New MD Legislation (Proposed)

[ssjones]

My wife works for a Maryland Senator and she rec'd this email asking for co-sponsorship for a new pipe tobacco/cigar bill. I'm not exactly sure how this works but I can't imagine this is a good thing. I don't think any tobacco retailer will want to pay a fee and register in order to ship tobacco to a Maryland resident. Apparently we have a similar law in place for wine vendors, but I really can't imagine they are lining up to do this either. Maryland is already the 10th highest state for OTP tax at 30% for pipe tobacco. I'm going to call the sponsoring Senator this week to voice my displeasure and get some more information.
Dear Colleague:
I am writing to ask you to consider co-sponsoring a bill I am introducing entitled Pipe Tobacco and Premium Cigars – Direct Sale and Shipment to Consumers. This bill would establish a method of shipping pipe tobacco and premium cigars to Maryland consumers in a manner similar to direct wine shipment.
Under the bill, a direct tobacco shipper’s permit would be established for persons seeking to ship pipe tobacco or premium cigars directly to a consumer in the state, which would be issued at the discretion of the Office of the Comptroller. An applicant for a direct tobacco shipper’s permit would submit both an application and a fee as set by the Comptroller. The Comptroller would then issue a one-year direct tobacco shipper’s permit to each qualified applicant, allowing the holder to sell and ship pipe tobacco or premium cigars to consumers in the state either by electronic or other means of order.
Additionally, a direct tobacco shipper is required to follow specific labeling requirements for the shipment, report related data to the Comptroller on a quarterly basis, pay tobacco taxes on due sales sold to Maryland consumers, allow for an audit by the Comptroller upon request, and consent to the jurisdiction of the Comptroller or other state unit where enforcement of existing law is in question.
Lastly, this legislation establishes the means by which a direct tobacco shipper may renew their license and specifies a minimum age of 18 in order to purchase tobacco products by means of shipment.
I urge my fellow Senators to co-sponsor this important legislation. For more information concerning the bill or to sign on as a co-sponsor, please contact John Olderman in my office at x3137 or jolderman@senate.state.md.us by Friday, February 1.
Sincerely,
Richard S. Madaleno, Jr.

203 James Senate Office Building

11 Bladen Street

Annapolis, Maryland 21401

 

[docwatson]

Another license to increase revenue. And another way that Big Brother can track everything you buy looking for more tax income!!

I better not get started on how I abhor big government.

 

[zonomo]

So I live in the state of WA and we have this law. It EFFEN sucks. When you all talk about this great tobacco that you have tried, etc. we are locked out. I am fortunate because I travel on biz quite a bit so i can visit the shops when I'm out but my poor brethren and sisteren are stuck with the local blends and let me tell you, they are slim. This proposal is very bad news, everyone looses except the state who gets richer.

 

[Perique]

Revenue generating scheme, and additional state gov jobs with pensions. Clearly this will pass. This is Modern America. This is what we do.

 

[ssjones]

My wife's boss actually though this was a good thing until I straightened him out. I'll be certain to call Senator Madaleno tomorrow and voice my displeasure.

Doc: This isn't even the Fed's but our little old state government getting further into my wallet!

 

[joshwolftree]

Well Al if it passes you'll just have to pray West VA doesn't is smarter about it, and you can convince somebody over the border to receive shipments for you

 

[ssjones]

Well, the cigar lobby in MD is quite strong and will hopefully get this even out of consideration. That Senator is just now trying to gain support, so it is very early. But, you have to clamp down early to have hopes of ending the bills progression.

 

[gray4lines]

That sounds terrible... did you catch the sentence about labeling? Our Aussie friends can tell us what a nigtmare that is..
You are correct, no retailer will want to PAY to have all of these rules forced upon them.
God, I hope WV doesn't get any ideas.

 

[gray4lines]

Please let us know the Senator's response.

 

[taerin]

I live in Maryland, thank you very much, I will definatley help out where I can! Thanks for the info. Where in MD do you live btw? I live at the Maryland/Delaware boarder

 

[peckinpahhombre]

Please help a Canuck like me understand.
I take it if this law is passed, and an out of state tobacco seller does NOT register, then they would be subject to prosecution in Maryland?
Is this how it already works in Washington state?
I went to a few of the online tobacco seller sites that i frequent and didn't see anything about tax being levied on sales to Washington State residents. One site did say that they won't ship to Iowa, but didn't really say why.

 

[spartan]

Wow. That blows.
We're trying to support the American economy and we get more taxes on tobacco? Idiots.
Is it really necessary to throw in the "Lastly, this legislation establishes the means by which a direct tobacco shipper may renew their license and specifies a minimum age of 18 in order to purchase tobacco products by means of shipment."
Go get him Al! With the left, and the right, and the left! :twisted:

 

[ssjones]

I put this on a couple of forums. As I was citing an example from a vendor I use, Chief Catoonah, the proprietor was sending this message on the similar thread over on the SmokersForums.uk. I dearly love "Princes Street Mixture" and internet/mail order is the only way to get any of this golden blend. As I suspected, he was none to thrilled. With permission, I copy his response here:

Certainly seems like a "privilege" tax. Kinda smacks of taxation without representation.
The next step could be the need for me to file a state income tax form for doing business in your state. And what benefits would I receive for collecting and paying taxes to a state where I neither reside or have a place of business. I'm sure that teachers, policemen and firemen need to be paid; however, I already pay my responsible share here in Connecticut.
As a small e-tailer, the cost to me of compliance would far exceed the gross margin I might realize by shipping to Maryland. And I would expect that the cost to Maryland of enforcing this proposed law would far exceed the revenue achieved.
Could this really be a way to justify hiring more state employees?
__________________

Dick
www.ChiefCatoonah.com

Wonderful Customers and Fine Service Since 1976

 

[gray4lines]

I am no lawyer, but how does this law jive with the "interstate commerce clause" Article 1 section 8 of the constitution?

The “dormant” Commerce Clause refers to the prohibition, implied in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. 

http://www.law.cornell.edu/wex/commerce_clause

 

[peckinpahhombre]

These bureaucrats have no clue on how a small business operates. The overhead quoted here alone would cause me, as a small business owner, to pity those poor bastards living there, but at the same time, require me to post a notice on my company website declaring a cease and desist on any acceptance of any orders from Maryland residents.

Except ... we haven't seen that with Washington state, as least that I can see. Are retailers just ignoring it? Or perhaps they have received legal advice that it is unconstitutional?

 

[gray4lines]

I thought that there were quite a few online retailers who will not ship to Washington. ?

 

[bigboi]

I live in Washington and there are definitely online retailers who will not sell into washington. In fact some of the free tobacco samples can not even be shipped here with out tax on it. It limits who I can use to buy tobacco from. But like we all know there are ways around it, if a company were to get creative.

 

[gray4lines]

" Now, how many ounces of that blend did you want?."

That's what I like to hear! ::

 

[zonomo]

Is this how it already works in Washington state?

So how it works in WA state is you'll go to a site and place an order. The good up-to-date sites will flag it during the order processing and apologize for not being able to ship tobacco products into our state. The smaller mom & pop shops will take the order. They'll send an email the next day profusely apologizing. While visiting Denver, he said "I can't afford to ship to WA state with the tax they levy on me". There you have it.

 

[zonomo]

I am no lawyer, but how does this law jive with the "interstate commerce clause" Article 1 section 8 of the constitution?

@Gray - silly thinking they actually have read or understand the Constitution. It seems they don't apply it when they should and do apply it when they shouldn't. Very sad.