1. Whether it is illegal to resell cigarettes depends on the specific situation, as follows:

(1) Whoever resells tobacco monopoly products, which constitutes a crime, shall be investigated for criminal responsibility according to law;

(two) if the circumstances are minor and do not constitute a crime, the administrative department for Industry and Commerce shall confiscate the tobacco monopoly products and illegal income, and may also impose a fine;

(3) If the tobacco monopoly administrative department and the staff of the tobacco company take advantage of their positions to commit the crime of illegal business operation, they shall be severely punished according to law.

2. Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC)

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

Second, what are the conditions for reselling cigarettes?

The identification criteria for reselling cigarettes are as follows:

1, the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

2, the illegal operation of more than two hundred thousand cigarettes;

3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.

3. What is the sentencing standard for reselling cigarettes?

The sentencing standards for reselling cigarettes are as follows:

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;

2. Buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

3. Other illegal business operations that seriously disrupt the market order.