Introduction
Who hasn’t thought of this one? Seriously – when you are a store owner you would love to buy cigarettes for less and sell them for more. In most cases, we have a situation where a “mule” will carry cigarettes over state lines and is then stopped as soon as they cross over the state line into Georgia. The police are very familiar with this setup.
You will most likely be pulled over for a broken tail light or something very minor. However, if the stop is valid, then, at the very least, the police have the right to inspect the wing-span of your car. If for any reason there is probable cause that you may have a weapon, they will check your trunk. If you know how the police operate, then you know they will create probable cause by any means.
Even if your motion to dismiss gets you off the charges of importing illegal cigarettes into the state, you will most likely never get your cigarettes back.
Georgia Law on Carrying Unstamped Cigarettes
O.C.G.A. 48-11-24 (2010)
(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontax-paid cigars or loose or smokeless tobacco in his or her possession.
(b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his license has been revoked or during a suspension of the license shall be liable for a penalty of not more than $250.00. Each day that the business is engaged in or conducted shall be deemed a separate offense.
(c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his favor. If the judgment is for the defendant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter.
Conclusion
If you are charged with smuggling unstamped cigarettes into Georgia, you should understand the serious legal and financial consequences you are facing. Georgia law imposes strict penalties, including substantial fines for each carton or box of unstamped tobacco products found in your possession. Even if you successfully fight the charges and your case is dismissed, you are unlikely to recover any cigarettes that were seized during your arrest.
Law enforcement officers in Georgia are highly familiar with the tactics used in cigarette smuggling operations and often initiate stops based on minor traffic violations to investigate further. These cases are prosecuted aggressively, and navigating them requires a clear understanding of the law and a strong legal defense.
If you find yourself facing these charges, consulting with an experienced Georgia Unstamped Cigarette Smuggling Attorney can help protect your rights and provide the best possible defense for your case.
Frequently Asked Questions
What are unstamped cigarettes, and why are they illegal in Georgia?
Unstamped cigarettes are tobacco products that have not been taxed and labeled with the appropriate Georgia state tax stamp. Possessing or selling them violates Georgia tax laws, which aim to prevent black-market sales and ensure state tax revenue.
What happens if I’m caught with unstamped cigarettes in Georgia?
If you’re found with unstamped cigarettes, you may be fined up to $25 per carton. Possessing untaxed cigars or smokeless tobacco can lead to penalties of up to $50 per box. These charges can be accompanied by additional legal consequences if you’re suspected of trafficking.
Can the police search my car just for suspecting I’m smuggling cigarettes?
Yes, but only under specific circumstances. Typically, they stop vehicles for minor infractions, then expand the search if they find probable cause. Officers are known to be familiar with cigarette smuggling tactics and may use any suspicious sign to justify a more thorough inspection.
Will I get my cigarettes back if my case is dismissed?
No, even if your charges are dropped or dismissed, it’s highly unlikely you’ll recover any seized cigarettes. Georgia law enforcement usually confiscates the cigarettes permanently once they’ve been deemed contraband.
Do I need a lawyer if I’m charged with smuggling cigarettes?
Absolutely. These cases are aggressively prosecuted and involve complex state tax and criminal laws. Hiring an experienced attorney can help protect your rights and build a strong defense against serious fines and legal consequences.