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UPS agrees to end cigarette deliveries to individuals
United Pro Smoker's Newsletter ^ | 24 Oct 05 | MICHAEL GORMLEY

Posted on 10/25/2005 6:59:09 AM PDT by SheLion

ALBANY, N.Y. - The world's largest shipping carrier, UPS Inc., will stop delivering cigarettes to individuals in the United States under an agreement announced Monday with state Attorney General Eliot Spitzer.

The agreement is the latest in federal and state efforts to combat the sale of under-taxed cigarette and to fight underage smoking. Most under-taxed or untaxed cigarettes are sold by Indian tribes, where the taxation of sales to non-Indians is disputed.

Monday's agreement leaves only the U.S. Postal Service among major carriers to continue to deliver cigarettes to individuals, Spitzer said. He called that practice "an embarrassment." Spitzer continues to negotiate with Federal Express, but they are thought to handle a small amount of the trade, said Spitzer spokesman Marc Violette.

Despite a new policy adopted by the Postal Service in September to refuse delivery of illegal products, the federal service allows employees to accept packages suspected of containing under-taxed cigarettes, Spitzer said.

"Internet cigarette traffickers are increasingly using the federal mail system to distribute their wares," Spitzer said. He said the Postal Service "clearly" has the authority to refuse to deliver cigarettes to individual smokers. "It is an embarrassment that major private companies have stopped carrying contraband cigarettes, but the federal government continues to accept them," said Spitzer, a Democrat running for governor. "Congress needs to step in and stop this practice immediately."

The Postal Service can't stop delivery even if it suspects a package clearly marked as coming from a retailer contains untaxed cigarettes, said Postal Service spokesman Gerry McKiernan.

"There could be souvenirs in the package. We don't know because we can't see inside the package," he said.

Instead, the Postal Service will watch for packages if advised by law enforcement agencies. They also will alert law enforcement agencies when the service is shipping those packages, he said.

"It's up to law enforcement agencies to enforce the law," McKiernan said.

He said private companies have contracts with firms that regularly use their services which identifies materials being shipped. The Postal Service doesn't.

"As far as I'm concerned, it's illegal," said Audrey Silk of New York City Citizens Lobbying Against Smoker Harassment and a Libertarian Party candidate for New York City mayor. "They are exploiting children ... when you employ `for the children' you can get the public to do anything."

Earlier this year, DHL banned cigarette deliveries to individuals nationwide and the nation's largest credit card companies stopped processing payments for cigarette sales.

Spitzer said Internet and mail-order cigarette retailers violate federal, state and local laws governing taxes and underage smoking. Sales to minors also violate federal wire fraud and mail fraud laws, he said.

The agreement with Spitzer matches a nationwide policy at UPS aimed at avoiding the difficulty of complying with a "patchwork" of different state laws enacted in 28 states since 2003, said Steve Holmes, spokesman for the global company based in Atlanta. He said he had no estimate of how much business would be lost.

"Regardless of that issue, we believe it's a prudent business decision and we want to do what's right, of course, by the laws, but we want to do right by our customers and we want to do right by our communities as well," he said.

Violations of the UPS policy would eventually result in suspension of service, according to the agreement.

States lose more than $1 billion a year in tax revenue from Internet tobacco sales, according to the U.S. Bureau of Alcohol, Tobacco and Firearms. Enforcement, however, has been difficult, even though in many states, including New York, the Internet sale of tobacco products is illegal.


TOPICS: Culture/Society; Government
KEYWORDS: anti; antismokers; atf; augusta; baldacci; bans; beach; butts; camel; caribou; cigar; cigarettes; cigarettetax; commerce; drugwar; fda; forces; governor; individual; interstate; kool; lawmakers; lewiston; liberty; maine; mainesmokers; marlboro; msa; nannystate; niconazis; pallmall; pipe; policedstate; portland; postoffice; prosmoker; pufflist; quitsmoking; regulation; rico; rights; rinos; ryo; sales; senate; sintax; smokers; smoking; smokingbans; smuggling; taxes; taxevasion; tobacco; ups; winston; winthrop; wodlist
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To: SheLion

What concerns me is that the Postal Service says they'll alert officials about packages they suspect and leave it up to them to enforce. So you could have a package delivered to you and law enforcement right behind it ready to arrest you.


61 posted on 10/25/2005 9:45:40 AM PDT by beandog (Proud bRushbot - no water, no bucket.)
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To: beandog
What concerns me is that the Postal Service says they'll alert officials about packages they suspect and leave it up to them to enforce. So you could have a package delivered to you and law enforcement right behind it ready to arrest you.

This has us all half nuts.  It sure is mind boggling how "they" are trampling all over a legal product though.  One would think they had better things to do with their time.

62 posted on 10/25/2005 9:50:00 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: nralife
Samson Milde Shag is very close to Marlboro Mediums but it's a little pricey.
I stuff my own for about $1.80 a pack.
63 posted on 10/25/2005 9:54:40 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: SheLion

I wish you'd get a different pic-that one lone tube going the wrong way bugs the hell out of me. :D


64 posted on 10/25/2005 10:49:17 AM PDT by The Foolkiller ( Why......That sounds.....FOOLish!)
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To: The Foolkiller
I wish you'd get a different pic-that one lone tube going the wrong way bugs the hell out of me. :D

Someone else told me the same thing. Sowwie! :)

65 posted on 10/25/2005 11:04:02 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: The Foolkiller
I wish you'd get a different pic-that one lone tube going the wrong way bugs the hell out of me. :D

How's this?


66 posted on 10/25/2005 11:08:07 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion

Now it's bent!


67 posted on 10/25/2005 11:47:19 AM PDT by hattend (Rum and Coke, please!)
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To: hattend
Now it's bent!

That's ok. I won't be getting out my digital camera just to take one picture. You can live with this, right? heh! :)

68 posted on 10/25/2005 11:56:00 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion
Well, I'm already an outlaw:

Living the outlaw life: Freeing your inner outlaw By Claire Wolfe

And, I own an F-350 and a 20' Haulmark. Count me in on the "contraband" transportation enterprise.

69 posted on 10/25/2005 4:37:55 PM PDT by elkfersupper
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To: hattend
OMG! I channeling a distant deceased relative, a member of the Purple Gang. Uh, I'm nowhere near the Detroit River...but our fishing boat..."Gramps, is that you? Where are the maps?"
70 posted on 10/25/2005 4:53:13 PM PDT by blu (People, for God's sake, think for yourselves!)
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To: blu
Is Gramps in this picture?

"Gangsters: Purple Gang members hide their faces from the camera in May 1929 after they were arrested on charges of providing protection to Detroit narcotics dealers. Over the years gang members were accused of hijacking, bootlegging, extortion, kidnaping and murder."


[And to think, all they wanted was a legal drink...LOL!!]

71 posted on 10/25/2005 5:05:56 PM PDT by hattend (Rum and Coke, please!)
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To: hattend
Well, since he never let us take pics of him....I couldn't say! We always suspected there was something nefarious in his past...long after he died the dirt was dished.

Although, the way that guy on the end is holding his hanky looks familiar. :)
72 posted on 10/25/2005 5:16:23 PM PDT by blu (People, for God's sake, think for yourselves!)
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To: SheLion
It's illegal and we all know it. If the reasoning behind all this is supposed to be for "the children", a legal nightmare is in the making. They've opened a can-of-worms that will eventually get out of control. I would like to know how a State Attorney General has the authority to negotiate or mandate policies on behalf of our Federal government with the United Parcel Service, an international company. I notice that no mention has yet been given to this new national US policy on the three websites referenced at the bottom of this story. I checked them thoroughly before posting.

On the Net:
Attorney General's Office: http://www.oag.state.ny.us
Bureau of Alcohol, Tobacco, Firearms and Explosives: http://www.atf.gov
UPS: http://www.ups.com

What kind of negotiation has taken place, or are our new Federal "agreements" now just made up as we go along? What documents are supposed to substantiate this new policy, since this announcement has already been released to the national press? Are we to believe UPS has based this change upon a handshake agreement with Spitzer? One more minor detail, how can this agreement be reconciled with our Constitution?

Of course UPS hasn't been able to deliver cigarettes to Illinois, as far as I know, for about a year now. The list of states requiring delivery via "USPS Priority Mail" grows longer every time I order cigarettes. Looks like the states are running D.C. right now...... Garnet Dawn

73 posted on 10/25/2005 5:57:12 PM PDT by Garnet Dawn (""A society of sheep must in time beget a government of wolves." --Bertrand de Jouvenel)
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This is pure crap.
Harassment. Discrimination. Invasion of privacy.
WHY do we smokers keep right on taking it again and again?!


74 posted on 10/25/2005 7:57:43 PM PDT by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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To: hattend

I doubt that. since almost all of UPS business comes from deliveries of goods purchased in one state, delivered to another state - what will they have left if this decision extends to every product under the sun? just business to business deliveries? they will be about 1/10th their size if that happens.


75 posted on 10/25/2005 8:04:57 PM PDT by oceanview
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To: Just another Joe; SheLion; RandallFlagg

"Samson Milde Shag is very close to Marlboro Mediums but it's a little pricey. I stuff my own for about $1.80 a pack."



Thanks for the tip. I really should quit smoking. I think I'll order the gadgets and makings anyway one of these days. They could come in handy in lots of situations.

I wonder why nobody has pinged Randall Flag to this thread yet? SheLion, is he your husband? He is a big promoter of stuff your owns here.


76 posted on 10/26/2005 8:01:53 AM PDT by nralife
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To: eyespysomething
Anyone want to make a bet on how long before cigerettes and other tobacco products are illegal?

Never.

It is a tremendous source of taxes revenue. Users get addicted, then pay a ton of taxes to maintain the habit. Its more likely that meth will become legal before tobbaco is made illegal.

77 posted on 10/26/2005 8:15:04 AM PDT by kidd
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To: nralife

SheLion's the one who turned me onto RYO.


78 posted on 10/26/2005 8:15:56 AM PDT by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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To: RandallFlagg

There you are! lol

Do you happen to know of anything besides Samson Milde Shag that resembles Marlboros? Joe says it is kind of pricey. You may have posted about this in the past, but I have forgotten what you said.


79 posted on 10/26/2005 8:21:45 AM PDT by nralife
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To: nralife

Well, I never really liked Marlboros, but my Wife smoked Marlboro lights and she switched to the Farmer's Gold light when I started rolling my own. I smoke the full flavor Farmer's Gold.


80 posted on 10/26/2005 8:23:57 AM PDT by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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