{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-317.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-317.9","heading":"Restrictions on delivering cigarettes - Violations","body":"A. No person or entity engaged in the business of selling or\n\ndistributing cigarettes that is not a manufacturer, wholesaler, or\n\ndistributor of cigarettes or other tobacco products licensed by the\n\nOklahoma Tax Commission shall mail, ship or otherwise deliver\n\ncigarettes to any person in this state that is not:\n\n1. A distributor or wholesaler of cigarettes licensed by the\n\nOklahoma Tax Commission under Section 304 of Title 68 of the\n\nOklahoma Statutes;\n\n2. An export warehouse proprietor pursuant to Chapter 52 of the\n\nInternal Revenue Code or the operator of a customs bonded warehouse\n\npursuant to 19 U.S.C., Section 1311 or 1555; or\n\n3. A person who is an officer, employee or agent of the United\n\nStates government, this state or a department, agency,\n\ninstrumentality or political subdivision of the United States or\n\nthis state when the person is acting in accordance with the official\n\nduties of the person.\n\nB. For purposes of this section, \"cigarette\" shall have the\n\nsame definition as that found in Section 600.22 of Title 37 of the\n\nOklahoma Statutes and \"distributor\", \"wholesaler\" and \"retailer\"\n\nshall have the same definitions that are found in Section 301 of\n\nTitle 68 of the Oklahoma Statutes.\n\nC. It shall be illegal for any common or contract carrier to\n\nknowingly transport cigarettes to any person in this state\n\nreasonably believed by the carrier to be a person other than\n\ndescribed in paragraph 1, 2 or 3 of subsection A of this section.\n\nFor purposes of this subsection, cigarettes may be transported to a\n\nhome or residence in this state by persons other than common and\n\ncontract carriers in quantities that do not exceed one thousand\n\ncigarettes at any one time.\n\nD. 1. A person that violates the provisions of subsection A or\n\nC of this section shall be subject to:\n\na. a civil penalty of Two Thousand Five Hundred Dollars\n\n($2,500.00) for each violation or Twenty-five Dollars\n\n($25.00) for each pack of cigarettes shipped or\n\ntransported, whichever is greater,\n\nb. an injunction to restrain a threatened or actual\n\nviolation of this section,\n\nc. the costs of any investigation conducted by the state\n\nrelated to a violation of this section, and\n\nd. attorney fees and costs.\n\n2. Any cigarettes that are shipped or transported into this\n\nstate in violation of this section shall be forfeited to the state\n\nand destroyed.\n\n3. Each shipment, transport, or attempted shipment or transport\n\nof cigarettes or tobacco products in violation of this section shall\n\nconstitute a separate violation.\n\nE. All civil penalties obtained as a result of an action\n\nbrought under this section shall be deposited into the Attorney\n\nGeneral's Evidence Fund.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"abe602fa8d37a8b825896fb7192b8567ecef5a031e4ddfd24546c09439e405c9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-317.8","next":"us-ok/okla.-stat.-tit.-68-68-319"},"notice":"GroundRules: Original legal text. Not legal advice."}
