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Tennessee’s 'cigarette police' targeting smugglers, not smokers
Tennessee officials on Monday said the state’s surveillance of out-of-state tobacco stores is aimed at illegal contraband coming into Tennessee, not a crackdown on customer choice.
Tennessee Department of Revenue Commissioner Reagan Farr said surveillance will be focused on sites near state lines, such as the Weber City portion of Virginia near Lynn Garden, to snuff out those who bring 20 packs of smokes or more into the Volunteer State.
“We really want people to get educated on the law which we have to enforce. That includes the fact that bringing large amounts of cigarettes across state lines without a Tennessee tobacco stamp is illegal,” said Farr in a phone interview from his Nashville office.
The expansion of patrols by the Department of Revenue’s Special Investigation Section comes nearly three months after the tax on a pack of cigarettes in the state increased from 20 to 62 cents.
That hike made cigarettes more expensive in Tennessee than in bordering states like Kentucky and Virginia, where the tax is 30 cents per pack.
“Within recent history, it has not made monetary sense for consumers to cross state lines to bring unstamped product into Tennessee because the tobacco costs, cigarette costs, has been similar to the surrounding states,” Farr said.
“Now that there is a monetary difference, people may be inclined to want to go and purchase and bring unstamped tobacco product into the state. People should know what is allowed beforehand.”
Lawmakers in Nashville earmarked the money from the increase in cigarette tax to educational projects, enhancements in agriculture, and aiding trauma centers statewide.
The annual allocation from the tax is slated to reap Tennessee an estimated $195 million.
A person suspected of having more unstamped cigarettes than the law allows risks losing their cargo and their car, according to the investigation unit, which plans to have one agent staked out at bordering states’ tobacco shops to monitor people with Tennessee car tags.
A published report in The Tennessean states another agent just over the line in Tennessee will be notified and can pull the vehicle over for a legal search, and the automobile and cigarettes can be seized at the officer’s discretion.
Possession of 20 packs or two cartons of cigarettes without Tennessee tobacco revenue stamps is classified as a misdemeanor, according to the agency’s regulations.
Twenty-five cartons or more found in someone’s possession can lead to a Class E felony being lodged against the suspect, the law reads.
Farr emphasized that the customer who goes over into a neighboring state and buys a pack or one carton will not be scrutinized for breaking interstate contraband regulations.
“There is not a problem with bringing a pack of cigarettes without a Tennessee stamp over state lines. That is permissible,” said Farr.
“This is not intended to be a deterrent to those people buying cigarettes in some other place than Tennessee. This is targeted at larger scale purchasing that has led us to black market and Internet sales within our borders illegally.
“There are contraband cigarettes shipped into Tennessee all the time. We have agents who seize and destroy (illegal shipments) all the time.”
Addington Oil President and convenience store owner James Howard Addington said Monday that the amount of manpower and money being spent by Tennessee to monitor consumer cigarettes at Virginia stores such as his borders on hilarity.
“That’s about the silliest thing I’ve heard in awhile. I’m glad to see that the crime rate in Tennessee is going down now that they can dedicate officers to a chore like this,” he said.
“I know (those other businesses) at the state line get a heavier customer base from Tennessee because they are so close, and it decreases a little bit near my place in Weber City. But yes, we do have Tennessee traffic, and they buy cigarettes here.
“Are they going to have the state police set up at Kentucky and North Carolina, too? How dumb can we be? You knew when (Tennessee passed the tax increase on cigarettes) that this was going to happen. They want a better price. This is kind of ridiculous for grown adults to monitor this.”
Farr explained that tobacco ranks high among state-regulated products, and laws attached to those goods must be enforced.
“It’s right up there with alcohol and prescription drugs and with any regulated products that have rules that consumers must follow,” he said.
“You can’t go buy a bunch of prescriptions in Mexico and bring them into the U.S. and say ‘I can spend my money wherever I want.’ The Department of Revenue doesn’t make the rules on these types of products; they enforce them.
“This is an education process because we don’t want to catch unsuspecting consumers who are just not aware of the law and innocently bring in three or four cartons into Tennessee. We don’t want to catch the unsuspecting consumer. We want the smugglers.”
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People dont mind paying extra for good service...at least I dont..
Tennessee does not give good service.
I go to Weber City every two weeks or so and purchase 2 cartons of cigarettes...sometimes an addtional carton for a relative.
Im going to continue my decades long practice but now will be forced to throw one pack away or give it to someone at the store. Or make more frequent trips....lol
Anyhow...I think the state line dealers should come up with a 19 pack special for those who buy 2 cartons at a time. This would keep everyone legal...which is all tennessee wants...~:>... and would continue letting Tennessee smokers shop where they chose.
Now I am not saying Joe and Ron are wrong. However I moved here from MD we did have an income tax and a 5% sales tax (except on groceries). Taxes between here and MD actually come quite close. In Md we had a fleet of 9 modern helicopters piloted and manned by the Maryland state police as well as police work they also transported patients from anywhere in the state to the roof of the world class R. Adams Cowley shock trauma center at the University of Maryland. Yet still had a budget surplus. This all comes after we capped welfare to a 3yr max in ones lifetime. Unfortunately they all moved places like FL and TN where they have learned how to work the system here. So tell me guys why should I support those unwilling to work when I bust my rear? Truly disabled and those truly down on their luck, no problem, Veterans it is my honor to pay taxes for but abusers need to go.
Ok...First they ban smoking in public places, now a $.62 tax hike on tobacco. I'm a smoker and truthfully would like to see tobacco made illegal. Since it's SO dangerous and harmful to people. That would put a big dent in their little plan now wouldn't it? But alas, it won't happen, local and Federal government are always going on about caring about our safety when they allow companies to sell cigarettes and alcohol (which kills more people than car crashes) then sit back and tax it instead of making it illegal.
Isn't America great....
Ms. Ogle, as far as moving to Virginia for a tax break, you do realize that you will then pay a mandatory income tax. The sales tax may be lower, but you'll make up for those "savings" if you become a resident. And no, Tennessee want to portray the new tax increase on tobacco as an "incentive" to quit, thats laughable in itself. If people quit, there goes all that new tax money down the drain. They know better. This law enforcing across the border purchases of large amounts of cigarettes and alcohol is nothing new to any state, it's simply the fact that the "Enforcers" are going to be really visible and vocal around the borders for a bit.
I think all the whining about the more expensive cigs and booze in Tennessee is silly. The main reason they are cheaper across the border is that the people living there are taxed higher in other ways. Tennessee is one of five States with the lowest tax burden. The five states with the lowest tax burden as a percent of income are: Alaska (6.6%) 50th, New Hampshire (8.0%) 49th, Tennessee (8.5%) 48th, Delaware (8.8%) 47th, and Alabama (8.8%). I wonder if the folks who buy their cigs and booze across the border would like a State Income Tax or some other higher tax so their favorite vices might be cheaper. This is a great advantage for the people living near the border. Tennesseans can live in a State where it's cheaper to live and go to nearby States and take advantage of the cheaper prices of their favorite vice. Also consider where the taxes are going. Next time you need a trauma center and find it not up to par or complain about the State's educational system, think about all the folks buying their drinks and smokes across the border and giving the taxes from their purchase to that State.
You have the right to be taxed without representation
You have the right to be Guilty untill proven guilty
You have the right to be free as long as your under control
You have the right to be a cititzen as long as you do as told
You have the right to be Independent as long as your deprived
You have the right to be taxed twice,thrice as much as they get away with
You have the right to be silent as long as your not spoken too.
You have the right to be a murderer as long as its a defenseless human and you pay taxes to perform it
You have the right to be a thief if its for the good of the people
You have the right to be united as long as your not divided !! Its only a matter of time...
I agree with Frank, you do have to anything to save money where and when you can. With a family my self and my husband work to pay the bills and have extra money to buy things we want but tax tax tax makes it impossible for people to live a comfortable life. Next they will tax our taxes.
Well I have to agree with Frank, Tennessee brought this own themselves. I personally am not a smoker; however I do believe that we should be able to shop where we want to and buy the quantity we want to as well. We live so close to Virginia why wouldn't we go to a place were the taxes are cheaper. I try to shop in Virginia when ever possible to save some money. All it seems that Tennessee wants to do is raise taxes on everything. Now JC has a new wheel tax. WHAT NEXT????? Are we all going to have to move to Virginia just to be able to have a tax break? I believe that Tennessee's government officials need to have a sit down and decide if they want to continue to lose revenue to the surrounding states. And were exactly is all this revenue going? Tenn Care is struggling and some of the schools are complaining with poor buildings and over crowding. I would really like to know whose pocket this tax money is being put into. Another thing is why is Tennessee so concerned with the smokers all of a sudden? Like I said I am not a smoker, but it seems that everything is focused on making things harder for them. I have to agree with the ban on smoking in restaurants because of the second hand effects and children being exposed, but limiting the amount that can be purchased?.WOW!!! What did you honestly expect would happen when you hiked the tax, people would just up and quite?yeah right?..
I personally don't smoke however Tennessee brought it on themselves. My computer was purchased tax free off the internet at a savings of nearly 100 dollars, I keep a bottle or two of alcohol in the house purchased when I visit my relatives in MD for nearly half the price of it here. The state would save a ton, probably enough to lower taxes if they were to cut all the heavily abused welfare and tenncare that this state bleeds money on. Oh by the way the new big screen I have been working 60+ hrs a week to save up for will be purchased at the new Sams Bristol...savings of about 150 dollars.You have to save money where you can when you work for it.