The Prohibitions Related to Certain Cigarettes crime in the state of Texas makes it illegal to own, posses, or transport cigarettes for sale or distribution knowing that the cigarettes do not comply with all requirements and taxes the federal government puts on them. Learn more detailed information about the Prohibitions Related to Certain Cigarettes offense below.

Prohibitions Related to Certain Cigarettes is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.”

What is the current Texas law about Prohibitions Related to Certain Cigarettes?

The current Texas law defines the offense of Prohibitions Relating to Certain Cigarettes in Penal Code Section §48.015 as follows:^[1]

(a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:

(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or

(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.

How can I be charged with Prohibitions Related to Certain Cigarettes?

You can be charged with Prohibitions Related to Certain Cigarettes if the state’s attorneys believe that each of the elements of 48.015(a) as described in the section above have been met.

What is the punishment for Prohibitions Related to Certain Cigarettes?

A conviction for Prohibitions Related to Certain Cigarettes is punished as a Class A misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §48.015^2. Texas Penal Code §48.015(b)