Stockpiling up cigarettes by yourself is not considered a crime

If you don't sell it, you won't break the law, but if you make too many mistakes, you will be investigated.

Just don't sell and buy, I hope it helps you.

1. Is it illegal for cigarette dealers to collect cigarettes?

1. Whether it is illegal for a cigarette dealer to collect cigarettes needs to be judged according to the following circumstances:

1) Where a tobacco monopoly license is legally obtained, the tobacco monopoly shall be produced and traded in accordance with the scope and validity period of the tobacco monopoly license;

2) In the absence of a tobacco monopoly license or transportation license, cigarettes from a tobacco hotel with a tobacco license and resell them to other provinces to earn the price difference, this behavior is illegal, and the circumstances may constitute the crime of illegal business.

2. Legal basis: Article 28 of the Measures for the Administration of Tobacco Monopoly Licenses.

Those who have obtained a tobacco monopoly license shall produce and sell tobacco monopoly products in accordance with the scope and validity period of the tobacco monopoly license in accordance with the law.

2. Is it illegal for thieves to use cigarettes?

If you know that it is stolen goods, you will be guilty of an offence. Whoever clearly knows that they are criminal proceeds or the proceeds thereof, harbors, transfers, purchases, sells them on behalf of others, or otherwise conceals or conceals them, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine = where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine. Guilt should not be presumed without knowledge.

3. Can I go to jail if I sell cigarettes without a license?

Selling cigarettes without a license will result in jail time. Selling cigarettes without a license is an illegal business operation, and it is illegal to purchase cigarettes through other channels except for local tobacco wholesale enterprises. If the business amount reaches 50,000 yuan, or the illegal income is more than 10,000 yuan, it constitutes a crime and can be sentenced.

Legal Analysis: It is not illegal to sell cigarettes, but it is illegal to sell cigarettes without a tobacco license.

Legal basis: Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Illegal Production and Sale of Tobacco Monopoly Products: In any of the following circumstances, the illegal operation of tobacco monopoly products shall be found to be "serious circumstances" as provided for in article 225 of the Criminal Law:

1) The amount of illegal business operations is 50,000 yuan or more, or the amount of unlawful gains is 20,000 yuan or more;

2) Illegally dealing in more than 200,000 cigarettes;

3) Having received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and illegally dealing in tobacco monopoly products in an amount of 30,000 yuan or more.

In any of the following circumstances, it shall be found to be "especially serious circumstances" as provided for in Criminal Law article 225:

1) The amount of illegal business operations is 250,000 yuan or more, or the amount of unlawful gains is 100,000 yuan or more;

2) Illegally dealing in 1 million or more cigarettes.

Article 9 The term "tobacco monopoly" as used in this Interpretation refers to cigarettes, cigars, shredded tobacco, re-cured tobacco leaves, tobacco leaves, cigarette papers, filter rods, tobacco tows, and tobacco-specific machinery.

Legal analysis: the amount of illegal business operations is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan; illegally dealing in more than 200,000 cigarettes; Those who have received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and who have illegally dealt in tobacco monopoly products in an amount of 30,000 yuan or more, shall be deemed to have "serious circumstances" as provided for in article 225 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

Legal basis: Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China

Article 25 Enterprises or individuals who have obtained a tobacco monopoly retail license shall purchase goods from the local tobacco monopoly wholesale enterprise and accept the supervision and management of the tobacco monopoly license issuing authority.

Article 60 Enterprises or individuals who have obtained a tobacco monopoly retail license in violation of the provisions of the second paragraph of Article 25 of the Regulations shall be confiscated by the administrative department in charge of the tobacco monopoly key code and may be fined not less than 5% but not more than 10% of the total amount purchased.

1. Is it illegal to sell cigarettes?

1. Whether it is illegal to sell cigarettes depends on the situation, and the analysis is as follows:

1) If you buy tobacco without permission, it is definitely a crime. Where the amount of illegal tobacco sold is relatively large or the circumstances are relatively heinous, they shall commit the crime of illegal business operation and shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention in accordance with law, and/or a fine of not less than one time but not more than five times the amount of unlawful gains;

2) If it is bought and sold from a regular channel, it is legal.

2. Legal basis: Article 225 of the Criminal Law of the People's Republic of China.

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

2. What is the crime of tobacco trafficking?

Tobacco reselling is an illegal business crime.

Where the resale of tobacco monopoly products constitutes a crime, criminal responsibility shall be pursued in accordance with law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the resold tobacco monopoly products and illegal gains, and may impose a fine concurrently. Where the administrative department in charge of tobacco monopoly or the staff of a tobacco company takes advantage of their position to commit a crime, they shall be given a heavier punishment in accordance with law.

Summary. The act of rolling cigarettes and smoking by oneself is not an illegal act, and the law does not prohibit xing. However, it is illegal for any citizen to sell tobacco without permission, and it is illegal for China to operate without permission under the monopoly system.

At present, the production, sales, import and export of monopoly products in the tobacco industry and other sales situations are subject to special monopoly management in accordance with China's laws, and private sales are not allowed without the permission of the state. The relevant laws and regulations stipulate that cigarettes, re-cured tobacco leaves, shredded tobacco, and cigar tobacco must be registered with the industrial and commercial bureau for trademark registration. Any manufacturer who illegally sells tobacco monopoly products without permission, and the circumstances are very serious, shall be punished in accordance with laws and regulations for the crime of illegal business operation of producers and operators.

Hello, dear, it's a pleasure to answer this question for you, <>

It is not illegal to buy too many cigarettes, and to store ** cigarettes at home, you have to look at them to determine whether it is illegal. If the cigarettes are purchased from the tobacco monopoly group, it is not illegal to store them in a cracked or disorderly home. But if you collect 200 real cigarettes locally, this situation is illegal.

The act of rolling cigarettes and smoking by oneself is not an illegal act, and the law does not prohibit xing. However, any citizen's act of selling tobacco without permission is illegal, and the monopoly system implemented in China is illegal to operate without permission. At present, the production, sales, import and export of monopoly products in the tobacco industry and other sales are in accordance with the laws of our country, and private sales are not allowed without the permission of the state.

The relevant laws and regulations stipulate that cigarettes, re-cured tobacco leaves, shredded tobacco, and cigar tobacco must be registered with the industrial and commercial bureau for trademark registration. Any manufacturer who illegally sells tobacco monopoly products without permission, and the relationship is very serious, shall be punished in accordance with laws and regulations for the crime of illegal business operation of producers and operators.

Article 19 of the Tobacco Monopoly Law of the People's Republic of China stipulates that cigarettes, cigar liquid oak cigarettes and packaged tobacco must apply for trademark registration. It is forbidden to produce or sell tobacco products that counterfeit the registered trademarks of others.

Legal analysis: If you don't open a store and don't sell tobacco licenses, selling cigarettes is an illegal business crime and violates the law. Such an act is likely to constitute the crime of illegal business operation.

If it is true that there is no qualification to sell tobacco, it is likely to constitute the crime of conglomeration and trafficking. If the tobacco company knows, it can also bear administrative penalties, such as fines.

Legal basis: Where Article 225 of the Criminal Law of the People's Republic of China restricts, violates national restrictions, infiltrates any of the following illegal business practices, disrupts market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items restricted by laws or administrative regulations without permission.

It's not illegal, after the cigarettes are completed and the certificate is drafted, these cigarettes can't be taken back. The Tobacco Bureau has the power to enforce the law, and without a tobacco monopoly retail license, it is not allowed to engage in tobacco monopoly retail business.

Legal basis: Article 4 of the Provisions on Administrative Punishment Procedures for Tobacco Monopoly Tobacco Monopoly shall be investigated and dealt with by the administrative authorities of tobacco monopoly at all levels in accordance with the law, and shall not be subject to illegal interference.