Posted on 10/21/2003 3:45:07 PM PDT by SheLion
AUGUSTA — Special-order cigar smokers are angry over a new law designed to keep youths from ordering tobacco products over the Internet, saying it's affecting legal-aged cigar puffers who can no longer order their favorite brands.
Scores of angry consumers have been bombarding the state with calls to complain their rights are being squashed and their lives managed too closely, according to legislative staff who have been taking calls.
Some say their favorite brands aren't available anywhere near their towns. A few slam down the phone in frustration and anger.
"It's an incredible intrusion on my rights," said Pat Michaud, a portrait photographer from Augusta, who bought direct from Thompson Cigar in Tampa for years until Thompson dropped Maine from its direct-order business Sept. 13.
UPS has also stopped delivering tobacco products to consumers in Maine because of the law's requirements.
"It's a little too Big Brother. Sort of burned the house to catch the mouse," said Michaud, 50, who is now thinking of having his cigars mailed to a friend in New Hampshire.
But those who wrote the law defend it as fair because it holds all tobacco retailers - whether the corner store or a mail-order business - to the same standards for checking IDs and paying tobacco taxes.
Maine's law, which took effect Sept. 13, makes it illegal for anyone except licensed tobacco retailers to sell tobacco products to consumers in Maine.
It also requires tobacco retailers, when taking the first order from a consumer for delivery, to get a copy of a government-issued document that provides the buyer's name, current address, photograph and date of birth.
Retailers must also get signed, written statements documenting that each buyer is of legal age - at least 18 - to purchase tobacco products in the state.
Buyers must document that they understand that it's illegal to purchase tobacco products for subsequent resale or delivery to anyone under 18. Tobacco retailers must verify purchasers' ages using a database of government records before shipping.
Submitting tobacco orders in the name of another person can result in fines of as much as $10,000.
The law was passed with support of an unlikely alliance of cigarette companies and health and anti-smoking groups. The cigar industry is dismayed its products were put under the bill's reach, and a spokesman is concerned it will catch on elsewhere.
"To the extent that it's such a precedent, it's a concern," said Norm Sharp of the Cigar Association of America Inc.
New York in 2000 prohibited deliveries of Internet and mail-order shipments of cigarettes to consumers, and Congress is considering a law that has many similarities to Maine's, said John Archard of the Maine attorney general's office, who helped draft the Maine law.
Tobacco retailers say they will benefit from the new law because they will pick up new tobacco sales. They also say the new law clarifies state policy to ensure that no tobacco products can be sold in Maine unless taxes are paid, plugging a revenue leak that existed under the previous law.
"The law is to my advantage," said Mike Discatio, manager of Joe's Smoke Shop and Variety Store in Portland. "It isn't right for people off the street to buy cigars cheaper than I pay."
Sharp said he doesn't believe the state stands to gain much money in new tax revenues by cracking down on mail-order cigar dealers. And including cigar mail-order companies under the law makes little sense because few minors care for cigars, he said.
Under the Maine law, the person to whom the tobacco products are addressed must be of legal age to purchase tobacco products and must sign for the package. If the buyer is younger than 27, a government-issued identification must be shown at the time of delivery.
UPS stopped consumer tobacco deliveries in Maine because it would have had to modify its procedures for one product, but it still delivers to licensed retailers in the state, said spokeswoman Susan Rosenberg.
Like other states, Maine has taken numerous steps to reduce smoking among adults and prevent youths from ever starting. Maine has raised cigarette taxes steeply, banned smoking in all public buildings including restaurants and non-Indian bingo halls. As of Jan. 1, 2004, smoking in bars will be outlawed.
Like other states, Maine has taken numerous steps to reduce smoking among adults and prevent youths from ever starting. Maine has raised cigarette taxes steeply, banned smoking in all public buildings including restaurants and non-Indian bingo halls. As of Jan. 1, 2004, smoking in bars will be outlawed.
OUTLAWED. ISN'T THIS CUTE? OUTLAWED!
Big Tobacco isn't paying and the GOVERNMENT isn't paying! It's the MAINE SMOKER WHO PAYS THE TAXES ON THE CIGARETTES.
I can't for the life of me understand why this group hasn't been run out of Maine long before this.
One woman who helps run Partnership goes into the state house in Augusta. When she walks by the smokers, she puts her prissy nose in the air. And we are PAYING HER WAGES! The smokers! No one else! MAINE CAN YOU HEAR ME.........
I'm TELLING you! WE CAN'T GET THROUGH TO THESE PEOPLE!!
We are not only paying Partnership For A Tobacco Free Maine's salary's, the tax dollars from our cigarettes are going into the RACE TRACKS and RACE TEAMS called Kick Butts Racing, sponsored BY the Partnership For A Tobacco Free Maine.
This is what they are using our cigarette taxes for. NOT health care. Not prescription drug care. NOT for the homeless kids! FOR KICK BUTTS RACING! Read this link. It might open up some eyes.................one can only hope:
Kick Butts Racing In Maine Sponsored by the (Maine Smokers) And Partnership For A Tobacco Free Maine
Maine's law, which took effect Sept. 13, makes it illegal for anyone except licensed tobacco retailers to sell tobacco products to consumers in Maine.
BINGO
If you can't tax it (internet) make it illegal.
It's as simple as that. As they say, follow the money.
Many states have banned the shipment of alcohol for years under the pretext of preventing minors from ordering it through the mail. EVERYONE knows that's a crock of bull excrement. In my state, it's an open secret that the local liquor retailers lobby has the legislature in their pocket. No alcohol will be sold here without the retailers getting their cut.
He should consider himself lucky...now he can do business with J.R. Cigar - a company that sells REAL cigars, not floor sweepings.
www.jrcigar.com
100X better than Thompson.
Did you read where UPS won't deliver tobacco products to Maine people anymore? What kind of a dictatorship is THIS???
If that's the case, Mainer's shouldn't be allowed to buy ANYTHING out of the state. Right? Why just tobacco? Why not the whole ball of wax??!!
That's what I just ask! Why just tobacco? Why not the whole ball of wax? Why don't they put a big old wall around Maine and make us all their prisoners???!!!
How can they do this just to tobacco? And what the heck is UPS doing? Are they taking orders now from a Dictator? I KNEW Baldacci hated smokers, but this is over the TOP!
F%$# UPS! If the stuff is shipped as first class mail in a plain wrapper, I'm not sure how Maine can stop it.
ML/NJ
OH HELL YEA. AND TO CLOTH AND FEED THE SOMALI'S IN LEWISTON ON WELFARE WITH OUR MONEY. YOU BETCHA!
They are working on that now. Scalia excused himself. Now it will be a 4-4 vote and then God will be out. Go figure. Who is in charge of America anymore? Don't answer that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.