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***California Assembly bill to BAN SHIPMENT OF E CIGARETTES TO ANYONE IN CALIFORNIA***

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navigator2011

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Dec 6, 2013
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You can't foresee how an elected official is going to represent your interests.

Um, there is a long track record of this type of stuff going on, here. There is no mystery at all. It's just that so many vaping Californians never expected their favorite politicians to target vaping. The rest of us have just been waiting for the inevitable.
 

Jman8

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Jan 15, 2013
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Okay, so in poking around in CA law (specifically CA Revenue and Tax Code), I found this:

30008. "Distribution" includes:
(b) The use or consumption of untaxed cigarettes or tobacco
products in this state.

and this:

30187. Every consumer or user subject to the tax resulting from a
distribution of cigarettes or tobacco products within the meaning of
subdivision (b) of Section 30008 from whom the tax has not been
collected under Section 30108 shall, on or before the last day of the
month following the end of the quarter, file with the board a report
of the amount of cigarettes or tobacco products received by him or
her in the preceding calendar quarter in that detail as the board may
prescribe and in the form as prescribed by the board, which may
include, but not be limited to, electronic media, submitting with the
report the amount of tax due. Reports shall be authenticated in a
form or pursuant to methods as may be prescribed by the board.

Hence, if registered with the state as a "distributor" and registered to pay taxes due to CA state government, you ought to be good to go. That is, of course, unless laws/codes change via bills like the one in this thread. But would be a plausible solution to the bill.

I recognize the reality though, that individual consumers are unlikely to pay taxes on purchases they make especially if no one else they know is actually doing this. But in interest of vaping party advocate, this would be possible solution to the bill's stated problem, and one that is already on the books. Thus responsible vapers ought to be engage in this, via registration with the state (as distributor) and making it therefore abundantly clear that CA is not (entirely) losing tax revenue via out of state sales.
 

patrickmurphy

Senior Member
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Nov 16, 2010
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55
san francisco
It's so wrong that e cigarettes are considered "tobacco" products. They're - sometimes - nicotine products. If I want, I can use my Amazon account to buy nicotine patches and my Ebay account to get Nicorette gum.

They're not cigarettes. They're nicotine things. Nicotine. NIIIICOOOTEEEEEEEEEEEEEEN!.

There. I feel much better now.
 

Robinowitz

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May 27, 2013
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This bill is rather broad, as all new bills are. I suggested that the e-cig portion be removed. I'm fine with paying taxes on e-cig stuff. I shop locally first but the closest B&M is 35 minutes away. Access is so important, especially considering that cigs are sold on every block.
 

MetalMaster75

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Jan 15, 2014
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This bill is rather broad, as all new bills are. I suggested that the e-cig portion be removed. I'm fine with paying taxes on e-cig stuff. I shop locally first but the closest B&M is 35 minutes away. Access is so important, especially considering that cigs are sold on every block.

That's exactly what the state want. Sales TAX - 6.50% AND excise (other tobacco products) TAX - 29.82%. That is a TAX net of 36.32%, and do not include you local (municipal) and county tax... And for what? Things that have noting to do with tobacco... It's just wrong.
 

soba1

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May 27, 2013
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Okay, so in poking around in CA law (specifically CA Revenue and Tax Code), I found this:



and this:



Hence, if registered with the state as a "distributor" and registered to pay taxes due to CA state government, you ought to be good to go. That is, of course, unless laws/codes change via bills like the one in this thread. But would be a plausible solution to the bill.

I recognize the reality though, that individual consumers are unlikely to pay taxes on purchases they make especially if no one else they know is actually doing this. But in interest of vaping party advocate, this would be possible solution to the bill's stated problem, and one that is already on the books. Thus responsible vapers ought to be engage in this, via registration with the state (as distributor) and making it therefore abundantly clear that CA is not (entirely) losing tax revenue via out of state sales.

We can bemaon the unfairness of it all; but they left the solution.
They just want their dollars, they realize where the trend is going.
I'm not saying not to do the foot work by writing calling etc.
But especially those of us who have been around the block;
remember the expression. Money talks and BS walks :blush:
 

zoiDman

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  • Apr 16, 2010
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    ...

    As I don't live in CA and don't have legitimate reason to fill out this form, I didn't and so didn't click on the "next" button link at bottom of this form. But I do find these items that I noted here of interest. I guess I wonder if business is sole proprietorship or LLC (of the individual kind), what in this process would prevent things from moving forward to register entities from being able to legally receive supply and pay taxes on that to CA state government?

    Like I said in Another Thread, I am Not and Attorney. Or an Expert in California Tobacco Laws/Regulations.

    But I do know an Individual who Tried to Sell Cigarettes/Cigars in a Store he Owned. It was a Long and Arduous task that he Eventually gave up on.
     

    Jman8

    Vaping Master
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    Jan 15, 2013
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    Another thing I was just wondering about is whether CA had deemed eCigs to be tobacco products. So, I googled that. Cause it seems from OP and press release by bill's sponsor that we are already living in a nation where it has been deemed a tobacco product. Otherwise, it makes as much sense saying "books and other tobacco products must be sold in face-to-face transactions." From common sense perspective, maybe not equal sense, but from technical legal perspective, I would say it is equal sense. If eCigs aren't currently deemed tobacco products, then the bill is presuming to include a whole bunch of things that are likely outside of its scope (i.e. you must now be in person to buy food flavorings).

    Anyway, that google search came up with a bunch of things, but most interesting one I found is at this link. Which I see as the playbook for creating a bill such as this one, and a playbook for all such bills going forward that deal with eCigs. Perhaps this is well known document among persons more in tune with eCig political stuff than myself, but one that perhaps deserves its own thread, or maybe even own sub-forum.
     

    soba1

    Ultra Member
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    Like I said in Another Thread, I am Not and Attorney. Or an Expert in California Tobacco Laws/Regulations.

    But I do know an Individual who Tried to Sell Cigarettes/Cigars in a Store he Owned. It was a Long and Arduous task that he Eventually gave up on.

    Distributor is a different thing, but yeah it could be a pain in the rear. Its no harm in investigating.
     

    tombaker

    Moved On
    Oct 21, 2013
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    CA AB-1500, in its Current Form, Clearly does include "e-Cigarettes". And this is how an "e-Cigarette" is defined in the Context of the Bill.

    ...

    (e) For the purposes of this section, "electronic cigarette" or
    "e-cigarette" means a device designed to look like a cigarette,
    cigar, pipe, or other smoking device, or any other nicotine delivery
    device that is used for the purpose of creating a vapor inhaled by
    the user, including cartridges, accessories, or liquids used with the
    device.


    ...


    AB 1500 Assembly Bill - INTRODUCED

    Where we here on the ECF Might define an e-Cigarette to be Only the Portion that Holds a Battery ( a Mod) or Is a the Battery itself (eGo, KR808, etc), this Bill does Not.

    It includes about EVERYING e-Cigarette Related.

    No. As written the law is talking about Nicotine delivery, and the things associated with that, like replacement carts. Items sold which are part of the loaded with nicotine item. No Nicotine, its not an item. Because the language specifically uses the definition of a Tobacco product, the one they cite, is next to the definitions of Tobacco paraphernalia.

    By the writing of this law currently, it does not cover Tobacco Paraphernalia, which makes sense, because they can not, and/or at least have not banned, an empty tobacco pipe. As written, and it makes sense, all empty APV hardware is exempted. Not saying this attempt is not a nasty bill being attempted, just saying what it cannot do.

    I cited the exact language used in the definition.
     

    Tbev

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    Oct 22, 2013
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    It's my personal opinion that the fight is at the definition. By their definition they group blu's, ego's, nemesis, provari and juice all as E-Cigarettes. If we would have our still say OK a cig a Lite, blu, anything that looks like a cigarette is OK to group into whatever bs, legislation you want. But my PV is a vaporizer, not an E-Cigarette.

    Sent from my Transformer TF101 using Tapatalk
     
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