Prohibitions Relating to Certain Cigarettes

Chapter 48 of the Texas Penal Code defines offenses relating to conduct affecting public health.

Per § 48.015 of the Texas Penal Code, a person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:

  • cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or
  • cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.

A person who commits an act prohibited by this Subsection, knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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