Minnesota Lawmakers Eyeing Ban on Online Tobacco Sales

[Bowie]

A least a few DFL lawmakers are looking to ban flavored tobaccos and online tobacco sales when the legislature convenes next month. I'm certainly going to monitor this one. Even if the federal ban does not happen, we here could still go the way of Washington State.

But this article is from late October, and maybe they will give up since they linked this to the 21-and-over requirement, which is now federal law. Then again, maybe they sense some momentum. Either way...cellar cellar cellar.

(Interestingly enough, there are also some legislators talking about legalizing recreational pot here at the same time.)

"Other DFL-backed proposals for 2020 include a ban on all flavored tobacco products, including menthol, and a ban on online sales":

Minnesota lawmakers say they're ready to take on vaping

Both Democrats and Republicans at the Minnesota State Capitol say they want to raise the age to buy tobacco to 21. Many cities have already enacted such a law, but anti-smoking advocates want a uniform, statewide approach.

www.mprnews.org

 

[Chasing Embers]

A sign of the times.

 

[gervais]

But I need more TIME to cellar!!! Or a lot more $$!!!! ?‍

 

[cwpiperman]

Online/Catalog/Mail sales already are banned in Washington State and Michigan that I know of. Not a lot of variety here, I'm afraid.

 

[Elric]

Online/Catalog/Mail sales already are banned in Washington State and Michigan that I know of. Not a lot of variety here, I'm afraid.

When did the Michigan ban take effect?

 

[kschatey]

When did the Michigan ban take effect?

Disclaimers: I don't live in MI and I am not a lawyer (i.e., this is not legal advice)

My understanding of the MI tobacco law was that it was much like the OH law. OH does not explicitly ban the purchase of tobacco via online stores, but those stores need to be licensed in OH to sell to residents/distribute within OH. For example Smokingpipes.com (Laudisi Enterprises) and PipesandCigars.com (M&D Wholesale) are on the OH Licensed Distributors List for Other Tobacco Products (separate lists for cigarettes) and collect the necessary OH sales and excise taxes. Per OH Taxation FAQ for OTP, "In the case of an out-of-state dealer who sells directly to a consumer in Ohio, the seller is the taxpayer. If a consumer receives other tobacco products on which the tax has not been paid, the consumer is liable for the tax." If the consumer does not pay the necessary taxes, the technically it would be illegal. It's not exactly clear how one is to remit the necessary tobacco use tax though because currently the only form OH has for use tax related to tobacco is for cigarettes (Form OH-CIG-57).

 

[Elric]

Thanks for the update. I was just curious as I shipped an order there a couple months ago from Tobaccopipes.com without incident.

 

[BROBS]

they could be licensed for OH as well..

 

[Worknman]

Of course all of these states wanting to ban online sales has nothing to do with saving the kids and has everything to do with taxes. States aren't collecting their exorbitant fees when someone orders tobacco from another state and has it mailed to their house. And if they can't regulate and tax it then they'd rather just shut it down.

 

[seanv]

They would be smart to tax the retailer who then would pass it on to the customer.
How could you police this? Quite easily actually. To sell tobacco online you would have to register with the state governments and produce yearly reports to prove you are taxing correctly.
Before you know it, the price for a tin in the US will be the same as in Canada......

 

[judcole]

Online/Catalog/Mail sales already are banned in Washington State and Michigan that I know of. Not a lot of variety here, I'm afraid.

I live in Michigan, and have had no trouble making online purchases, including some in this calendar year, from IRC and Watch City Cigar.

 

[Worknman]

I live in Michigan, and have had no trouble making online purchases, including some in this calendar year, from IRC and Watch City Cigar.

Probably shouldn't post about it on a public forum ? Might get them in trouble.

 

[BROBS]

I live in Michigan, and have had no trouble making online purchases, including some in this calendar year, from IRC and Watch City Cigar.

that's because you are supposed to pay the tax on your own. have you?

If a consumer receives other tobacco products on which the tax has not been paid, the consumer is liable for the tax.

 

[judcole]

that's because you are supposed to pay the tax on your own. have you?

If a consumer receives other tobacco products on which the tax has not been paid, the consumer is liable for the tax.

Michigan has had a section on the state income tax form for years for paying sales taxes on mail order and online sales. I have not seen such a mechanism for tobacco sales.
I have also noticed that none of the people who are talking about this live in Michigan. One person claimed it was totally banned, when it is not. The other one came right out and said, "I am not a lawyer, but this is my understanding."
Not gonna lose a lot of sleep over this stuff.