1, reselling tobacco is illegal, and the sentencing standards are 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) Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit this crime shall be given a heavier punishment 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) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(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 constitutive elements of the crime of illegal business operation?

1, the object of infringement is market order;

2. Subjectively, it is intentional and has the purpose of seeking illegal interests;

3. Objectively, it is the act of dealing in franchise, monopoly goods or other restricted goods and buying and selling import and export licenses without permission;

4. The subject is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility.