Oklahoma § 68-380 - Use or possession of cigarette rolling vending machines

§ 68-380. Use or possession of cigarette rolling vending machines

A. It is hereby declared that the Oklahoma Legislature finds

that the commercial use of cigarette rolling vending machines in

this state has the potential to circumvent various requirements

under Oklahoma law related to the manufacturing, marketing, sale and

taxation of cigarettes. Such use is detrimental to the fiscal

soundness of the state and to the public health.

B. As used in this section:

1. "Cigarette rolling vending machine" means a machine or

device into which loose tobacco and cigarette tubes are placed that

is capable of producing cigarettes; and

2. "Cigarette rolling vending machine operator" means any

person who owns, leases, rents or otherwise has available for use a

cigarette rolling vending machine and makes such machine available

for use by another person in a commercial setting in order to

produce a cigarette.

C. Notwithstanding any other provision of law, the following

shall be prohibited:

1. The use or possession of a cigarette rolling vending machine

for commercial purposes, except as provided in paragraph 1 of

subsection D of this section. A cigarette rolling vending machine

located in a retail business for use, not sale, shall be considered

to be used for commercial purposes;

Oklahoma Statutes - Title 68. Revenue and Taxation

2. The sale, resale, distribution, dispensing, or giving away

to any other person in this state cigarettes produced by a cigarette

rolling vending machine; or

3. Making a cigarette rolling vending machine available for use

by customers of a retail business to produce cigarettes.

D. The provisions of this section shall not apply to:

1. Cigarette manufacturers who have obtained a current federal

Manufacturer of Tobacco Products permit issued by the Alcohol

Tobacco and Trade Bureau ("TTB") to operate as a cigarette

manufacturer; or

2. A cigarette rolling vending machine in a location other than

a retail business, which is exclusively for the personal use of an

individual.

E. Any person who possesses or uses a cigarette rolling vending

machine for commercial purposes in violation of this section is

subject to the following penalties:

1. Revocation or termination of any license, permit,

appointment or commission under Article 3, 3A, 3B, 3C, 4 or 4A of

Title 68 of the Oklahoma Statutes;

2. Forfeiture and destruction of the cigarette rolling vending

machine by the State of Oklahoma after notice and hearing; and

3. Imprisonment for not more than ninety (90) days or a fine

not exceeding Five Thousand Dollars ($5,000.00), or a combination of

both fine and imprisonment, in any action brought by the district

attorney in whose district the cigarette rolling vending machine is

located, or by the Attorney General.

F. The remedies and penalties provided by this section are

cumulative to each other and to the remedies or penalties available

under all other laws of this state.

Added by Laws 2012, c. 202, § 1, eff. July 1, 2012.