Washington State Smokers in Trouble

Tobacco Merchants Association

[Max McGarrity]

This little blurb was discovered in the TMA newsletter by one of our eagle-eyed friends and brought to our attention: "Rather than serving as a deterrent, Washington's new $1.42 per pack cigarette excise tax has sent state smokers across the border to Idaho to buy cheaper cigs despite the threat of a $5000 fine and a year in jail if caught."

I sez to myself I sez: "Max, can this be true? A $5000 FINE and a YEAR in jail for buying a pack of cigarettes across the state line??? Not knowing the answer, I put out some feelers to others in the fight for civil liberties and private property rights and received in return this interesting exchange between "one of us" and "one of them:"

From Audrey, NYC Clash: "Can you please help? There is a story going around that says:

"Washington state, in addition to raising its tax to $1.42/pack, also makes it a crime punishable by a $5000 fine and 6 mos in stir to buy your smokes across the state border."

Note that the question concerns OUT OF STATE sales, not unstamped cigarettes bought at Indian reservations in WA state. If it is true, does it apply to personal consumption as well? Thank you for your time."

This came in return: Good Morning - Here's hoping we answer your questions to the fullest extent possible.

Fact #1: The state tax on a pack of cigarettes in WA is $1.425 or $14.25 per carton. Currently this is the highest in the country. In April, New York once again takes over the top tax title, but until then, we are it!

Fact #2: Unlike alcoholic beverages, the Washington Legislature has not provided for any minimum purchase of cigarettes to be brought into the state for personal consumption. Therefore, if you are in possession of under 60,000 cigarettes, then the criminal citation you could receive would be for a gross misdemeanor. If you had 60,001 cigarettes, it escalates to a felony.

By the way, the vehicle (car, motor home, airplane, boat, etc.) being used to transport the cigarettes is subject to forfeiture and the administrative penalty that may be imposed, in addition to the tax, is $10 per pack or $250, whichever is greater. The courts set the minimum penalties which may include either a fine or jail or both in combination. The upper limit is more in line with the felony convictions while gross misdemeanor fines have been running between $300 and $500. Hope this answers your questions. If you have others, please contact me at
mcm@liq.wa.gov.
M. Carter Mitchell
Program Manager
> Tobacco Tax Enforcement

[Max McGarrity]

Gleeful little bastid, ain't he? You guys getting together a Washington group should jump all over this--introduce yourselves to your representatives and remind them who works for who.

[jfa1]

Couldn't happen to a nicer state.

[spunkets]

Won't be long before cashiers start hearing, "stick 'em up!"........"gimmie a pack a Winstons!"

[anniegetyourgun]

All conservatives warned that this would happen when the recent initiative to raise the tobacco tax was introduced. Most smokers will go elsewhere (or on the internet) to get their cigarettes cheaper. The Leftists and lib/dem legislators in our state are idiots and they will never learn.

[cmsgop]

Good Post Max

As a Smoker living in Wa State we are screwed!

[Diddle E. Squat]

Maybe I'm just naive, but has these bans of buying out of state merchandise been thoroughly court tested? It just seems to be too big a restriction on freedom. Say you have a house in another state, you buy a big bundle of cigarettes, 3 months later you still are not a criminal, but then you return home to WA and bring your remaining cigs with you, and you become a criminal? Seems to arbitrary. Better yet, say the SAMS or Walmart is across state lines. You buy something in bulk, bring it home, and you are guilty of smuggling? As long as the reasonable inference would be that it is for your family's personal consumption, how can that be illegal?

[Arkinsaw]

ping from the Ozarks

[cmsgop]

Won't be long before cashiers start hearing, "stick 'em up!"........"gimmie a pack a Winstons!"

You Are Right!

We have Indian Cigg's here but Gosh Forbid you are EVER CAUGHT taking them off tribal grounds.MAJOR BUSTED!

Crime will rise here in the Emerald City........COUNT ON IT!

[Hank Rearden]

I'm not a smoker, but I am in favor of grassroots resistance to parasites.

"Hi-ho, hi-ho, to Idaho we go!"

My little poke in the eye of government morons is knowing which Indian reservations have the real (i.e. non-government-approved) explosives for Independence Day and New Year's Eve.

[Wolfie]

By the way, the vehicle (car, motor home, airplane, boat, etc.) being used to transport the cigarettes is subject to forfeiture

Ha ha! Tobacco smokers, welcome to the party!

[101viking]

I don't know, these draconian laws are starting to have an effect on some of the non-smokers I run across lately. People who used to cringe if they saw me take a cigarette out and light it now now say things to me like, "wow, they sure give you smokers a hard time don't they?" I usually reply with some type of quip "like they are making smoking an elitist habit, afterall you have to have some money to be able to smoke these days." The tolerance lvel seems to be shifting, maybe it's only a temporary phenomonon, but for the past 2-3 months I have had far fewer negative encounters with non smokers.

[headsonpikes]

"...and remind them who works for whom."

Are you sure you really want to go there, Max?

The answer, on paper, is one thing; the answer, in reality, may be different.

[Chad Fairbanks]

I used to do that... now I just make my own... oops... did I say that out loud?????? ;0)

Any government morons reading this, it was a joke, ok?

[Free the USA]

Bump List

[monkeywrench]

"> Tobacco Tax Enforcement" Is this a real title? In order to enforce this, they'd have to do state line car searches, and or have trained cigarette sniffing dogs, and at least the ability to check any packages coming to your home. This program would have to have a whole lot of confiscation going on to support itself. When are we going to start suing these bas@#ds out of a job?

[Great Dane]

What happened, did every state become a foreign nation. ???

How did that happen so fast, did anyone get to vote on it. :-}

[kdw]

This is one you can’t blame on politicians. Last fall voters approved (with 66.07%) Initiative Measure No. 773 which increased the taxes.

[Delmont]

I don't smoke, but I pay $7.50 for my Copenhagen, and that my friend is highway robbery. Over in Montana, its only $3.00. Where odes the $4.50 discrepancy come from? Shoot, I should just move back to Arkansas.

[Parmy]

We have got to face facts. The voters in this wonderful State of Washington are a bunch of doofusses. And, I live here.

p.s. Don' t pity me, I don't deserve any.