Buying tobacco privately is definitely illegal and a crime. If the amount of privately sold tobacco is relatively large or the circumstances are relatively serious, penalties will be imposed in accordance with relevant legal provisions.

Legal Analysis

According to relevant legal provisions, private sales of tobacco without the permission of the tobacco monopoly administrative department does not have a production license, wholesale license, or retail license. Wholesale of tobacco products, based on the individual's illegal business amount reaching 50,000 yuan, or the amount of illegal income exceeding 10,000 yuan, the legal benchmark penalty is one year in prison. According to the Tobacco Monopoly Law and related laws and regulations, tobacco is a national monopoly item and can only be Only with permission from the administrative agency can it be operated and sold. Tobacco leaves grown by tobacco farmers can only be sold to the tobacco business department in their geographical location and are not allowed to be sold externally by themselves. If they really need to sell externally, they must obtain a tobacco business license. Illegally selling cigarettes constitutes a crime if the following circumstances occur. The amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; the amount of illegal business is more than 200,000 cigarettes; the person has received more than two administrative penalties within three years for illegally dealing in tobacco specialty products, and the illegal business of tobacco Specialty products with an amount of more than 30,000 yuan. Only a few boxes will generally not be punished. The illegal operation of cigarettes disrupts market order, and the circumstances are serious. Their actions have constituted the crime of illegal operation. The defendant shall be punished based on the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Legal Basis

Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China Violates national regulations, commits one of the following illegal business activities, disrupts market order, and the circumstances If the case is serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. Or confiscate property: (1) Operating special items, monopoly items or other restricted items as prescribed by laws and administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other laws and administrative regulations. business license or approval document; (3) illegally operating securities, futures, and insurance businesses without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business; (4) other illegal business activities that seriously disrupt market order .