our government helping us in our greatest need!!!!! dont know how we would ever get along without them. anyhow i started ordering online and shipping to my brother in idaho. he sends it to me via usps or i pick it up from him. hope this isnt against forum rules but this seems to be an urgent issue....you might also try ordering from 4 noggins...enough said on that suggestion. good luck to you.
 
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