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Last post 9 years ago by fenderbendertex. 12 replies replies.
So... about Cubans...
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bs_kwaj Offline
#1 Posted: Sat, Apr 18 2015, 12:13 AM EST
Joined: 02-13-2006
Posts: 5,214
So, if you can somehow get to Cuba and decided to bring back your $100 worth of cigars... then it follows that it is no longer illegal to possess or smoke Cuban cigars in the US. ??

Think

opelmanta1900 Offline
#2 Posted: Sat, Apr 18 2015, 12:30 AM EST
Joined: 01-10-2012
Posts: 13,954
smoking, possession, gifting, all legal to my understanding... selling, still against the law...
Puffnstuff79 Offline
#3 Posted: Sat, Apr 18 2015, 5:51 AM EST
Joined: 02-24-2014
Posts: 4,752
Then maybe it would be wise of some websites or Cuban companies to gift CCs to future customers...just sayin'?
Thunder.Gerbil Offline
#4 Posted: Sat, Apr 18 2015, 9:43 AM EST
Joined: 11-02-2006
Posts: 121,359
bs_kwaj wrote:
So, if you can somehow get to Cuba and decided to bring back your $100 worth of cigars... then it follows that it is no longer illegal to possess or smoke Cuban cigars in the US. ??

Think



When the law changed under Bush43 to cease allowing travel exemptions, the cigars that were legally brought in prior were grandfathered. You could keep them, but the regulations remained the same, they were only for your personal consumption, you could not gift, sell or trade them. If questioned on their origins, the burden of proof would be on you. What might happen in the future if the exemption goes away again, I can't say, but historically, that was what they did.







opelmanta1900 wrote:
smoking, possession, gifting, all legal to my understanding... selling, still against the law...


Completely false.

https://help.cbp.gov/app/answers/detail/a_id/36/~/importing-cuban-cigars
rfenst Offline
#5 Posted: Sat, Apr 18 2015, 10:42 AM EST
Joined: 06-23-2007
Posts: 39,245
opelmanta1900 wrote:
smoking, possession, gifting, all legal to my understanding... selling, still against the law...


WRONG.
opelmanta1900 Offline
#6 Posted: Sat, Apr 18 2015, 12:24 PM EST
Joined: 01-10-2012
Posts: 13,954
Thunder.Gerbil wrote:
When the law changed under Bush43 to cease allowing travel exemptions, the cigars that were legally brought in prior were grandfathered. You could keep them, but the regulations remained the same, they were only for your personal consumption, you could not gift, sell or trade them. If questioned on their origins, the burden of proof would be on you. What might happen in the future if the exemption goes away again, I can't say, but historically, that was what they did.









Completely false.

https://help.cbp.gov/app/answers/detail/a_id/36/~/importing-cuban-cigars


I couldn't follow the link on my phone... But if you're saying its completely false, you can't possess smoke or gift them but you can sell them?
Thunder.Gerbil Offline
#7 Posted: Sat, Apr 18 2015, 12:57 PM EST
Joined: 11-02-2006
Posts: 121,359
opelmanta1900 wrote:
I couldn't follow the link on my phone... But if you're saying its completely false, you can't possess smoke or gift them but you can sell them?


Ah, no. Sorry about the confusion, here, let me clarify... If you bring back the $100 limit of cigars or alcohol allowed under a licensed visit, it is only for personal consumption. You may not sell, gift, trade or transfer. Possession of Cuban cigars from other sources is illegal - doesn't matter how you got them or what country you are in at the time. The obvious exceptions to this would be stuff that was brought in under the pre-Bush43 travel limits, in which case they would be treated like the modern approved travel imports, they are for your personal consumption only and may not sell, transfer, gift, trade etc. Cigars that were in the US prior to the beginning of the embargo in 1962, would also be exempt and being pre-embargo they are not restricted in any way.
bs_kwaj Offline
#8 Posted: Sat, Apr 18 2015, 5:11 PM EST
Joined: 02-13-2006
Posts: 5,214
^ Do you get a special 'get-out-of-jail-free' card when you come back from Cuba? You know, to prove that your cigars are ok.

Heheh.... j/k... BigGrin
Thunder.Gerbil Offline
#9 Posted: Sat, Apr 18 2015, 5:57 PM EST
Joined: 11-02-2006
Posts: 121,359
LOL, yeah, that's the other side of the story... that it doesn't look like that much enforcement is going on aside from the occasional confiscation. CBP just wouldn't, or shouldn't, confiscate your cigars that they find when you pass through immigration back into the US after a licensed visit.

Doesn't make it any less illegal, it's just that no one seems to give a crap anymore.
MACS Offline
#10 Posted: Sat, Apr 18 2015, 6:06 PM EST
Joined: 02-26-2004
Posts: 79,735
Thunder.Gerbil wrote:
LOL, yeah, that's the other side of the story... that it doesn't look like that much enforcement is going on aside from the occasional confiscation. CBP just wouldn't, or shouldn't, confiscate your cigars that they find when you pass through immigration back into the US after a licensed visit.

Doesn't make it any less illegal, it's just that no one seems to give a crap anymore.


Thankfully!!
tonygraz Offline
#11 Posted: Sat, Apr 18 2015, 6:43 PM EST
Joined: 08-11-2008
Posts: 20,226
From first hand experience, customs was not concerned about someone bringing back a few cigars, but were rather concerned about those bringing in boxes of CC. The whole embargo thing just made them more popular here in the states.
fenderbendertex Offline
#12 Posted: Sat, Apr 18 2015, 7:23 PM EST
Joined: 08-17-2013
Posts: 1,139
tonygraz wrote:
From first hand experience, customs was not concerned about someone bringing back a few cigars, but were rather concerned about those bringing in boxes of CC. The whole embargo thing just made them more popular here in the states.

Funny story- when my wife and I were coming back from our honeymoon in Cancun, there were a few guys smoking up their Cubans (if they weren't fake) and swigging tequila as fast as they could in order to make the $100 limit or whatever it was. Wonder if they made it on the right plane... Customs officials were dying laughing at them!
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