# Just how illegal are Cuban cigars in the US?

**URL:** <https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193>\
**Category:** Factual Questions\
**Created:** [July 21, 2004, 4:02pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193 "2004-07-21T16:02:08Z")\
**Posts on this page:** 20\
**Page:** 2

<div class="post-metadata">

**Author:** ![Phlosphr](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Phlosphr](https://boards.straightdope.com/u/Phlosphr)\
**Post date:** [July 21, 2004, 7:40pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/21 "2004-07-21T19:40:06Z")

</div>

Very true **Shibb** - Another reason for the the cedar sticks for us tree-hugg’in dirt worshippers is the absence of chemicals from a butane lighter or sulphur from a match. I actually cut my own sticks from a large cedar in my back yard. Later this evening when the sun starts to go down I’m heading out back to the porch…Oh I can’t wait. There is nothing like enjoying a good cigar and a cool Sapphire and Tonic 🙂 Thanks **Jack** for starting this thread!

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 8:08pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/22 "2004-07-21T20:08:45Z")

</div>

Customs laws have changed very recently so the long standing $100 exemption (generally considered to be 2 boxes of cigars) has been removed for travelers to Cuba.

The Embargo is on Cuban Goods and Services, so effectively one cannot obtain Cuban Cigars legally anywhere (while on vacation, etc.) even if one were to consume them prior to one’s return to the USA.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 8:12pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/23 "2004-07-21T20:12:49Z")

</div>

> [@CheapBastid](#):
>
> Customs laws have changed very recently so the long standing $100 exemption (generally considered to be 2 boxes of cigars) has been removed for travelers to Cuba.
> 
> The Embargo is on Cuban Goods and Services, so effectively one cannot obtain Cuban Cigars legally anywhere (while on vacation, etc.) even if one were to consume them prior to one’s return to the USA.

The above comments were in regards to U.S. Citizens.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 8:20pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/24 "2004-07-21T20:20:19Z")

</div>

> [@CheapBastid](#):
>
> Customs laws have changed very recently so the long standing $100 exemption (generally considered to be 2 boxes of cigars) has been removed for travelers to Cuba.
> 
> The Embargo is on Cuban Goods and Services, so effectively one cannot obtain Cuban Cigars legally anywhere (while on vacation, etc.) even if one were to consume them prior to one’s return to the USA.

Darn, and I left out the fact that a U.S. Citizen can indeed purchase and smoke Cuban Cigars in Cuba if they are on a licensed trip, but they can no longer bring any back with them.

---

<div class="post-metadata">

**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\
**Post date:** [July 21, 2004, 9:11pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/25 "2004-07-21T21:11:33Z")

</div>

> [@Gary T](#):
>
> I don’t believe personal use precludes sharing with a friend.

Just in case you ever crash at my house, you don’t get to use my toothbrush. That’s for my personal use.

If you think “personal use” includes sharing with a friend, what would the other kind of use involve? Sharing with people who aren’t your friends?

---

<div class="post-metadata">

**Author:** ![Phlosphr](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Phlosphr](https://boards.straightdope.com/u/Phlosphr)\
**Post date:** [July 21, 2004, 9:17pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/26 "2004-07-21T21:17:40Z")

</div>

> [@CheapBastid](#):
>
> Darn, and I left out the fact that a U.S. Citizen can indeed purchase and smoke Cuban Cigars in Cuba if they are on a licensed trip, but they can no longer bring any back with them.

Can you advise on when this was brought into effect. As a dear friend as semi-recently (March) returned with Cuban Cigars cleared by US and Cuban customes.

---

<div class="post-metadata">

**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [July 21, 2004, 9:18pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/27 "2004-07-21T21:18:38Z")

</div>

It used to be that a couple of Cubans that were clearly for personal use would be ignored by most of the Border guys. But a case or two, and they’d fine you.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 9:28pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/28 "2004-07-21T21:28:16Z")

</div>

> [@Phlosphr](#):
>
> Can you advise on when this was brought into effect. As a dear friend as semi-recently (March) returned with Cuban Cigars cleared by US and Cuban customes.

June 30th from what I understand, but now I’m going to have to find a cite. brb.

---

<div class="post-metadata">

**Author:** ![Major\_Tom](https://avatars.discourse-cdn.com/v4/letter/m/eada6e/32.png) [@Major\_Tom](https://boards.straightdope.com/u/Major_Tom)\
**Post date:** [July 21, 2004, 9:37pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/29 "2004-07-21T21:37:09Z")

</div>

Maybe a better question is “Why do we have laws like this still on the books?”

I can’t be the only one bothered by the fact that we still have these petty, silly laws clogging up our legal system. We decided that we didn’t like Cuba’s political system, so we throw an embargo on cigars. :rolleyes: Sounds like something a six-year-old would do. Yet somehow, we still manage to endorse free trade with China, a country that’s rolled tanks over Democracy demonstrators, and shot down our aircraft. To quote Zoolander: “I feel like I’m taking Crazy Pills or something!”

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 9:49pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/30 "2004-07-21T21:49:17Z")

</div>

> [@Phlosphr](#):
>
> Can you advise on when this was brought into effect. As a dear friend as semi-recently (March) returned with Cuban Cigars cleared by US and Cuban customes.

Found a fairly detailed [cite](http://www.wola.org/cuba/summary_%20of_%20new_bush_cuba_policy.pdf) that oulines Bush’s policy changes from May this year.

---

<div class="post-metadata">

**Author:** ![Kamino\_Neko](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kamino_neko/32/34_2.png) [@Kamino\_Neko](https://boards.straightdope.com/u/Kamino_Neko)\
**Post date:** [July 21, 2004, 10:00pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/31 "2004-07-21T22:00:55Z")

</div>

> [@Ethilrist](#):
>
> If you think “personal use” includes sharing with a friend, what would the other kind of use involve? Sharing with people who aren’t your friends?

Selling them. Giving them away as a promotional item.

In other words - non-commercial use. Letting friends smoke them, giving a box as a gift - that’s all personal use.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 10:03pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/32 "2004-07-21T22:03:25Z")

</div>

> [@Tengu](#):
>
> Selling them. Giving them away as a promotional item.
> 
> In other words - non-commercial use. Letting friends smoke them, giving a box as a gift - that’s all personal use.

No, that is all non-commercial use. Personal use indicates use by the person who went and acquired them.

---

<div class="post-metadata">

**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\
**Post date:** [July 21, 2004, 11:17pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/33 "2004-07-21T23:17:34Z")

</div>

Personal use in this context seems to be non-commercial use. Laws that allow carrying specified amounts of alcohol or tobacco products have no prohibition against sharing those products with friends or family (and obviously that’s not the same as sharing a personal item, such as a toothbrush). Statements about these laws contrast personal use with selling or commercial use.

From [http://www.costco.com/Service/FeaturePageLeftNav.aspx?ProductNo=10045096](http://www.costco.com/Service/FeaturePageLeftNav.aspx?ProductNo=10045096) : **…purchasing alcohol beverages for personal use only and not for resale.**

From [http://news.bbc.co.uk/1/hi/uk\_politics/3874785.stm](http://news.bbc.co.uk/1/hi/uk_politics/3874785.stm) : \*\*They say people can bring in any amount of booze and tobacco for personal use.

UK Customs have been seizing alcohol and tobacco and confiscating vehicles if they think goods will be sold.\*\*

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 11:32pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/34 "2004-07-21T23:32:31Z")

</div>

> [@Gary T](#):
>
> Personal use in this context seems to be non-commercial use. Laws that allow carrying specified amounts of alcohol or tobacco products have no prohibition against sharing those products with friends or family (and obviously that’s not the same as sharing a personal item, such as a toothbrush). Statements about these laws contrast personal use with selling or commercial use.
> 
> From [http://www.costco.com/Service/FeaturePageLeftNav.aspx?ProductNo=10045096](http://www.costco.com/Service/FeaturePageLeftNav.aspx?ProductNo=10045096) : **…purchasing alcohol beverages for personal use only and not for resale.**
> 
> From [http://news.bbc.co.uk/1/hi/uk\_politics/3874785.stm](http://news.bbc.co.uk/1/hi/uk_politics/3874785.stm) : \*\*They say people can bring in any amount of booze and tobacco for personal use.
> 
> UK Customs have been seizing alcohol and tobacco and confiscating vehicles if they think goods will be sold.\*\*

While you may be correct, my understanding of the structure of the laws is such that any U.S. Citizen in possession of Cuban (non informational) Goods who did not personally get them from a licensed visit is in violation of the law. With the recent removal of the $100 per person allowance per visit, I would argue that my interpretation is the wisest one to assume when dealing with this aspect of the law.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 21, 2004, 11:35pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/35 "2004-07-21T23:35:12Z")

</div>

I would also argue that the references you supplied do not apply to Embargoed items, but to Alcohol and Tobacco. The Embargo against Cuban Goods is one held by the OFAC not by the BATF. Different restriction structures.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 22, 2004, 12:54am UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/36 "2004-07-22T00:54:08Z")

</div>

Here is [the old document from the Treasury](http://www.treas.gov/offices/eotffc/ofac/legal/regs/31cfr515.pdf) for reference, but a cursory glance indicates that no person subject to the jurisdiction of the United States may participate in any transfer of Cuban (non informational) Goods.

So there ya go. If you (as a person subject to the jurisdiction of the United States) didn’t get that Cuban Cigar from a licensed trip to Cuba you’re breaking the law inside or outside U.S. borders. The new restrictions remove that possibility entirely on U.S. soil.

---

<div class="post-metadata">

**Author:** ![Jackknifed\_Juggernaut](https://avatars.discourse-cdn.com/v4/letter/j/9de053/32.png) [@Jackknifed\_Juggernaut](https://boards.straightdope.com/u/Jackknifed_Juggernaut)\
**Post date:** [July 22, 2004, 2:16pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/37 "2004-07-22T14:16:13Z")

</div>

Thanks CheapBastid. So it seems that Cuban cigars are more illegal now than they’ve ever been.

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 22, 2004, 3:33pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/38 "2004-07-22T15:33:41Z")

</div>

> [@Jackknifed Juggernaut](#):
>
> Thanks CheapBastid. So it seems that Cuban cigars are more illegal now than they’ve ever been.

Yep, and it due to 9/11. All this started to get hairy when Bush took office because of Florida (Old School Cuban Ex-Pats). In his first few months in office he had OFAC issue as many penalty notices for Cuban Embargo violations as were issued during Clintons 8 years in office.

[hijack]Yet another reason a regime change is needed[/hijack]

---

<div class="post-metadata">

**Author:** ![clayton\_e](https://avatars.discourse-cdn.com/v4/letter/c/c57346/32.png) [@clayton\_e](https://boards.straightdope.com/u/clayton_e)\
**Post date:** [July 22, 2004, 3:40pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/39 "2004-07-22T15:40:06Z")

</div>

Don’t they also have the drug sniffing dogs trained for tobacco or specific kinds of tobacco? I’ve never had them get the dogs on me, but if I have a pack of cigs on me I always make sure to let them know what I have before they sick Fido on me. They usually ask about tobacco products anyway. (This is going back into the States from Canada)

---

<div class="post-metadata">

**Author:** ![CheapBastid](https://avatars.discourse-cdn.com/v4/letter/c/8baadc/32.png) [@CheapBastid](https://boards.straightdope.com/u/CheapBastid)\
**Post date:** [July 22, 2004, 3:51pm UTC](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193/40 "2004-07-22T15:51:38Z")

</div>

> [@CheapBastid](#):
>
> Yep, and it due to 9/11. All this started to get hairy when Bush took office …

:smack: It **ain’t** due to 9/11.

> [@clayton\_e](#):
>
> Don’t they also have the drug sniffing dogs trained for tobacco or specific kinds of tobacco?

I have heard many interesting stories about border crossings :eek: , but never have I heard of Tobacco Sniffing Dogs. It could be true, but I’ve never heard of it.

[Previous page](https://boards.straightdope.com/t/just-how-illegal-are-cuban-cigars-in-the-us/256193.md?page=1)
