A. It is hereby declared that the Oklahoma Legislature finds
that the commercial use of cigarette rolling vending machines in
this state has the potential to circumvent various requirements
under Oklahoma law related to the manufacturing, marketing, sale and
taxation of cigarettes. Such use is detrimental to the fiscal
soundness of the state and to the public health.
B. As used in this section:
1. "Cigarette rolling vending machine" means a machine or
device into which loose tobacco and cigarette tubes are placed that
is capable of producing cigarettes; and
2. "Cigarette rolling vending machine operator" means any
person who owns, leases, rents or otherwise has available for use a
cigarette rolling vending machine and makes such machine available
for use by another person in a commercial setting in order to
produce a cigarette.
C. Notwithstanding any other provision of law, the following
shall be prohibited:
1. The use or possession of a cigarette rolling vending machine
for commercial purposes, except as provided in paragraph 1 of
subsection D of this section. A cigarette rolling vending machine
located in a retail business for use, not sale, shall be considered
to be used for commercial purposes;
2. The sale, resale, distribution, dispensing, or giving away
to any other person in this state cigarettes produced by a cigarette
rolling vending machine; or
3. Making a cigarette rolling vending machine available for use
by customers of a retail business to produce cigarettes.
D. The provisions of this section shall not apply to:
1. Cigarette manufacturers who have obtained a current federal
Manufacturer of Tobacco Products permit issued by the Alcohol
Tobacco and Trade Bureau ("TTB") to operate as a cigarette
manufacturer; or
2. A cigarette rolling vending machine in a location other than
a retail business, which is exclusively for the personal use of an
individual.
E. Any person who possesses or uses a cigarette rolling vending
machine for commercial purposes in violation of this section is
subject to the following penalties:
1. Revocation or termination of any license, permit,
appointment or commission under Article 3, 3A, 3B, 3C, 4 or 4A of
Title 68 of the Oklahoma Statutes;
2. Forfeiture and destruction of the cigarette rolling vending
machine by the State of Oklahoma after notice and hearing; and
3. Imprisonment for not more than ninety (90) days or a fine
not exceeding Five Thousand Dollars ($5,000.00), or a combination of
both fine and imprisonment, in any action brought by the district
attorney in whose district the cigarette rolling vending machine is
located, or by the Attorney General.
F. The remedies and penalties provided by this section are
cumulative to each other and to the remedies or penalties available
under all other laws of this state.‹ Prev All Oklahoma sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.