Where to buy cigarettes… smokers fighting back
Buying cigarettes in Mexico, over the Internet, rolling your own and
growing your own tobacco from seed
(Updated October 11, 2007 to include buying cigarettes across the state line and
on indian reservations)
Tired of having the government telling you what you can’t do with your own body?
So am I. After all… it isn’t theirs. It is a mentality from the Dark Ages.
More specifically, smokers are tired of being unfairly punished with burdensome
taxes on tobacco and any freedom-loving soul can see the hypocrisy of it all,
the lies… all of which are put forth in my articles on Tobacco
Taxation and Constitutional Rights (high tobacco taxes aren’t about concerns
for health as the states claim but instead it’s about generating revenue)
In order to help smokers find a solution, albeit temporary until legislators are
forced to come to their senses (if not sooner hung from a sour apple tree), the
following is information on where and how smokers can buy (or make) cigarettes
reasonably priced.
NOTICE: In presenting the following information, this website strives
only to be helpful and should not be relied upon for accuracy or the latest
developments (although on both counts we try)... anything of a factual nature
herein should be independently verified. It otherwise amounts to opinions, not
advice.
Buying cigarettes in Mexico
Perhaps the best option for U.S. citizens who live close to the Mexican border
is to buy them in Mexico where American brand cigarettes run $12 -20 a carton
(Mexican brands cheaper). However, not being a federal matter (perhaps surprisingly),
the duty rate and the number of cartons allowed are regulated by each state.
Don’t forget though… along with possibly other requirements, you now need a
passport to enter Mexico… see the
U.S. Department of State website
for further details and warnings plus see the Mexican Embassy
website for the latest entry requirements.
Note: While we acquired the following information from speaking with a border
agent by telephone at the the points of entry listed below, you are advised to
first call the points of entry
to double-check as it could vary depending on the agent on duty.
Arizona: At the Douglas, Arizona port of entry, we were told you can
purchase one carton of American brand cigarettes per month (duty free) but, due
to recent regulations, cannot bring more… not even by paying duty or additional
fees. However, there is no particular limit on the number of cartons of Mexican
cigarettes although based on what border agents consider ‘personal use’
and are subject to $3.97 duty per carton. As was generally the case in the past,
six cartons should easily be considered a reasonable amount. Call the point of
entry to double-check (phone numbers of all points of entry are listed by the
website at the link above).
New Mexico: At the Columbus, New Mexico port of entry, we were
told that except for $2.40 federal tax there is no duty on American brand
cigarettes and the number of cartons allowed is determined by what is considered
‘personal use’ by the immigration official on duty. According to an officer on
duty, if you lived far outside the Columbus area, you would be allowed more
cartons than local residents (or up to 6-10 cartons). Call the point of entry to
double-check (phone numbers of all points of entry are listed by the website at
the link above).
Texas: At the Brownsville, Texas port of entry, we were told you
can only bring back one carton ‘duty free’ but must pay $15 state tax. No more
are allowed, the agent said, but a representative with the Texas taxing
authority thought this was in error… that perhaps you could bring back up to 3
cartons. At any rate, with the $15 tax on each carton, there is little (less)
incentive to buy cigarettes in Mexico and bring them back through a Texas port
of entry. Call the point of entry to double-check (phone numbers of all points
of entry are listed by the website at the link above).
California: At the Calexico, California port of entry, we were told
you can bring back one carton of cigarettes per month duty free and up to 7
additional cartons by paying a duty of $4.00 per carton (whether American or
Mexican brands). However, only 1 carton if bought from a duty-free shop. Call
the point of entry to double-check (phone numbers of all points of entry are
listed by the website at the link above).
The following is from
the Customs
and Border Protection's Customer Service Center but should not be assumed
as being the most current regulations/law: Note: their customer service center
is really a service center from hell with a nightmarish website... it took three
(3) months to get the following information (which ignored our explicit request
for duty rates on cigarettes for more than one carton):
A traveler may include up to 100 cigars and 200 cigarettes (one carton) in the
$800 exemption from duty. U.S. residents on State Department-licensed travel to
Cuba may no longer bring cigars or other goods back with them from their visit.
Additional cigars and cigarettes may be brought into the country, but they will
be subject to duty and taxes. Cigarettes may also be subject to a tax imposed by
state and local authorities. Bidis - essentially flavored cigarettes - are not
generally permitted entry. Once every 31 days, a resident returning from travel
from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or
the Virgin Islands of the United States may import 1,000 cigarettes (5 cartons),
not more than 200 of which acquired elsewhere than in such locations, within the
returning resident's $1,200 exemption from duty and taxes.
Unless you’re willing to wait three months for just a computer-generated answer
like the one above, for any updated information you can contact them by calling
their toll free number 877-227-5511 (or 202-354-1000 if calling from outside the
United States). No telling how long you’d be put on hold however… hopefully less
than a couple hours.
One particular outfit running duty-free shops
is Duty Free Americas
(a travel retailer) with 29 stores on the American side of the Mexican border in
California, Arizona and Texas (none in any New Mexico border towns). Curiously
though, after purchasing cigarettes at these duty-free shops located on the
American side of the border, you must then enter Mexico at least briefly (clerks
from the store watch to make sure you actually enter Mexico). Unless you have
other business in Mexico, you can then simply walk across the street and promptly
re-enter the U.S.… which amounts to being in Mexico no more than a few minutes.
Buying cigarettes over the Internet
One must be cautious buying cigarettes on the Internet from any U.S. based
company… a few of which have knuckled-under to the illegal pressure from
state authorities demanding their customer list (a violation of the Privacy
Act). Once obtained, the states can then go after those smokers for 'unpaid
state taxes' albeit with no constitutional right
to these exorbitant taxes. However, while most of the 100+ website vendors
haven’t knuckled under (estimated to be 78%... in defense citing privacy
laws largely), but in considering the possibility of more stringent laws
(Orwellian in nature), perhaps it’s really a matter of ‘yet’. The other
option is to take your chances with an overseas company which might include
delivery problems since common carriers like UPS are barred by the states
from delivering cigarettes (at least in Arizona)... although the
judicially-minded U.S. Postal Service has so far resisted all attempts to
undermine its ability to serve the American people and thus will still deliver
cigarettes (check with your local post office to be sure this hasn't changed
recently). Evidently still being the case, as long as an order of cigarettes
is sent through the mail, there is little risk it would be confiscated by
customs officials (in contrast to those avaricious boatload shipments begging
for confiscation).
Russian businesses, for example, wouldn’t feel obligated to any state authority
from America trying to balance their budgets on the backs of smokers. In the spirit
of the Boston Tea Party, it would be more patriotic to risk losing an occasional
shipment than to pay the tax.
The states claim their rights to cigarette taxes sold over the Internet is
covered by the Jenkins Act which was enacted in 1949... but enacted long
before there was an Internet. In a very interesting May 2003 GAO report on
Internet
Cigarette Sales subtitled "Limited Compliance and Enforcement of the
Jenkins Act Result in Loss of State Tax Revenue" (in testimony before
the House Subcommittee on Courts, the Internet, and Intellectual Property),
it cites all the reasons the states have been largely unsuccessful in
collecting these taxes. It also cites the reasons why the federal authorities
haven't been cooperating with the states even though the bureau of Alcohol,
Tobacco and Firearms (ATF) is now in charge of the matter. This report is
dated however... new developments may have occurred since then.
The following is a sampling of that most interesting 15 page report:
Through our Internet search efforts, we identified 147 Web site addresses
for Internet cigarette vendors based in the United States and reviewed
each website linked to these addresses. Our review of the Web sites
found no information suggesting that the vendors comply with the Jenkins
Act. Some vendors cited reasons for not complying that we could not
substantiate. A few Web sites specifically mentioned the vendors’ Jenkins
Act reporting responsibilities, but these Web sites also indicated that the
vendors do not comply with the act. Some Web sites provided notice to
consumers of their potential state tax liability for Internet cigarette
purchases.
None of the 147 Web sites we reviewed stated that the vendor complies
with the Jenkins Act and reports cigarette sales to state tobacco tax
administrators. Conversely, as shown in table 2, information posted on
114 (78 percent) of the Web sites indicated the vendors’ noncompliance
with the act through a variety of statements posted on the sites. Thirty-
three Web sites (22 percent) provided no indication about whether or not
the vendors comply with the act.
_
Some Internet vendors cited specific reasons on their Web sites for not
reporting cigarette sales to state tax authorities as required by the Jenkins
Act. Seven of the Web sites reviewed (5 percent) posted statements
asserting that customer information is protected from release to anyone,
including state authorities, under privacy laws. Seventeen Web sites (12
percent) state that they are not required to report information to state tax
authorities and/or are not subject to the Jenkins Act reporting
requirements. Fifteen of these 17 sites are Native American, with 7 of the
sites specifically indicating that they are exempt from reporting to states
either because they are Native American businesses or because of their
sovereign nation status. In addition, 35 Native American Web sites (40
percent of all the Native American sites we reviewed) indicate that their
tobacco products are available tax-free because they are Native American
businesses.
_
Only 8 (5 percent) of the 147 Web sites we reviewed notified customers
that the Jenkins Act requires the vendor to report cigarette sales to state
tax authorities, which could result in potential customer tax liability.
However, in each of these cases, the Web sites that provided notices of
Jenkins Act responsibilities also followed the notice with a statement
challenging the applicability of the act and indicating that the vendor does
not comply. Twenty-eight Web sites (19 percent) either provided notice of
potential customer tax liability for Internet cigarette purchases or
recommended that customers contact their state tax authorities to
determine if they are liable for taxes on such purchases. Three other sites
(2 percent) notified customers that they are responsible for complying
with cigarette laws in their state, but did not specifically mention taxes. Of
the 147 Web sites we reviewed, 108 (73 percent) did not provide notice of
either the vendors’ Jenkins Act reporting responsibilities or the customers’
responsibilities, including potential tax liability, with regard to their
states.
Hurrah for those websites who understand and honor the constitutional rights
of American citizens (which the majority of legislators don't) !!!
Roll your own cigarettes
Bulk cigarette tobacco (available in small canisters at most any tobacco store)
is equivalent to about $9-12 per carton and if you want to use a tobacco rolling
machine ($20-35), the cigarette tubes (200 per box) run about $2-3 for a total
cost of about $11-15 per carton. They make nice looking cigarettes (as if
manufactured cigarettes) and the major brands of Top, Bugler and American Spirit
all make very good smoking tobacco. There are more choices and cheaper bulk
tobacco on the Internet however.
Growing your own tobacco
While growing your own tobacco wouldn't exactly be a convenient undertaking for
a non-gardener, or possible for folks without a place for a garden, but it's
perhaps the best way to deny the states this unconstitutional tax. Not only
would it save hundreds annually, it's a statement of defiance... grandly
Americana. Tobacco isn’t an illegal substance nor is there a law against growing
it (yet)… provided of course it isn’t on a commercial scale in which case you’d
need an allotment from the USDA. In doing a search for “tobacco seeds and plants”
and you’ll find several sources for seed. Tobacco can be grown almost anywhere in
the U.S. (even in Tucson, Arizona... as was once the case for centuries).
Of course, growing your own tobacco will only be possible until we’ll need a
permit to grow a garden… coming soon in our Orwellian society. After all, the
FDA wants to control herbs as well as tobacco.
Buying cigarettes across the state line
Since the tax on cigarettes varies between states, one could consider buying
them in a neighboring state as their tax rate may be lower. However, residents
could be limited as to how many can be 'legally' purchased out-of-state and
brought back without being liable for tobacco taxes within their own state.
Seemingly however, except for Tennessee, most or many states have opted not to
vigilantly enforce this due to the cost. While import limits are unknown on a
state-by-state basis, for state-by-state tax rates see
http://tobaccofreekids.org/reports/settlements (pick a state on their map to
see the details). While it is an anti-smoking website, it is clearly evident
they are upset with most states for diverting funds intended for prevention and
smoking related illnesses into the general fund.
Buying cigarettes on the indian reservations
Cigarettes for sale on indian reservations are generally a few dollars cheaper
per carton since many are exempt from certain state tobacco taxes (perhaps
federal as well). Any savings would vary between states and reservations. As far
as we know, there is no purchase limit imposed by any state.
Hopefully this webpage was of some help. As pointed out in my article
Tobacco Taxation and Constitutional Rights, the whole
matter surrounding tobacco regulations and taxes is a travesty. Good luck in
your quest for justice.
A.O. Kime
Check out our wide variety of articles within
These incredible books by A.O. Kime are available here!
~ purchase through Amazon, Barnes & Noble or Authorhouse ~
 |
Wisdom from the Golden Ages!
As the ancients did, learn how to discover the secrets of life... |
 |
The real story of the Stone Age!
Learn we didn't evolve from an ape nor crawled from the sea...
|
Although STD LEX is primarily metaphysical in nature, it extensively addresses human-rights issues
This website and contents are explained in our Introduction
>TOP
>HOME
| 
METAPHYSICS·
ANCIENT HISTORY· SOCIOPOLITICAL ISSUES· AGRICULTURE· DIRECTORIES
