Tobacco law Canada

[2Baccy]

Hey just wondering if anyone knows any of the law regarding me say, selling raw leaf tobacco? Do I want to sell raw tobacco, no not really but I’m still interested to know if I can. How about cigars? Can I learn to roll a cigar then sell it? I highly doubt it in this nanny state. How about chew? $30 for a smaller bag of red man then the Americans get for probably $5.
I find it a shame that the government has basicley stood buy and watched as all competition from big tobacco was removed. Proceessing moved to Mexico mostly.
But the fewer processors the easier they are to monitor and tax I guess.
They demonized tobacco use and then got this idea of adding a sin tax.
I feel like if I make a nice chew product and want to sell a bag to joe spits a bunch next door I should be allowed, but no I can’t even give joe a chew legally.
Anyway it’s strange how demonized a plant leaf has become. I guess the political folk are just worried about tooth decay or something I don’t know.

 

[ChinaVoodoo]

http://laws-lois.justice.gc.ca/eng/acts/E-14/page-23.html

A person who grows tobacco on his own land or property and manufactures the tobacco into common Canada twist or cut tobacco solely for the use of himself and such members of his family as are resident with him on the farm or premises on which the tobacco was grown, and not for sale, does not require a licence for so doing, nor is the tobacco so manufactured subject to excise duty, but the quantity so manufactured in any one year shall not exceed fifteen kilograms (15 kg) for each adult member of the family resident on the farm or premises.

Anything else requires a license. It's even illegal to mail tobacco in Canada. Moreover, in Ontario you need a license to even grow it.

 

[2Baccy]

Has anyone ever tried to get a licence? Would it be unobtainable due to upfront costs? In my opinion the market should be open to mom n pop operations. Say a top notch cigar maker for instance should be able to sell his product?

 

[burge]

No you can't sell all leaf has to be used for personal use only. The only thing you are allowed to sell is whole leaf. You can buy sell ship whole leaf tobacco up to 3kgs. You will be risking a lot selling a finished product. I researched fines and it would be worth probably more than your house. The only way you may be able to legally get something going is to start a community college course in cigar rolling. That is a question mark. All it takes is one little idiot to f it up for all of us here in Canada. This forum is for the legal use of whole leaf.

 

[ChinaVoodoo]

Has anyone ever tried to get a licence? Would it be unobtainable due to upfront costs? In my opinion the market should be open to mom n pop operations. Say a top notch cigar maker for instance should be able to sell his product?

Nobody in the forum has been in the industry in Canada. I believe it works like this.

1.You need a license to sell whole leaf to a manufacturer.
2. You need another to manufacture
3. You need another to store untaxed, manufactured tobacco
4. You need another to be able to put tax labels on the product
5. You need a licensed distributer to sell it to because manufacturers are not allowed to sell to retailers
6. You need a retailer license to actually sell it to customers.

Not to be too harsh, it's a nice thing to think about, and I wish it was easier, but forget it. Tobacco business in Canada is not meant for mom and pop.

 

[ChinaVoodoo]

Easiest option would be to grow here and sell whole leaf to a business in another country.

 

[2Baccy]

Thanks guys I have no interest in anything illegal haha just curious as to how hard it would be to do legally. So burge are you saying I can sell whole leaf as long as it’s not in packages greater then 3 kg. No strings attached. And China why do you say sell outside the country?

 

[FmGrowit]

No you can't sell all leaf has to be used for personal use only. The only thing you are allowed to sell is whole leaf. You can buy sell ship whole leaf tobacco up to 3kgs. You will be risking a lot selling a finished product. I researched fines and it would be worth probably more than your house. The only way you may be able to legally get something going is to start a community college course in cigar rolling. That is a question mark. All it takes is one little idiot to f it up for all of us here in Canada. This forum is for the legal use of whole leaf.

I believe you have a fundamental misunderstanding of the law or of the question. The laws are completely different for leaf grown and sold in Canada vs. leaf grown in the US and sold in Canada.

 

[ChinaVoodoo]

Thanks guys I have no interest in anything illegal haha just curious as to how hard it would be to do legally. So burge are you saying I can sell whole leaf as long as it’s not in packages greater then 3 kg. No strings attached. And China why do you say sell outside the country?

Because it would be easier to find buyers. One reason is that in Canada cigarettes are by law 100% flue cured, so you would have to likely do flue cure, only. Another is that there as far as I know, no manufacturers who are looking for specialty products.

 

[burge]

Thanks Don. I just read the tobacco tax act. To 2baccy no you can't sell whole leaf you would have to buy it from a licensed grower. Meaning I could go to Ontario and buy 3kgs and transport up to 5kgs legally without a license. As long as it is for personal use. If I try to sell that leaf or sell a cigar from that leaf I would need a license.

 

[burge]

From my Understanding of the tobacco tax act China I he has 3kgs of virginia left over from his personal grow he could send my a message and ask me if I want to buy it without a license providing the leaves he produced do not go over his 15kg a year limit.

 

[ChinaVoodoo]

I'm not sure I recall reading that. What section?

 

[2Baccy]

I think these are questions for lawyers I can’t understand legal text anyway. It’s strange I can get Canadian whole leaf tobacco but only from American suppliers. I have no problem with this it’s just if we had a Canadian supplier we could avoid customs problems.

 

[burge]

https://www.fin.gov.on.ca/en/tax/tt/rawleaf.html

 

[deluxestogie]

Curiously obtuse law regarding exemptions. It does not specify a time period per weight of tobacco, except for that which you produce or process. By the explicitly stated terms, you could:

• "import up to 3 kilograms of raw leaf tobacco for his or her own personal use" every day of your life.
• "transport up to 5 kilograms of raw leaf tobacco for...another individual's personal use" every day of your life.

This appears to be regardless of how much tobacco you personally possess at any given time.

Bob

 

[burge]

I can tell you one thing for sure we want Canadian Virginia and its super sweet goodness.

 

[ChinaVoodoo]

Here's the easiest thing about understanding this webpage. This is the Ontario tax act and doesn't apply to any of us.

 

[burge]

I think its the federal excise tax quoted. I know some products I have gotten have had the Canada duty paid stamp on it.

 

[CT Tobaccoman]

Hey just wondering if anyone knows any of the law regarding me say, selling raw leaf tobacco? Do I want to sell raw tobacco, no not really but I’m still interested to know if I can. How about cigars? Can I learn to roll a cigar then sell it? I highly doubt it in this nanny state. How about chew? $30 for a smaller bag of red man then the Americans get for probably $5.
I find it a shame that the government has basicley stood buy and watched as all competition from big tobacco was removed. Proceessing moved to Mexico mostly.
But the fewer processors the easier they are to monitor and tax I guess.
They demonized tobacco use and then got this idea of adding a sin tax.
I feel like if I make a nice chew product and want to sell a bag to joe spits a bunch next door I should be allowed, but no I can’t even give joe a chew legally.
Anyway it’s strange how demonized a plant leaf has become. I guess the political folk are just worried about tooth decay or something I don’t know.

Yes, it's a crime what they have done to tobacco. And their justifications for what they have done are all lies, about second hand smoke, so called, and even about the relationship of smoking to cancer. All lies gotten from manipulation of statistics. Canada has been hit harder by the anti tobacco wackos than we here in the states, but it's bad all over. Probably all you can do is try to operate under the radar, with people who can be trusted. Good luck to you. *******************************

 

[CT Tobaccoman]

Yes, it's a crime what they have done to tobacco. And their justifications for what they have done are all lies, about second hand smoke, so called, and even about the relationship of smoking to cancer. All lies gotten from manipulation of statistics. Canada has been hit harder by the anti tobacco wackos than we here in the states, but it's bad all over. Probably all you can do is try to operate under the radar, with people who can be trusted. Good luck to you. *******************************

Thanks, Moderator. Sorry, I'll be more discreet in the future