How to Grow Tobacco

How to grow and process tobacco at home for personal use. This is a non-commercial hobby website.
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 Post subject: Legality of Growing Tobacco
PostPosted: Mon Sep 25, 2006 3:58 pm 
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Location: Washington State, USA
Is it legal to grow tobacco? It depends on where you are. Here in the USA it is legal in all states as far as I know. You may grow up to 1/10 of an acre for personal use. No permit is needed for personal use.
A permit must be obtained to grow it commercially. It used to be very difficult to get a license but the rules have been changed recently to make it easier.


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PostPosted: Wed Nov 28, 2007 2:11 am 
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ty for the info. I just joined this site, and your entry was the first I read. I was glad to here that generally it's ok to grow tobacco, and interesting that I may be able to get a permit if I want to sell some. Just checking into it, never grown it before. Thanks again. Oh, at this point I make my own smokes with store bought tobacco and tubes. I also sell a carton of what I make to a friend, once a week.


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PostPosted: Wed May 07, 2008 6:50 am 
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Joined: Fri May 02, 2008 7:26 am
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Location: Calgary, Alberta, Canada
In Canada you may grow enough tobacco for 15kg(33lbs.) of processed tobacco a year for every adult (18y or older) living in the household. Using the assumption that each plant yeilds 100g of cured leaves; a household with 2 adults can raise 300 plants per year. Now I'm looking for a bigger yard...


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Tue Apr 14, 2009 10:02 am 
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How many plants can you fit into 1/10 of an acre?
Where did you find this info? Do you have a link?
I was just researching this very topic, and I couldn't find anything stating a limit.
http://www.ttb.gov/tobacco/faq_answers.shtml
Quote:
T16: If I grow tobacco, do I need a license or permit from the TTB?

TTB does not license, or require a permit for, growing tobacco. In addition, TTB does not regulate the sale of tobaccos that are not tobacco products. The U.S. Department of Agriculture may regulate the growing and sale of such tobacco. You may find additional information from the U.S. Farm Service Agency.


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Tue Apr 14, 2009 10:40 am 
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Joined: Wed Feb 13, 2008 2:13 pm
Posts: 1157
Location: Nashville TN
cheapskate wrote:
How many plants can you fit into 1/10 of an acre?
Where did you find this info? Do you have a link?
I was just researching this very topic, and I couldn't find anything stating a limit.
http://www.ttb.gov/tobacco/faq_answers.shtml
Quote:
T16: If I grow tobacco, do I need a license or permit from the TTB?

TTB does not license, or require a permit for, growing tobacco. In addition, TTB does not regulate the sale of tobaccos that are not tobacco products. The U.S. Department of Agriculture may regulate the growing and sale of such tobacco. You may find additional information from the U.S. Farm Service Agency.


There is no 1/10th acre rule. I don't know who started it, but I hear the rumor all over the internet. If there was a rule, begining in 2005, since the end of the tobacco program, anyone in the U.S. can grow any type of tobacco in any amount anywhere for personal use or sale as non processed tobacco.


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Tue Apr 14, 2009 1:58 pm 
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Joined: Sat Jan 06, 2007 6:52 pm
Posts: 190
Location: Portland, Oregon
I think the 1/10 of an acre question started because that is a very common size of a residential lot in the US! "How many plants will fill my yard?" Ha!

There is a Thread where we post Tax Regulations. We have links and relevant excerpts from several states here:
viewtopic.php?f=28&t=491

Leigh M
Portland
www.leighmaynard.com


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 15, 2009 10:25 am 
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Joined: Sun Mar 29, 2009 10:25 pm
Posts: 55
This issue was eating at me, so I went strait to the sources. I've emailed The Farm Service Agency, TTB and the Kansas Department of Revenue. I have received two responses regarding this issue.

This was my question to TTB:
I would like to know if a person can grow tobacco for their personal use. If so, how much is that person entitled to and does it vary in certain states?

The response:

Quote:
TTB does not license, or require a permit for, growing tobacco for personal use. The U.S. Department of Agriculture may regulate the growing and sale of such tobacco. You may find additional information from the U.S. Farm Service Agency.

Thank you.


This was my question to the Kansas Department of Revenue:
I am at a quandary. I have been searching KDoR for references and legalities regarding growing tobacco for personal consumption. I know that beer and wine can be produced in limited quantities for personal consumption, but after reading the Kansas Cigarette and Tobacco Products Act, K.S.A. Chapter 79, Article 33, I find myself confused as to the wording and meaning for me personally.

My question is simple. I would like to know if a person can grow tobacco in Kansas for their personal use. If so, how much is that person entitled to grow? I do not wish to violate any state laws regarding this issue. This is the purpose of my inquiry.

Thank you for your time.


The response:
Quote:
In response to your question. I don't think there is anything in our statutes (Kansas) that covers growing tobacco for your personal use. I did check the US Dept of Treasury for information on the federal level. The website would be http://www.ttb.gov and there are some tobacco faqs concerning this. I have included one of the faqs for your convenience. You might want to contact them for any federal issues.

T16: If I grow tobacco, do I need a license or permit from the TTB?

TTB does not license, or require a permit for, growing tobacco. In addition, TTB does not regulate
the sale of tobaccos that are not tobacco products. The U.S. Department of Agriculture may regulate
the growing and sale of such tobacco.  You may find additional information from the U.S. Farm
Service Agency.

Thanks
Rosie
Customer Representative Specialist


I am still waiting for an official response from the Farm Service Agency and will update my post as soon as I receive a reply. I suspect there will be more detailed information coming from this agency, but as far as being illegal – not a chance. :wink:


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 15, 2009 1:44 pm 
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Joined: Sat Jan 06, 2007 6:52 pm
Posts: 190
Location: Portland, Oregon
Thanks for the good work George.

Don't think of tobacco growing being Legal/Illegal. Think of it in terms of taxable/non-taxable. That will help you a bit.

Leigh M
Portland


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 29, 2009 11:03 am 
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Joined: Sun Mar 29, 2009 10:25 pm
Posts: 55
Just an update on my request for clarity on legalities of growing tobacco for personal use. Here's a reply from the USDA administrator regarding my issue:

Quote:

Thank you for your e-mail of April 14, 2009, to the U.S. Department of Agriculture (USDA), regarding tobacco.

The nature of the information needed could be very specific to local conditions and circumstances. Therefore, I suggest that you contact the local Cooperative Extension Agent who can provide assistance with locally relevant information. Contact information for the county agent can be found on the internet at the website for USDA’s Cooperative State Research, Education and Extension Service:

1) go to http://www.csrees.usda.gov/;
2) under quick links, click on “Local Extension Offices”;
3) click on your state on the U.S. map;
4) click on your county on your state map;

This should give you the contact information you need for your county extension office and hopefully they will be able to help with your interest.

Sincerely,

Colien XXX
Administrator
Cooperative State Research, Education and Extension Service


It seems like I'm getting the run around, but that's the norm I think.

I sent an email to K-State Research and Extension. Here's the reply I received:

Quote:
Here's a link to a publication from Florida, "Growing Tobacco in the Home Garden." http://edis.ifas.ufl.edu/AA260 ... Here's a link to Kansas law on sales of tobacco products. http://www.ksrevenue.org/abcCigStatutes.htm ... If there are people under the age of 18 in your household, or if young people could get into the tobacco plot, the law on furnishing tobacco to minors could be enforced. Is your property is within 500 feet of a school? ... 79-3321. Unlawful acts. It shall be unlawful for any person: (a) To possess, except as otherwise specifically provided by this act, more than 200 cigarettes without the required tax indicia being affixed as herein provided. ... That's as much as I can find about Kansas law and tobacco. Apparently there is a tobacco farm, Coopers Tobacco Llc., in Shawnee Mission, KS.

Amy,


This seems so ambiguous to me. I do have children under 18 in my household. My daughters are 14 and 16. It doesn't make any sense to me weather I purchase tobacco for making my own or growing for the same purpose. Kansas can seem so backwards sometimes. Our high school is two blocks from my house. More than 2 football fields away. So, I think I'm OK there. Perhaps I should write to Coopers Tobacco and see if they have any more information about this issue.

I think the heart of the matter lies in possessing untaxed tobacco. They want their money... :roll:


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 29, 2009 4:01 pm 
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Joined: Sat Jan 06, 2007 6:52 pm
Posts: 190
Location: Portland, Oregon
Here's the link that Amy sent you. http://www.ksrevenue.org/abcCigStatutes.htm

It is actually the same link that you dug out yourself. It seems to have the answers. Do a "find"search on your computer. It is <control> <F>. In the box that pops up, enter the word "product."

Notice that tobacco is not a "product" until it is suitable for smoking or chewing.

Notice also that cigarettes are not a tobacco product! Who woulda thunk it?

Do a similar search for
distributor
dealer
license
sales

It sure looks to me that if you are not manufacturing, distributing, or dealing, with the purpose of selling, you don't have a taxable event.

It might be best if you wrote a letter (email will not do) to the Kansas DOR and asked if there is a license or tax due if you grow tobacco and make it into cigarettes or products in your kitchen. The purpose being for your own consumption.

When you get the reply letter, post it here. We would like to see it.

Leigh M
Portland


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 29, 2009 4:11 pm 
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Joined: Sat Apr 04, 2009 6:34 pm
Posts: 2741
Here's a quote from seedrack.com:

In the U.S.A. it is legal to grow and process your own tobacco at home. Please check your local laws if living outside the U.S.A.

(edited to add the full link)

http://seedrack.com/indiv/nicotiana_tabacum.html


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 29, 2009 7:22 pm 
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Joined: Sun Mar 29, 2009 10:25 pm
Posts: 55
ConcordBridge wrote:
It is actually the same link that you dug out yourself.

Thanks Leigh, I noticed that too. It's what leads me to believe that I'm just getting the run around. I'm also of the opinion that Amy was just covering her bases, so-to-speak. :wink:

ConcordBridge wrote:
Notice also that cigarettes are not a tobacco product! Who woulda thunk it?

This has me in a tizzy. Reading this just creates more confusion to me. I find myself lost in the interpretation of those definitions. I also don't want to beat a dead horse on this issue I would just like to receive a cohesive answer.

I'm in agreement that, as you said, if I'm not manufacturing, distributing, or dealing, with the purpose of selling, then I won't be in violation of a taxable event.

Thanks for your insight. :)

Also as Wydeboi pointed out, if this Web site is proclaiming legality, then they are also being liable to some extent if it is not true. 8)

I might as well see this through and write a personal letter via snail mail to KDoR and see if I receive any better response. I'll post when it arrives.


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Wed Apr 29, 2009 8:05 pm 
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Joined: Wed Feb 13, 2008 2:13 pm
Posts: 1157
Location: Nashville TN
GeoKan wrote:
ConcordBridge wrote:
It is actually the same link that you dug out yourself.

Thanks Leigh, I noticed that too. It's what leads me to believe that I'm just getting the run around. I'm also of the opinion that Amy was just covering her bases, so-to-speak. :wink:

ConcordBridge wrote:
Notice also that cigarettes are not a tobacco product! Who woulda thunk it?

This has me in a tizzy. Reading this just creates more confusion to me. I find myself lost in the interpretation of those definitions. I also don't want to beat a dead horse on this issue I would just like to receive a cohesive answer.

I'm in agreement that, as you said, if I'm not manufacturing, distributing, or dealing, with the purpose of selling, then I won't be in violation of a taxable event.

Thanks for your insight. :)

Also as Wydeboi pointed out, if this Web site is proclaiming legality, then they are also being liable to some extent if it is not true. 8)

I might as well see this through and write a personal letter via snail mail to KDoR and see if I receive any better response. I'll post when it arrives.


You mind as well call up one of those people from India. I think that's why you keep getting the run around. Nobody wants to get their ass burned if they give you a wrong answer. There's big difference between processed and un-processed. Leaves with the mid rib intact simply don't constitute tobacco products. You can basically say you're growing corn. Even if children do get into the tobacco plot, what does it matter? It's not a product.

I've said this before and I'll say it again, the only thing that could prevent you from growing tobacco, would be a local ordinance or something of the sort.


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Fri May 01, 2009 6:45 am 
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Posts: 55
Quote:
I've said this before and I'll say it again, the only thing that could prevent you from growing tobacco, would be a local ordinance or something of the sort.

Here lies the heart of my quest Cameron.

I live in a small town of about 1,000. I was given a citation last summer for not mowing the banks in my front yard. This was when my mower was broken and it took me about 3 weeks to get it fixed. This infuriated me because all throughout this tiny town were tons of residents with weeds much taller than those in my front yard. Not only this, but the sheriff lives across the street and the city clerk lives next door. :roll:

I can go talk to my county extension agent (who by-the-way is the son of the banker in town) and ask about the legality of home grown tobacco. If I did that, then it's quit possible this would be the beginning of some city ordinance to stop my efforts to grow it.

I hope you can understand my circumstances. I don't think I will pursue asking the extension agent. I'm just going to grow it and see what happens. I also plan growing a large patch on my brother's farm outside the city limits. My great grandfather had an allotment and grew it there, so I feel relatively safe I'll have some kind of crop this year. :wink:


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 Post subject: Re: Legality of Growing Tobacco
PostPosted: Fri May 01, 2009 6:54 am 
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Location: NW Arkansas, USA
Do not talk to anyone. Use ignorance as your ally. Hey tobacco is a beautiful flower plant. Most people don't know a tomato from a cucumber plant. Pretend you are growing some lovely flowers, decorate your yard, with ornaments, make it look landscaped. They will be so thrilled with your improved maintenance, they won't think to question you. You might be a little selective in where you hang it to dry. I did see some lovely whole plants in photos that Concord Bridge posted hanging intact. They will not have a clue what you are doing, unless you open your mouth!


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