# Is there a limit on amount of tobacco one can carry across state lines? **URL:** \ **Category:** Factual Questions\ **Created:** [August 30, 2007, 12:51am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443 "2007-08-30T00:51:50Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [August 30, 2007, 12:51am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/1 "2007-08-30T00:51:50Z")
My mother-in-law is flying from Florida to Pennsylvania. Smokes are cheaper down here and she was wondering if there was a legal limit as to the number of cartons she could fly with back to PA. I don’t think there is, but can’t find any info. Ideas? ---
**Author:** ![A.R.Cane](https://avatars.discourse-cdn.com/v4/letter/a/ee7513/32.png) [@A.R.Cane](https://boards.straightdope.com/u/A.R.Cane)\ **Post date:** [August 30, 2007, 1:31am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/2 "2007-08-30T01:31:00Z")
It’s the state taxes that might put her in jeopardy. She’ll most likely have no problem, but transporting items across state lines, for the purpose of avoiding taxes, is illegal in most states. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [August 30, 2007, 1:49am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/3 "2007-08-30T01:49:16Z")
Just simplifying, there is a concept of a “use tax” that has been rarely enforced over the years. Say you live in Massachusetts and buy a fancy couch for $3000 from a guy in New Hampshire which has no sales tax. Massachusetts sees that and is resentful that you didn’t pay equal tax on the couch so now you owe that tax as a use tax to Massachusetts. It is the stupidest thing I ever heard of too but there is probably a place for it on your state tax form. Cigarettes are getting cracked down on that hard all over the U.S. for a similar principal. She would technically need to make up the difference paid to her home state making the whole exercise pointless. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [August 30, 2007, 2:02am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/4 "2007-08-30T02:02:02Z")
I’m not talking about evading taxes. PA and FL have very similar excise taxes on cigarettes. The difference is that FL allows more competition in pricing, while PA sets price limits at the state level. I’m looking for more of a “bootlegging” aspect of the law, similar to transporting alcohol across state lines. ---
**Author:** ![A.R.Cane](https://avatars.discourse-cdn.com/v4/letter/a/ee7513/32.png) [@A.R.Cane](https://boards.straightdope.com/u/A.R.Cane)\ **Post date:** [August 30, 2007, 2:50am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/5 "2007-08-30T02:50:52Z")
[QUOTE=jtgain] I’m not talking about evading taxes. PA and FL have very similar excise taxes on cigarettes. The difference is that FL allows more competition in pricing, while PA sets price limits at the state level. I’m looking for more of a “bootlegging” aspect of the law, similar to transporting alcohol across state lines. [/QUOTE] You’re missing the point. Pa. doesn’t care what Fl’s tax rate is, they only care that they are not getting their taxes on the imported cigs. You might want to check this site: [http://www.rev421.state.pa.us/revenue/cwp/view.asp?a=180&q=248930](http://www.rev421.state.pa.us/revenue/cwp/view.asp?a=180&q=248930) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 30, 2007, 3:03am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/6 "2007-08-30T03:03:32Z")
> [@](#): > > If a Pennsylvania resident is found in possession of more than one carton, but less than five cartons of cigarettes not marked with a Pennsylvania tax stamp, he or she could be subject to a maximum of 90 days imprisonment and/or a fine of $300. If a Pennsylvania resident sells unstamped cigarettes, he or she could be subject to a maximum of 60 days imprisonment and/or a fine of up to $1,000. [http://www.revenue.state.pa.us/revenue/cwp/view.asp?a=208&q=259451](http://www.revenue.state.pa.us/revenue/cwp/view.asp?a=208&q=259451) ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [August 30, 2007, 3:08am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/7 "2007-08-30T03:08:52Z")
[QUOTE=Gfactor] [http://www.revenue.state.pa.us/revenue/cwp/view.asp?a=208&q=259451](http://www.revenue.state.pa.us/revenue/cwp/view.asp?a=208&q=259451) [/QUOTE] Good find, Gfactor. Fuck me blind. What a harsh penalty for flying back with smokes! ---
**Author:** ![postcards](https://avatars.discourse-cdn.com/v4/letter/p/8e8cbc/32.png) [@postcards](https://boards.straightdope.com/u/postcards)\ **Post date:** [August 30, 2007, 3:11am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/8 "2007-08-30T03:11:06Z")
I would think if she’s only carrying a carton or two, no one will really care. Filling all her luggage (or the trunk of her car, were she driving) with assorted brands would probably earn her a set of stainless steel bracelets. If it were me, I wouldn’t give a carton or two a second thought. (I know, I know. Opinions aren’t answers to questions; I’m trying for a common-sense approach. Which, upon posting and now editing and reading **Gfactor** ’s post, seems to be PA’s statute.) ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [August 31, 2007, 2:04am UTC](https://boards.straightdope.com/t/is-there-a-limit-on-amount-of-tobacco-one-can-carry-across-state-lines/417443/9 "2007-08-31T02:04:37Z")
When I lived in southern Indiana, there were occasional news stories about the police stopping cars coming in from Kentucky with large numbers of cigaret cartons. I think the limit at that time was something like 10 cartons for personal use. I’m sure that’s no longer correct, but yes, many states do have a limit of some kind.