The state Revenue Department wants a court ruling on a roll-your-own issue. That as a Dane County Court considers the larger issue of whether or not roll-your-own cigarette retailers are in fact “manufacturing” cigarettes as defined by state law. Revenue’s Stephanie Marquis said pipe tobacco is being used in roll-your-own stores, despite not being on a state directory of approved tobacco products. “Many of the roll-your-own machine operators and retailers are using people tobacco because it’s less expensive,” said Marquis. “But obviously state law prohibits that.”
Marquis said it’s an issue of fairness for other tobacco retailers. “Most people would expect that companies that are doing business in the state are following our laws, are following our regulations, and that’s to make sure that everybody’s on the same page for business purposes.” The Revenue department will ask the judge to ban the use of pipe tobacco in roll your own machines. A decision on the larger issue of whether the department will have regulatory authority over roll your own machines is not expected until later this year.