It is not illegal to sell tobacco through normal channels, but if you sell tobacco illegally, it may constitute the crime of illegal business operation, and you may be fined or sentenced to fixed-term imprisonment according to the seriousness of the case. Whoever produces and sells fake and inferior cigarettes, cigars and other tobacco monopoly products with a sales amount of more than 50,000 yuan shall be convicted and punished for the crime of producing and selling fake and inferior products in accordance with the provisions of relevant laws and regulations. Violation of the laws and regulations of the State Tobacco Monopoly Bureau, illegal operation of tobacco monopoly products without the permission of the tobacco monopoly administrative department and without the license of tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly franchise enterprise and tobacco monopoly retail license. If the circumstances are serious, he shall be convicted and punished for illegal business operation in accordance with relevant laws and regulations. Without the permission of the registered trademark owner of cigarettes, cigars and other tobacco monopoly products, if the circumstances are serious, he shall be convicted and punished for the crime of counterfeiting registered trademarks in accordance with relevant laws and regulations. The seized cigarettes and cigars, if branded, shall be calculated according to the retail price issued by the provincial tobacco monopoly administration department where the brand cigarettes and cigars are seized.

legal ground

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.