The government has finally decided to close a loophole that has allowed Massachusetts residents to purchase cigarettes off the internet, avoiding the state’s relatively high tax on tobacco products.
The legislation, which was passed three years ago but is only now being enforced, requires people who buy tobacco products off the internet to reimburse tax money that would have gone to the state if the cigarettes were purchased in Massachusetts.
Even though online buyers might have been unaware at the time that the cigarettes they bought online are subject to a Massachusetts tax, it would not infringe on consumers’ rights to tax individuals ex post facto because they knowingly decided to take advantage of a legal loophole. It is unconvincing that those who have bought cigarettes online did so because of the mere convenience, and not because of tax purposes, because practically every corner store sells tobacco products. This is an argument that the group Citizens for Limited Taxing has used, but with little evidence to back up their claim.
Cigarette smokers are well aware that Massachusetts places a heavy tax on cigarettes – at about $1.50 per pack – and that buying online has up until now been a way to avoid this tax.
Enforcing the cigarette tax not only brings money into state funds, but also discourages smokers from wasting their money on a product damaging to their health. Those who want to avoid the state tax should simply give up cigarettes, and several support and counseling groups exist for this purpose.
Massachusetts is doing its part in the global battle to reduce smoking, and recent government statistics show that smoking among high schoolers has dropped significantly in the past year. Placing severe limits on smoking indoors is another way the state has tried to get smokers to quit.
The Massachusetts tax may be the highest in the country, but it only provides more incentive to quit. Websites like Cheap Cigarettes Online, which falsely advertises its cigarettes as being duty and tax free, is misleading consumers and should be penalized for disseminating false information.
Taxing of online tobacco products may be less enforced in other states, but those states are probably not committed to reducing smoking as much as Massachusetts.
Consumers should know that cigarettes are not a necessity, and that all tobacco products deserve to be highly taxed. Enforcing this rule might damage the online cigarette industry, but it will also close a loophole for tax evaders.