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Cigarette: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
A cigarette is a small roll of finely cut tobacco leaves wrapped in paper, designed for smoking. According to 18 USCS § 2341, a cigarette includes any roll of tobacco wrapped in paper or other substances, whether or not they contain tobacco. The definition also encompasses any roll that, due to its appearance, type of tobacco, or packaging, is likely to be marketed or purchased as a cigarette.
Table of content
Legal Use & context
The term "cigarette" is commonly used in various legal contexts, particularly in regulations concerning tobacco control, taxation, and public health. It is relevant in areas such as:
Tobacco regulation
Public health law
Taxation and revenue laws
Users may need to complete forms related to tobacco sales, licensing, or compliance with health regulations, which can often be managed through templates available on platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A convenience store sells pre-packaged cigarettes that meet the legal definition. Customers recognize them by their branding and packaging.
Example 2: A manufacturer creates a new product that looks like a cigarette but contains no tobacco. This product may still be classified as a cigarette under the law due to its appearance and marketing (hypothetical example).
Relevant laws & statutes
Key statutes related to cigarettes include:
18 USCS § 2341 - Defines cigarette and outlines regulations.
Various state laws regulating the sale and distribution of tobacco products.
State-by-state differences
State
Regulation Type
Notes
California
Strict advertising regulations
Prohibits certain marketing tactics.
New York
High taxation
One of the highest cigarette taxes in the country.
Texas
Less restrictive
Fewer regulations on sales and advertising.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Cigarette
A roll of tobacco wrapped in paper, intended for smoking.
Cigar
A larger roll of tobacco, typically wrapped in tobacco leaves.
Tobacco product
Any product made from tobacco, including cigarettes, cigars, and smokeless tobacco.
Common misunderstandings
What to do if this term applies to you
If you are involved in the sale or distribution of cigarettes, ensure compliance with local laws and regulations. Consider using US Legal Forms' templates for necessary legal documents, such as licensing applications or compliance forms. If your situation is complex, consulting with a legal professional is advisable.
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