The Texas Prohibitions Relating to Certain Cigarettes law in the state of Texas makes it illegal to own, possess, 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.
FAQs about the
Prohibitions Relating to Certain Cigarettes law in Texas
- What is the current Texas law about Prohibitions Relating to Certain Cigarettes?
- What is the penalty for a Texas Prohibitions Relating to Certain Cigarettes offense?
- How can I be charged with a Prohibitions Relating to Certain Cigarettes offense in Texas?
- What is the statute of limitations for Prohibitions Relating to Certain Cigarettes in Texas?
- Can you get probation for Prohibitions Relating to Certain Cigarettes in Texas?
- What level of crime is Prohibitions Relating to Certain Cigarettes in Texas?
The Texas Legislature codified this criminal offense in Texas Penal Code Section 48.015. The Legislature did not update this law in 2025. In fact, this law has not been amended since 2001.
The Penal Code classifies the Texas Prohibitions Relating to Certain Cigarettes law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.” Learn more about the Texas offense of Prohibitions Relating to Certain Cigarettes below.
What is the current Texas law about Prohibitions Relating to Certain Cigarettes?
Texas Penal Code §48.015 currently defines Prohibitions Relating to Certain Cigarettes 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.
What is the penalty for a Texas Prohibitions Relating to Certain Cigarettes offense?
A conviction for Prohibitions Related to Certain Cigarettes in Texas is punished as a Class A misdemeanor,[2] with a maximum possible fine of up to $4,000 and jail time of up to one year.
How can I be charged with a Prohibitions Relating to Certain Cigarettes offense in Texas?
You can be charged with Prohibitions Related to Certain Cigarettes in Texas if the state’s attorneys believe that each of the elements of §48.015(a) as described in the section above has been met.
What is the statute of limitations for Prohibitions Relating to Certain Cigarettes in Texas?
As a misdemeanor, Prohibitions Relating to Certain Cigarettes charges have a two-year limitations period.[3]
Can you get probation for Prohibitions Relating to Certain Cigarettes in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Prohibitions Relating to Certain Cigarettes, and judges are also allowed to accept deferred adjudication plea deals.[4]
What level of crime is Prohibitions Relating to Certain Cigarettes in Texas?
The Penal Code classifies Prohibitions Relating to Certain Cigarettes as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References compiled by attorney Paul Saputo:
