Maryland's Cigar Mailing Ban!!!

Started by Ragicrekoms, 05/05/2011 10:19 AM

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Ragicrekoms

Have you guys heard Maryland has ban the shipping of cigar bought via the internet starting this pass monday 5/2/11.  This is really bad for guys like me who like to shop for a deal.  Most local cigar shop have there cigars really over priced.  Even thought i still buy from my local cigar shop (not a lot but enough) just to hang out and chat with my cigar loving buddies.  But this ban has me fired up because if it happen in one state it can happen to others unless we put a stop to this. :mad:

nwb

Yes, I heard about this.  IIRC, it only applies to people living in Maryland buying from vendors located in Maryland.  Although it really sucks and I disagree with the politics, you should still be able to purchase over the internet.
Chief of Shaft

Ragicrekoms

No this applies to venders out of the state of Maryland trying to ship to Maryland.  According to Cigars Internation my package can not be delivered since I live in Maryland i have to go to a cigar shop and buy my cigars there, which really sucks.  I did not know about this law or I would have stocked up. :-(

whodeeni

QuoteRagicrekoms - 5/5/2011  12:30 PMNo this applies to venders out of the state of Maryland trying to ship to Maryland.  According to Cigars Internation my package can not be delivered since I live in Maryland i have to go to a cigar shop and buy my cigars there, which really sucks.  I did not know about this law or I would have stocked up. :-(

Just have a buddy buy them for you and ship them to you.
If smoking cigars is on the Darkside, I don't ever
want to see the light!!!

nwb

QuoteRagicrekoms - 5/5/2011  12:30 PM

No this applies to venders out of the state of Maryland trying to ship to Maryland.  According to Cigars Internation my package can not be delivered since I live in Maryland i have to go to a cigar shop and buy my cigars there, which really sucks.  I did not know about this law or I would have stocked up. :-(

Oh man, that sucks!  I must have misread the law.  I'd take Excel's advice - the savings on cigar prices will make up for the shipping costs to get them from your friend's house to yours.
Chief of Shaft

Ragicrekoms

Well I have no other option but have it sent to my buddy.  I hope Cigars International can have this law over turned.

This is what i got from CI when i placed my order.

Recent changes in Maryland law prohibit us from shipping cigars into Maryland. We are currently working with Maryland, and looking for a solution. All orders will be held until a mutually agreed upon solution. We hope to have a decision in the next few days. Until then, your order is on hold.
 :-(

NES Tek

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ROTHNH

#8
How on earth can they enforce this?

Voluntary compliance from out of state vendors and package delivery services such as UPS, FedEx, etc. seems unlikely, as doing so would hurt their business in sales and require extra time and expense to enforce.  Unless the return address or something else on the package identifies the contents as cigars there isn't anything to indicate what's in the package, so one would assume cigars could and would be delivered to Maryland addresses sliding under the new law ... hell, if Cubans cigars are getting to customers from Switzerland tax-free in spite of Federal and State prohibitions now, I don't see how Maryland can do any better enforcing theirs.

Many states, in violation of the Constitution, have attempted and are still trying to regulate interstate commerce, which is what Maryland is doing in this case.  Interstate commerce is under the sole purview of the Federal Government.  Thus far, most states have dropped this nonsense and satisfied themselves with the status quo (i.e., you pay taxes on your taxable items if the vendor has a B&M in your state -- otherwise the customer who owes taxes on goods purchased out of state -- via the internet, on the phone, by USPS, UPS & all package delivery companies, or in person -- is personally and legally required to report and pay for any and all state taxes due on their purchases).

Slightly off topic, but of serious concern and an on fire topic on the foodie, wine, liquor and beer blogs is a current push, instigated by highly paid Congressional Lobbyists representing beer, liquor and wine distributors nationwide, to urge the passing of a Federal Law (HR 1161) banning all interstate shipments of wine, beer and liquor.  This is immensely popular among the members of Congress (already dozens of co-sponsors) because these distributors contribute large sums of money to both parties and to politicians' campaign coffers.  Read more about this and what you can do about it here:  http://www.zesterdaily.com/zester-soapbox-articles/903-wine-shipping-politics-hr-1161


Dave S.

I thought interstate commerce and the United States Postal Service (an oxymoron) were under the jurisdiction of the federal government.

Not sure Maryland's law will hold up.




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Brlesq

Wow!  The published MD law actually states:

"The purchase and sale of OTP by mail or over the internet is prohibited."

OTB = other tobacco products.  

:mad:
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87North

QuoteROTHNH - 5/5/2011  12:48 PM

How on earth can they enforce this?

Voluntary compliance from out of state vendors and package delivery services such as UPS, FedEx, etc. seems unlikely, as doing so would hurt their business in sales and require extra time and expense to enforce.  Unless the return address or something else on the package identifies the contents as cigars there isn't anything to indicate what's in the package, so one would assume cigars could and would be delivered to Maryland addresses sliding under the new law ... hell, if Cubans cigars are getting to customers from Switzerland tax-free in spite of Federal and State prohibitions now, I don't see how Maryland can do any better enforcing theirs.

Many states, in violation of the Constitution, have attempted and are still trying to regulate interstate commerce, which is what Maryland is doing in this case.  Interstate commerce is under the sole purview of the Federal Government.  Thus far, most states have dropped this nonsense and satisfied themselves with the status quo (i.e., you pay taxes on your taxable items if the vendor has a B&M in your state -- otherwise the customer who owes taxes on goods purchased out of state -- via the internet, on the phone, by USPS, UPS & all package delivery companies, or in person -- is personally and legally required to report and pay for any and all state taxes due on their purchases).

Slightly off topic, but of serious concern and an on fire topic on the foodie, wine, liquor and beer blogs is a current push, instigated by highly paid Congressional Lobbyists representing beer, liquor and wine distributors nationwide, to urge the passing of a Federal Law (HR 1161) banning all interstate shipments of wine, beer and liquor.  This is immensely popular among the members of Congress (already dozens of co-sponsors) because these distributors contribute large sums of money to both parties and to politicians' campaign coffers.  Read more about this and what you can do about it here:  http://www.zesterdaily.com/zester-soapbox-articles/903-wine-shipping-politics-hr-1161



They threw the Constitution out the window a while back.  Desperate times call for desperate measures... and these states are desperate.  Pathetic and desperate.   :mad:
Guru of "Sarcastic Wit and Folksy Wisdom"

SenorPablo

#12
Yes being from Maryland this is just another horses**t way of these aholes to collect more tax revenue.  They are one of the states that do the same thing with the shipping of wine.  Eventually it will be anything they feel they are losing tax revenue on in masses.

Here's an idea for a new business.  Setup a mail relay facility.  Where you basically get a PO Box in a state that has no restrictions on these things.  You can have anything mailed to that Box and it gets immediately re-addressed and re-mailed to your real address for a small fee above the shipping.  I wonder the legality issues of such a thing?  If you (as this new business owner) don't know what is in the box is it your responsibility to have to worry about it?  :confused:

-Paul
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ROTHNH

Quote87North - 5/5/2011  2:56 PM

They threw the Constitution out the window a while back.  Desperate times call for desperate measures... and these states are desperate.  Pathetic and desperate.   :mad:

As noted, many states have tried before.

Unless the U.S. Constitution is further amended,  Article 1, Section 8, known as the Commerce Clause clearly states: "The Congress shall have Power to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes." -- Individual states do not.

But sadly, illegal or not, states are making inroads at an alarming rate.


kennyg

I feel for you guys in Maryland.  It's a liberty that has been removed from you, by those whom you've elected...... to help serve you.


We undoubtedly in New York are next to be hit. NY follows a couple of states in policy. 1, California, 2. Mayland

KennyG : )

Ken Kelley

QuoteROTHNH - 5/5/2011  3:27 PM

Quote87North - 5/5/2011  2:56 PM

They threw the Constitution out the window a while back.  Desperate times call for desperate measures... and these states are desperate.  Pathetic and desperate.   :mad:

As noted, many states have tried before.

Unless the U.S. Constitution is further amended,  Article 1, Section 8, known as the Commerce Clause clearly states: "The Congress shall have Power to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes." -- Individual states do not.

But sadly, illegal or not, states are making inroads at an alarming rate.


I'm sure Holder, et. al., will get on this unconstitutional restraint of trade just any minute now!  :rolleyes:
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whodeeni

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want to see the light!!!

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kola

That whole constitution thing is such a bother isn't it ... let's just ignore it.

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horrido

This is as bad as what we have....76 percent tax rate which really sucks. So much for living in a free country now its even worse for you in Maryland. Do you have a friends address in a nearby state that you can get your packages to maybe you can drive close by but then that stops the savings you have. I think someone is trying to make sure their cigar business in Maryland is not going to go under by killing the internet shopping for cigars. So much for free trade anywhere.
"As you approach thirty, you have a thirty ring gauge; as you approach fifty, you have a fifty ring gauge."
-- Cuban saying

elmokfo

Well this totally sucks.  Although I'm in Wyoming right now we should be moving back to MD in the next year or 2.  I hope they have it sorted out by then.  Otherwise I'm going to have to have everything shipped to my father-in-law in VA and just pick it up there.

horrido

Hey, A guy could do excellent business just outside of the MD state line and set himself up with a Post Office box rental or warehouse rental business...and rent spaces out to cigar lovers from MD.  :lmao:  :lmao:  :lmao: There is always a way.......
"As you approach thirty, you have a thirty ring gauge; as you approach fifty, you have a fifty ring gauge."
-- Cuban saying

nwb

Quotehorrido - 5/5/2011  8:57 PM

Hey, A guy could do excellent business just outside of the MD state line and set himself up with a Post Office box rental or warehouse rental business...and rent spaces out to cigar lovers from MD.  :lmao:  :lmao:  :lmao: There is always a way.......

Actually, that is a pretty good idea.  Maryland is not a very big state, so having a big humidor across the state line would be pretty lucrative.  We see it in GA with fireworks - on every major highway, there is a firework stand/store within a mile of the state line...
Chief of Shaft

bobggg

Famous Smoke and JR Cigars are still shipping to Maryland.

Herfin' Chef

Quotekola - 5/5/2011  6:03 PM

That whole constitution thing is such a bother isn't it ... let's just ignore it.

:lmao:  :lmao:  :lmao:  :lmao:
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