Sec. 121. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND CIGARETTES OR SMOKELESS TOBACCO
1,921 words·~9 min read·
/statute-compilations/comps-10582/sec-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 121 PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND CIGARETTES OR SMOKELESS TOBACCO ###
(a)Threshold Quantity for Treatment as Contraband Cigarettes ####
(1)Section 2341(2) of title 18, United States Code, is amended by striking “60,000 cigarettes” and inserting “10,000 cigarettes”. ####
(2)Section 2342(b) of that title is amended by striking “60,000” and inserting “10,000”. ####
(3)Section 2343 of that title is amended— #####
(A)in subsection (a), by striking “60,000” and inserting “10,000”; and #####
(B)in subsection (b), by striking “60,000” and inserting “10,000”. ###
(b)Contraband Smokeless Tobacco ####
(1)Section 2341 of that title is amended— #####
(A)in paragraph (4), by striking “and” at the end; #####
(B)in paragraph (5), by striking the period at the end and inserting a semicolon; and #####
(C)by adding at the end the following new paragraphs: > > #### “(6) > > the term ‘**smokeless tobacco**’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; > > > #### “(7) > > the term ‘**contraband smokeless tobacco**’ means a quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than— > > > ##### “(A) > > a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer of tobacco products or as an export warehouse proprietor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent of such person; > > > ##### “(B) > > a common carrier transporting such smokeless tobacco under a proper bill of lading or freight bill which states the quantity, source, and designation of such smokeless tobacco; > > > ##### “(C) > > a person who— > > > ###### “(i) > > is licensed or otherwise authorized by the State where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products; and > > > ###### “(ii) > > has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or > > > ##### “(D) > > an officer, employee, or agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State), having possession of such smokeless tobacco in connection with the performance of official duties;” > . ####
(2)Section 2342(a) of that title is amended by inserting “or contraband smokeless tobacco” after “contraband cigarettes”. ####
(3)Section 2343(a) of that title is amended by inserting “, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages,” before “in a single transaction”. ####
(4)Section 2344(c) of that title is amended by inserting “or contraband smokeless tobacco” after “contraband cigarettes”. ####
(5)Section 2345 of that title is amended by inserting “or smokeless tobacco” after “cigarettes” each place it appears. ####
(6)Section 2341 of that title is further amended in paragraph (2), as amended by subsection (a)(1) of this section, in the matter preceding subparagraph (A), by striking “State cigarette taxes in the State where such cigarettes are found, if the State” and inserting “State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government”. ###
(c)Recordkeeping, Reporting, and Inspection Section 2343 of that title, as amended by this section, is further amended— ####
(1)in subsection (a)— #####
(A)in the matter preceding paragraph (1), by striking “only—” and inserting “such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including—”; and #####
(B)in the flush matter following paragraph (3), by striking the second sentence; ####
(2)by redesignating subsection
(b)as subsection (c); ####
(3)by inserting after subsection
(a)the following new subsection (b): > > ### “(b) > > Any person, except for a tribal government, who engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following: > > > #### “(1) > > The person’s beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco (in total) for such month. > > > #### “(2) > > The total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person (itemized by name and address). > > > #### “(3) > > The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser.” > ; and ####
(4)by adding at the end the following new subsections: > > ### “(d) > > Any report required to be submitted under this chapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded. > > > ### “(e) > > In this section, the term ‘**delivery sale**’ means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if— > > > #### “(1) > > the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or > > > #### “(2) > > the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco. > > > ### “(f) > > In this section, the term ‘**interstate commerce**’ means commerce between a State and any place outside the State, or commerce between points in the same State but through any place outside the State.” > . ###
(d)Disposal or Use of Forfeited Cigarettes and Smokeless Tobacco Section 2344(c) of that title, as amended by this section, is further amended by striking “ seizure and forfeiture, ” and all that follows and inserting > “seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either— > > > #### “(1) > > destroyed and not resold; or > > > #### “(2) > > used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.” > . ###
(e)Effect on State and Local Law Section 2345 of that title is amended— ####
(1)in subsection (a), by striking “a State to enact and enforce” and inserting “a State or local government to enact and enforce its own”; and ####
(2)in subsection (b), by striking “of States, through interstate compact or otherwise, to provide for the administration of State” and inserting “of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local”. ###
(f)Enforcement Section 2346 of that title is amended— ####
(1)by inserting “(a)” before “The Attorney General”; and ####
(2)by adding at the end the following new subsection: > > ### “(b) > > > ####
(1)> > A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151). > > > #### “(2) > > A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph
(1)also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe. > > > #### “(3) > > The remedies under paragraphs
(1)and
(2)are in addition to any other remedies under Federal, State, local, or other law. > > > #### “(4) > > Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law. > > > #### “(5) > > Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.” > . ###
(g)Conforming and Clerical Amendments ####
(1)The section heading for section 2343 of that title is amended to read as follows: > > ## “SEC. 2343 Recordkeeping, reporting, and inspection” > . ####
(2)The section heading for section 2345 of such title is amended to read as follows: > > ## “SEC. 2345 Effect on State and local law” > . ####
(3)The table of sections at the beginning of chapter 114 of that title is amended— #####
(A)by striking the item relating to section 2343 and inserting the following new item:“2343. Recordkeeping, reporting, and inspection.”;and #####
(B)by striking the item relating to section 2345 and inserting the following new item:“2345. Effect on State and local law.”. ####
(4)#####
(A)The heading for chapter 114 of that title is amended to read as follows: > > ## “CHAPTER 114 TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO” > . #####
(B)The table of chapters at the beginning of part I of that title is amended by striking the item relating to section 114 and inserting the following new item:" “114.Trafficking in contraband cigarettes and smokeless tobacco2341. ".
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 121
PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND CIGARETTES OR SMOKELESS TOBACCO
Cites 1Cited by 0 across 0 sources