Ecigs not a tobacco product, juice is in the state of Missouri

[The Mosh]

So I've been entertaining the idea of opening up a vape shop in Kansas City. Today, a friend of mine asked if I would need a tobacco license to do it. I wasn't sure, so I looked it up.

There may be a gray area in terms of federal law, but Missourri law is very clear. If it has nicotine in it, doesn't even matter where the nicotine comes from, it's a tobacco product, and they tax it accordingly.

Found this on the web site:

What is considered other tobacco products?

Other tobacco products include: cigarette papers, clove cigarettes, cigars, smokeless tobacco, smoking tobacco, other forms of tobacco products, or products made with tobacco substitute containing nicotine.

Just to make sure, I called the department of revenue. Yep, they confirmed it. They said they've been getting a lot of E-cig inquiries lately. The jist was that the hardware is not taxed, unless it is bundled with cartridges or juice.

Thought I would share.

 

[ejoker]

cigarette papers? wth?
of course if asked, they'll say liquid falls in the category and will be taxed accordingly, but i'm wondering if they have anything in their code that explicitly mentions liquid. cause as far as i know there isn't any 'tobacco substitute' in the liquid.

 

[clyde2801]

Wow. I can't say I'm surprised, with all of the budget shortfalls and cash crunches experienced by state governments. Do they tax the big pharmaceutical companies who make and sell inhalers? Do pharmacies who sell nicotine inhalers need to be regulated and taxed?

Hopefully, nearby states won't adopt the same approach, and folks from the show me state can drive to say, Oklahoma to buy their e-cig supplies.

I remember pulling over in Joplin after getting off the turnpike to buy the cheaper cigarettes there...

 

[River]

I guess if you wanted you could make a stink about other things that have nicotine in them like tomatos but then I'm pretty sure the next time you went to buy a tomato it would be like $12 bucks.

 

[The Mosh]

Wow. I can't say I'm surprised, with all of the budget shortfalls and cash crunches experienced by state governments. Do they tax the big pharmaceutical companies who make and sell inhalers? Do pharmacies who sell nicotine inhalers need to be regulated and taxed?

Hopefully, nearby states won't adopt the same approach, and folks from the show me state can drive to say, Oklahoma to buy their e-cig supplies.

I remember pulling over in Joplin after getting off the turnpike to buy the cheaper cigarettes there...

I dunno Clyde. Seems like the right approach to me. Sure, 10% of wholesale invoice total for juice is a little steep, but at least they're being clear about it. Seems to me that the state is less likely to shut you down when they're taking your tax money.

Matter of fact, they said they do tax inhalers, patches, and gum. I was being snarky and made sure to ask. They said hat's where the substitute wording comes in. The way she explained it to me was that if a product is being sold for having nicotine value, they want a cut ranging between 10 and 16%.

 

[Skully7780]

They raised the taxes on cigs here by $1 a couple of months ago. I called all my reps and actually was able to talk to one. I explained that I would do EVERYTHING it took to avoid the new tax and I have done so.

My friend at work ordered cigs online and at the end of the year realized she had to pay over $1000 in taxes for the year for cigs. I would hate to see the same sort of thing happen to customers. Or the opposite, if the states sued the company for not collecting the tax.

 

[clyde2801]

As Oliver Wendell Holmes, one of the greatest legal minds ever produced here in the good old USA, stated:

"The power to tax is the power to destroy."

If it's a sales tax, fine, good. If it's a special tax that they can alter at any time specifically for that product, then that's bad.

Does Missouri have a referendum process like Oklahoma does?

 

[nightowl]

Makes me wonder about other states. Could be part of the reason an njoy is 50 bucks at a truck stop. Personally MO having a policy to tax em makes me hopeful. I live just acrossed the border and since recieving revenue from them means they're less likely to ban em I think it may be a good thing.

 

[Skully7780]

Makes me wonder about other states. Could be part of the reason an njoy is 50 bucks at a truck stop. Personally MO having a policy to tax em makes me hopeful. I live just acrossed the border and since recieving revenue from them means they're less likely to ban em I think it may be a good thing.

Lol, is that time out in your avitar pic?

 

[gasp]

I guess if you wanted you could make a stink about other things that have nicotine in them like tomatos but then I'm pretty sure the next time you went to buy a tomato it would be like $12 bucks.

that made me laugh so hard i scared my dog

 

[TaketheRedPill]

wouldn't any nonfood item be taxed at point of local retail sale, tho? (not sure what policy is for online sales but I don't think there really is one?)

TTRP

 

[nightowl]

Lol, is that time out in your avitar pic?

Actually hide n seek they're both hiding lol

 

[Cicatrize]

Actually hide n seek they're both hiding lol

Hopefully, when they get older, they'll get better at it.

 

[nightowl]

Hopefully, when they get older, they'll get better at it.

I sure hope so

 

[Bangers]

I didn't realize rolling papers were made out of tobacco now either. I had a cop search my car without my permission once because he saw rolling papers which he called drug paraphernalia. But overtaxing paper is just ridiculous. Glad I won't have to deal with them anymore.

 

[The Mosh]

In general, I don't believe in taxes. I hate taxes. Despise the idea that somehow the government has earned the right to my hard earned money by the simple fact of its mere existence. I don't like the idea, and I don't approve of it. But regardless, taxes aren't going away. Maybe it's a question of which battles are the ones worth fighting? Is it more important to fight for fair taxation, or existence? I was thrilled when they told me they have no rule in place, or any plans at the present time to tax the hardware. Maybe it's a matter of perspective.

 

[hazyrecollection]

As far as I'm concerned they can tax e-cigs and juice with my blessing. Ten to 16% is a small price to pay for not having to smoke analogs anymore.

They tax cigarettes to death and I was still happy to pay the 5+ dollars a day to smoke. If that's what it takes to keep them legal, go for it. I'll still be better off in the long run.

They can tax tomatoes, too. And lettuce while we're at it....then the FDA can keep themselves busy seizing shipments of THOSE at the border when they're out of season in the states.

 

[Whitbit]

Actually hide n seek they're both hiding lol

Hopefully, when they get older, they'll get better at it.

This is a RIOT. ROFL

As far as I'm concerned they can tax e-cigs and juice with my blessing. Ten to 16% is a small price to pay for not having to smoke analogs anymore.

They tax cigarettes to death and I was still happy to pay the 5+ dollars a day to smoke. If that's what it takes to keep them legal, go for it. I'll still be better off in the long run.

They can tax tomatoes, too. And lettuce while we're at it....then the FDA can keep themselves busy seizing shipments of THOSE at the border when they're out of season in the states.

I LOVE this thread. I was just thinking the same thing after reading the OP. I could care less if they tax the juices, as they will be making money, and not worry about the money they are losing by losing cigarette smokers, because there wont be a loss. Of course the 0mg juices would remain tax-free

Go on, let um tax the crap. Less likely to have a ban.

 

[SheerLuckHolmes]

If only the government where just concerned with lost tobacco tax revenue. If that was true e-cigs and e-juice would already be taxed and this would all be over. It is BT and BP that are pushing the government to get rid of PVs because PVs are drastically cutting into their profits. Right now it is an irritation to BT & BP, but they see the writing on the wall and in a couple of years when there are more, way more, people enjoying PVs than analogs.... That is what they are afraind of and why all the BS in the US and in the UK.