18 U.S.C. § 2345

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2345 - Effect on State and local law

(a) Nothing in this chapter shall be construed to affect the concurrent jurisdiction of a State or local government to enact and enforce its own cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized for violation of such laws, and to provide for penalties for the violation of such laws.

(b) Nothing in this chapter shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by a number of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized in violation of such laws, and to establish cooperative programs for the administration of such laws.

18 U.S.C. § 2345

Added Pub. L. 95-575, §1, Nov. 2, 1978, 92 Stat. 2465; amended Pub. L. 109-177, title I, §121(b)(5), (e), (g) (2), Mar. 9, 2006, 120 Stat. 222-224.

EDITORIAL NOTES

AMENDMENTS2006- Pub. L. 109-177, §121(g)(2), substituted "Effect on State and local law" for "Effect on State law" in section catchline.Subsec. (a). Pub. L. 109-177, §121(b)(5), (e) (1), substituted "a State or local government to enact and enforce its own" for "a State to enact and enforce" and inserted "or smokeless tobacco" after "cigarettes".Subsec. (b). Pub. L. 109-177, §121(b)(5), (e) (2), substituted "of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local" for "of States, through interstate compact or otherwise, to provide for the administration of State" and inserted "or smokeless tobacco" after "cigarettes".

State

the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands;

cigarette

the term "cigarette" means-(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A);

smokeless tobacco

the term "smokeless tobacco" means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted;