The legality of purchasing native cigarettes in Canada may be a bit hazy, particularly to non-Indigenous people. Although many non-Indigenous adults do purchase native smokes on occasion, many wonder whether it is legal or not. This is not a one-size-fits-all answer. That depends on where you purchase them, how many, and the provincial regulations that may apply to you.
Here is what you should know in case you are a non-Indigenous person with the intention to buy native cigarettes in Canada, either in-store or online.
Purchasing in a reserve as a non-indigenous adult
It is legal in most provinces to buy native smokes at retail shops on the First Nations reserves, even though you are not one of them. The sale is still age-restricted (18 or 19+, depending on the province), but the product must be a personal possession, not a resale item.
Remember:
- You do not need a status card to purchase cigarettes on a reserve unless there are community or individual restrictions against that.
- Traditionally, there is no provincial tobacco tax that is applied to the Native-brand products sold within the reservation, hence their affordability.
What does the law say about quantity and transport?
You may legally purchase an occasional carton or two for yourself. However, when you are hauling off-reserve in large quantities, then it becomes a legal grey area. Different provinces have varying limits as to what counts as personal use and illegal possession.
Here are some of the examples:
- Ontario: Having over 200 (approximately one carton) unmarked cigarettes is a punishable offense unless you are an exception.
- British Columbia: The permitted amount is normally one carton of unmarked tobacco to be used for personal consumption unless bought as a status Indian under the treaty rights.
Therefore, purchasing one or two packs, or one carton to consume individually, is usually okay. However, any more may cause doubts, particularly when traveling with unmarked tobacco products.
So, what about buying native cigarettes online?
E-commerce is scrutinized more stringently. Certain Indigenous-owned websites do sell and ship native cigarettes to non-Indigenous purchasers, but the legality involves where they ship and which provincial regulations are in place.
In the majority of the provinces, including Ontario and Quebec, purchasing tobacco online is prohibited unless the government approves a retailer. This implies that shipping tobacco off-reserve to a non-Indigenous buyer could be against laws in the province, even when a native-owned business remains within the legal bounds to conduct work on the reserve.
If you plan to buy native smokes online, pay attention to the following:
- Check whether the province(s) that they are permitted to ship to are listed on the site.
- Avoid sellers who do not perform checks against age or who promote e-transfer-only payments without complete business details.
- Know that even when the seller is legit, you may be legally liable where you reside.
The bottom line
As a Canadian adult who is of non-Indigenous descent, you are allowed to legally purchase native cigarettes. However, certain processes must be followed.
Purchasing personally on reserve is legal. Purchasing wholesale or ordering across provincial boundaries? That is where legality turns out to be problematic.
Stay updated, be respectful to Indigenous sellers, and familiarize yourself with the provincial rules governing your purchase. That is how you can ensure you purchase legally.
