A Cuban cigar is a specific type of tobacco product which is produced and manufactured in the country of Cuba. These cigars are generally highly praised and sought-after based on their reputation of being well-crafted and using high quality tobacco.
The high demand for Cuban cigars that are authentic as well as their legal status in the United States has made them somewhat of a rare commodity. There are many companies that have attempted to and do pass off inferior cigars as Cuban cigars in order to make a profit.
It is very important to be aware that it is currently illegal to bring Cuban cigars into the United States. However, this has not always been the case.
This article will address the current prohibitions as well as provide an overview of previous laws. This is because the laws governing Cuban cigars can change and certain bans may be lifted in the future.
Are Cuban Cigars Illegal in the U.S.?
Under Cuban cigars laws, importing cigars from Cuba into the United States is prohibited. The United States amended the Cuban Assets Control Regulations (CACR) on September 23, 2020 to again ban importing of Cuban cigars.
Prior to 2020, an individual could import cigars from Cuba if certain requirements were met, such as:
- The individual is returning directly to the U.S. from Cuba. In other words, they did not stop in a different country first.
- The visit to Cuba was “licensed.” Individuals who can be licensed for such a trip include:
- Cuban-Americans
- athletes
- politicians
- researchers
- religious groups
- other individuals
- The total value of the cigars does not exceed $100 in U.S. domestic prices.
- Cuban cigars may only be imported if they will be for personal use.
Although these requirements do not currently apply, there may be a time in the future where they are reinstated.
Were Cuban Cigars Ever Legal?
Yes, as of October 17, 2016, the purchase or possession of Cuban cigars in the United States was legal. At that time, Cuban cigars could be imported, but only if it was for personal use.
However, commercial importation of Cuban cigars into the United States was and still is illegal. Bringing Cuban cigars to the United States for personal consumption was made legal again in 2016.
All imports of Cuban products, including cigars, however, were banned once again in September 2020.
Why Are Cuban Cigars Illegal?
Cuban cigars have been banned in the United States for various reasons. The U.S. placed sanctions and embargoes on Cuba, which also applied to Cuban tobacco products.
It is important to note that this has not always been the case and the rules and regulations may change again with each new presidential administration. If an individual desires to obtain Cuban cigars, their best bet is to stay up-to-day with the news and regulations regarding their importation.
Can You Bring Cuban Cigars Into the U.S. Legally?
At this time, and as of 2020, an individual cannot legally bring any Cuban cigars into the United States. There were, however, previous years in which different laws applied.
For example, in 2016, there were limitations placed on how many cigars an individual could bring back from Cuba into the U.S. Travelers who were coming into the United States could bring up to $800 in cigars into the U.S from Cuba without paying a duty. This would be whether the cigars are Cuban, Dominican, Nicaraguan, or from another country. This could be done once every 31 days and amounts above that were taxed.
In short, an individual could import Cuban cigars into the United States for personal use, from any third-party country as of October 17, 2016. To reiterate, when an individual was allowed to bring Cuban cigars into the United States, they could only do so for personal use and not for commercial resale. This means an individual could have brought Cuban cigars into the United States and give them to their friends and family as gifts, but never in exchange for a profit or money.
Will Cuban Cigars Always Be Illegal in the U.S.?
There may be a time in the future that Cuban cigars are legal under certain circumstances in the United States. The laws that govern the legal status of Cuban cigars have changed several times over the years.
For example, in 1998, individuals who returned from Cuba following a licensed visit could bring Cuban cigars into the U.S. so long as the value did not exceed $100 U.S. dollars and they were for personal use and not for resale. Currently, bringing Cuban cigars into the United States is prohibited, including those purchased in other countries.
Can I Purchase Cuban Cigars in the United States?
No, Cuban cigars cannot be purchased in the United States. The U.S. Treasury Department provides that individuals should assume that all offers to purchase or sell Cuban cigars involve illegally imported cigars.
Can I Import Cuban Cigars from Another Country?
No, an individual cannot import Cuban cigars from another country. Travelers are prohibited from acquiring Cuban cigars in a third country and bringing them into the United States. For example, it is illegal to obtain Cuban cigars in Canada and bring them to the U.S.
It is important to note that this also applies to online purchases. If an individual searches online, they will find many websites claiming to sell authentic Cuban cigars.
Even in times when bringing Cuban cigars into the U.S. from other countries for personal use was permitted, the sale and commercial import of cigars was prohibited, and still is today. In other words, buying Cuban cigars commercially is not and has never been legal.
What Are the Legal Penalties for Cuban Cigar Crimes?
The penalties for Cuban cigar violations can result in consequences that are similar to or more serious than those associated with possession of paraphernalia charges, which will be further discussed below. If an individual illegally imports, buys, sells, trades, gives away, or otherwise engages in a transaction with an illegally imported Cuban cigar, it will result in confiscation.
Additionally, an individual may face civil fines up to $50,000 or $55,000 per violation. They may also face criminal charges, criminal fines of up to $250,000 and a sentence that may result in a considerable amount of jail time, up to ten years in prison.
Selling tobacco to minors is also prohibited. Issues may also arise related to suing tobacco companies and class action tobacco lawsuits that may result in consequences for Cuban cigar companies.
Do I Need a Lawyer for Cuban Cigar Violations?
If you are facing any type of charges that are associated with a Cuban cigar violation, it is essential to consult with a drug lawyer and obtain legal representation. Your lawyer will advise you of your legal options and rights pursuant to the specific laws in your state and will represent you in court when you appear.
The laws governing restrictions on importing Cuban cigars can be complicated and are subject to frequent updates, as discussed above. Additionally, the penalties an individual may face for violating these laws can be severe.
If you have any concerns or questions related to Cuban cigars and their current legal status, you should consult with a lawyer. Your lawyer will advise you of the current laws that govern the legality of Cuban cigars and how they may affect you.
